Thursday, November 21, 2019

Argumentative paper Essay Example | Topics and Well Written Essays - 500 words

Argumentative paper - Essay Example The taking constitutes significant facts that include losing at the very least $10, 000 when he was not permitted to fulfill his obligation to Ford during the Chief/Bronco game. The rule promulgated by FAA is unconstitutional for businesses, such as that of Ben is not illegal nor does it mislead the people. The purpose of the law is vague and the rationale behind it finds no balance to the nonexistence of impending danger as unreasonably feared by these government offices. The business of advertising through aircrafts has little to no possibility of having any relation to the goal of fighting terrorism or preventing its effects. People such as Ben are unduly deprived of their commerce because of such muddled policies. The First Amendment is inclusive of its protection of Commercial speech and this must be given weight in the case at hand. Under the Central Hudson Test, as promulgated by the Supreme Court in the case of Central Hudson Gas & Electric v Public Service Commission,  "Commercial speech will be protected by the First Amendment if it is a lawful activity and not misleading, there is a qualified government interest, that such interest is substantial and parallel to the regulation and finally, that the regulation is legitimately laid down. This leads to the conclusion that the business of Ben must be protected based on the given requisites.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.