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True of false
State and local taxation of interstate commerce is unconstitutional. Conflicts between state and federal laws are generally governed by Article VI of the U.S. Constitution. Preemption is a question of fact. All types of speech do not receive the same level of First Amendment protection. The constitutionality of restrictions placed on advertising is determined by using a balancing test. In Case 5.5, the restrictions on political ads, commentary, documentaries, etc., just before an election, were held to be a violation of the First Amendment rights of corporations.
Expert Answer
6) It is false as interstate business isn’t exempt from state and local taxes. The taxes just can’t discriminate or be an undue burden on interstate commerce.
7) It is true as the law that applies to situations where state and federal laws disagree is called the supremacy clause, which is part of article VI of the Constitution.
8) true because federal pre-emption of state-law claims is a question of fact for a jury to decide, not a question of law for a judge.
9) it is true as there are some types of speech that are not protected by first amendment :obscenity, fighting words, child pornography, true threats,blackmail,defamantion etc. commercial speech–speech that proposes an economic transaction–was not protected by the First Amendment.
10) It is false because The Central Hudson test recognizes the constitutionality of regulations restricting advertising that concerns an illegal product or service, or which is deceptive
11) It is true because corporations can spend freely on political ads leading up to elections. It violates the free-speech right of corporations to engage in public debate of political issues.
