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Bar Owners (5-+HW_7+Bar+Owners.doc), Schemes and Mind Maps of Business Management and Analysis

This document examines the legal and regulatory challenges faced by bar owners. It delves into issues such as liquor licensing, noise ordinances, and public nuisance laws. The document also explores how bar owners navigate these regulations while trying to maintain profitable businesses. Specific cases and examples from various jurisdictions are provided to illustrate common pitfalls and successful strategies for compliance. It emphasizes the need for bar owners to stay informed about changing laws and to engage in proactive community relations.

Typology: Schemes and Mind Maps

2013/2014

Uploaded on 05/18/2024

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Constitutional Law: HW#5 Free Speech Practice Question
The City of Cincinnati, for reasons of safety and appearances on its streets and sidewalks,
would not allow news racks and advertising papers that distributed "commercial
handbills" (e.g. real estate ad circulars, free newspapers and advertising papers). These
news racks constituted 3% of all news racks in the City. Regular newspapers were
allowed to have racks. Discovery Network, publisher of the free circulars sued the City
for violating its First Amendment Rights. Did the publisher win? Explain and apply the
rules of law.
Students, here are the questions you need to answer to analyze this problem. What type of
speech is being regulated? Is content being regulated? What tests does the City have to
pass in order to uphold its action revoking Discovery’s permit? Is the City’s ban on the
newsracks constitutional?
Complete the following:
1. What type of free speech is involved?
Commercial Speech(Advertising)
2. Is the content being regulated? Explain.
Yes, it is not allowing for new racks and advertising papers that distrubted “commercial
handbills”. It would ultimately be limiting the amount of speech that be in the vicinity.
3. What tests must the City’s law pass?
Quasi-strict scrutiny test.
ROL 1: Speech must be truthful and not misleading.
Apply: These are truthful Adveristments
ROL 2: The law must directly and significantly advance a substantial state interest
This means the law must have a meaningful impact on solving the problem. It does
not have to solve the entire problem.
Apply: It is stated that this if or safety and appearances on tis streets and sidewalks, while
this does not hold true, since it is not limiting regular newspapers.
9uksp0neoq-11ee14f4-248f-4d78-9e6e-c1e84c974d7f-4259.doc
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Constitutional Law: HW#5 Free Speech Practice Question The City of Cincinnati, for reasons of safety and appearances on its streets and sidewalks, would not allow news racks and advertising papers that distributed "commercial handbills" (e.g. real estate ad circulars, free newspapers and advertising papers). These news racks constituted 3% of all news racks in the City. Regular newspapers were allowed to have racks. Discovery Network, publisher of the free circulars sued the City for violating its First Amendment Rights. Did the publisher win? Explain and apply the rules of law. Students, here are the questions you need to answer to analyze this problem. What type of speech is being regulated? Is content being regulated? What tests does the City have to pass in order to uphold its action revoking Discovery’s permit? Is the City’s ban on the newsracks constitutional? Complete the following:

  1. What type of free speech is involved? Commercial Speech(Advertising)
  2. Is the content being regulated? Explain. Yes, it is not allowing for new racks and advertising papers that distrubted “commercial handbills”. It would ultimately be limiting the amount of speech that be in the vicinity.
  3. What tests must the City’s law pass? Quasi-strict scrutiny test. ROL 1: Speech must be truthful and not misleading. Apply: These are truthful Adveristments ROL 2: The law must directly and significantly advance a substantial state interest This means the law must have a meaningful impact on solving the problem. It does not have to solve the entire problem. Apply: It is stated that this if or safety and appearances on tis streets and sidewalks, while this does not hold true, since it is not limiting regular newspapers. 9uksp0neoq-11ee14f4-248f-4d78-9e6e-c1e84c974d7f-4259.doc

**ROL 3: There must be a reasonable fit between the law and its goal. The law cannot be any more restrictive than necessary to achieve the government's goal. "Reasonable fit' means:

  1. A reasonable, but not perfect, fit is required.
  2. The means chosen to achieve the goal doesn't have to be absolutely the least severe(("least restrictive alternative is not required) but if there are obvious, less- burdensome alternatives, other than a complete ban, one of those must be used instead.** Apply: This does not significantly achieve the goal intended since it is only 3% of the problem and specifically says there are other racks that account for 97% of the “problem”. This is not the least restrictive alternative for these businesses. ROL 4: The law cannot be "void for vagueness" (a reasonable person would be required to guess what the law means or what it prohibits.) Apply:
  1. Is the law constitutional? (Give a bottom line conclusion and summary). No, Law must treat similarly situated people the same unless there is a “good reason” not to. In conclusion, this law should be appealed and shot down and have no jurisdiction in the city. Simply putting it with having failed 2 of the 4 laws it is not a law that should be in place. 9uksp0neoq-11ee14f4-248f-4d78-9e6e-c1e84c974d7f-4259.doc