HOW THE CONSTITUTION REGULATES BUSINESS

Official Language of Arizona

As the result of a general election, Arizona added Article XXVIII to its constitution that provided that English was to be the official language of the state and required all state officials and employees to use only the English language during the performance of government business. Maria Kelly, an employee of the Arizona Department of Administration, frequently spoke in Spanish to Spanish-speaking persons with whom she dealt in the course of her work. Kelly claimed that Article XXVIII violated constitutionally protected free speech rights and brought an action in federal court against the state governor, Rose Mofford, and other state officials.

Does Article XXVIII violate the freedom of speech guaranteed by the First Amendment to the U.S. Constitution? Why or why not?

OPINION:

Maine Will Not Take the Bait

Finley owned a bait business in Maine and arranged to have live baitfish imported into the state. The importation of the baitfish violated a Maine statute. Finley was charged with violating a federal statute that makes it a federal crime to transport fish in interstate commerce in violation of state law. Finley moved to dismiss the charges on the ground that the Maine statute unconstitutionally burdened interstate commerce. Maine intervened to defend the validity of its statute, arguing that the law legitimately protected the state’s fisheries from parasites and nonnative species that might be included in shipments of live baitfish.

Were Maine’s interests in protecting its fisheries from parasites and nonnative species sufficient to justify the burden placed on interstate commerce by the Maine statute? Discuss.

OPINION:

Dancing In the City

With the objectives of preventing crime, maintaining property values, and preserving the quality of urban life, New York City enacted an ordinance to regulate the locations of commercial establishments that featured adult entertainment. The ordinance expressly applied to female, but not male, topless entertainment. Adele owned the Cozy Cabin, a New York City cabaret that featured female topless dancers. Adele and a dancer filed a suit in a federal district court against the city, asking the court to block the enforcement of the ordinance. The plaintiffs argued in part that the ordinance violated the equal protection clause because it only applied to female topless dancers.

Under the equal protection clause, what standard applies to the court’s consideration of this ordinance?

Under this test, how should the court rule? Why?

HOW THE CONSTITUTION REGULATES BUSINESS