Question

1-While cutting class and driving off campus to meet friends for lunch, Marie, a busy college student, is busy talking on her cell phone with her friend Steve. There is a new statute in her state making it a criminal offense to talk on a cell phone while operating a motor vehicle. Marie crashes into the side of Saul's new convertible when she looks down to pick up a can of soda she just dropped on the floor of her car. A police officer just down the street comes over to investigate. Marie explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Saul comes along. He is furious regarding the significant dent in his new car. Marie says she has insurance and that she will cover the whole incident. Saul says that is insufficient. The officer tells Marie that she must obey the law and proceeds to write several citations to her. Which of the following is/are true regarding Marie's predicament?

a) Marie can be given a ticket and prosecuted criminally by government officials, but she may not be sued for a civil violation.

b) Marie can be sued in a civil action by Saul, and the government can also prosecute her for a criminal violation.

c) Marie can be sued for a civil action and must pay for Saul's car, but she cannot be prosecuted for a criminal violation.

d) So long as Marie has insurance and can pay for Saul's vehicle damage, she cannot be prosecuted in a civil or criminal action.

e) Saul can prosecute Marie in a criminal action, but he cannot sue her in a civil action.

2- Which of the following is/are included in the Central Hudson Gas & Electric Corp. v. Public Service Commission of New York
test for commercial speech?

a) The principle that speech that is misleading is not protected by the First Amendment to the U.S. Constitution; the principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech; and the principle that any restriction on commercial speech must not be more extensive than necessary.

b) None of these.

c) The principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech.

d) The principle that any restriction on commercial speech must not be more extensive than necessary.

e) The principle that speech that is misleading is not protected by the First Amendment to the United States Constitution.

Answer 1

1) The answer is B because criminal offenses arise from the violation of local or state or federal statutes prohibiting certain conduct. A criminal offense can involve a fine, an arrest, or confinement in jail. Here she is not following the statute, which is a criminal offense.

On the other hand, the example of a civil violation is personal injury claims based on the negligent acts of one that cause harm to others, such as automobile accidents. So, both cases follow.

2) Option A is correct.

According to the First Amendment in the U.S. Constitution, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances".

In this case, the court states that for commercial speech to come within the jurisdiction of the First Amendment, it must concern lawful activity and not be misleading. Next, it must be determined whether the asserted governmental interest to be served by the restriction on commercial speech is substantial.