LEGL 020 Lecture Notes - Lecture 17: Commercial Speech
31 May 2017
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Bill of rights: counter enabling, different than the rest, rights of the people rather than government. If ordering counts the first amendment comes first and is the most important. 1st amendment: six things being protected (religion first) Boil down to one substantial topic: freedom of expression. Comes from natural law right: it"s part of the nature of human beings to express themselves. Congress shall make no law on them. Like sherman act, it is congress shall not make unreasonable laws to restrain these rights (implicit because that is not written in the constitution) Constitutional speech (most often cited constitutional right) 2nd amendment: one only thing being protected. Shall not be infringed is a stronger statement grammatically than no, it means don"t even think about it. 30,000 classifications of guns and thousands of gun control laws. This clause (no state shall) is called the conduit clause, which means if the federal cannot infringe these rights, neither can the state.
