Question
1) Commerce Clause. A Georgia state law requires the use of contoured rear-fender mudguards on trucks and trailers operating within its state lines. The statute
1) Commerce Clause.A Georgia state law requires the use of contoured rear-fender mudguards on trucks and trailers operating within its state lines. The statute further makes it illegal for trucks and trailers to use straight mudguards. In thirty-five other states, straight mudguards are legal.
Moreover, in the neighboring state of Florida, straight mudguards are explicitly required by law. There is some evidence suggesting that contoured mudguards might be a little safer than straight mudguards. Discuss whether this Georgia statute violates any constitutional provisions.
2) Freedom of Speech.Mark Wooden sent e-mail to an alderwoman for the city of St. Louis. Attached was a nineteen-minute audio. In a menacing, maniacal tone, Wooden said that he was "dusting off a sawed-off shotgun," called himself a "domestic terrorist," and referred to the assassination of President John Kennedy, the murder of federal Judge John Roll, and the shooting of Congresswoman Gabrielle Giffords. Feeling threatened, the alderwoman called the police. Wooden was convicted of harassment under a state criminal statute. Was this conviction unconstitutional under the First Amendment? Discuss.
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