Business Law ( BUS 3010 )

Business Law ( BUS 3010 )

1.

In the United States, the rights of people to indulge in activities that involve oral, written, and symbolic speech are protected by the First Amendment, which involves limitations that are recognized by the Supreme Court. These limitations on the whole, govern the deliverance of free speech and the expressions of people. Within this context, the kinds of restrictions in terms of speech include; fully protected speech, limited protected speech, unprotected speech and the obscene speech.

The term limited protected speech refers to that kind of speech which is not restricted or prohibited by the government, however, it is subjected to time, place, and other restrictions related to manner. There are two subcategories of the limited protected speech, which include; Offensive Speech and the Commercial Speech. As the name suggests, the Offensive speech is refers to that category of speech which is offensive to members who constitute a particular society, whereas, on the other hand, the Commercial speech can be defined as that kind of speech which is adopted by business such as advertising. Nonetheless, both these subcategories of Limited protected speech are subject to restrictions in terms of time, place, and other factors related to mannerism, under which the speech is delivered.

This category of speech and expression does not deserve full protection by the Supreme Court, as it needs to be restricted for the greater good of the nation. The limitations related to Offensive speech make sure that people do not make use of inciting, hateful or provocative speech and refrain themselves from unpleasant expressions such as pornography. Moreover, the restrictions related to Commercial speech make certain that the businesses dealing in the advertisement of products do not involve in unlawful activities or provide misleading information for the marketing of their products.

2.

The Commerce Clause which provides description of the Federal Statuses is the third clause of the eight section of Article number one which is listed in the Constitution of the United States of America. This particular clause illustrates the conduct that the United States Congress must adhere to. According to this clause, the US Congress along with other provisions of the U.S. Constitution has the authority to endorse and regulate Commercial activities within the state and with other nations of the world.

Under this clause, the federal government initially had the power to govern intrastate matters only, which included the interstate trade or exchange along with the regulation of interstate commerce and navigation. Later on, by the year 1933, and with the advent of the domestic economic programs, the supremacy of the federal government extended to incorporate within the regulation of interstate matters, such as industrial production, working hours and the wages of workers working within the state.

3.

Under the Merchant Protection Statutes, which is commonly known as the Shopkeeper's Privilege, a merchant / shopkeeper has the power to stop any person who he suspects is involved in the unlawful activity of ...