Assignment 1: Critical Legal Thinking Case
Critical Legal Thinking Case Assignment One
Rodney Francis
Florida State College at Jacksonville
Business Law and Ethics
BUL 3130
September 6, 2014
Abstract The federal government has the power regulate the advertising of alcohol. This may also raise some question about the constitutional right of the government acting in such manner. Alcohol sold to underage drinkers is a problem but taking away a constitutional right from a company may not be the answer.
Analysis of the facts involved in this case clearly shows that the passage of this ordinance is indeed unconstitutional. This directly in defiance of the First Amendment of the U.S Constitution.
Areas and Principles of Law The first amendment of the United States Constitution guarantees freedoms concerning religion, expression, assembly, and the right to petition. It guarantees freedom of expression by prohibiting Congress from restricting thee press or the rights of individuals to speak freely. Restricting the Monkey Juice billboards have raised an important constitutional issue which our company will use in our effort to challenge the ordinance. Because prohibiting the billboards that advertise alcohol is directly regulating speech, then it is safe to say that is directly violate the right of free speech protected by the First Amendment to the U.S Constitution. …show more content…
Key Fact The city of Almond Grove has recently experienced an upsurge in teenage drinking leading to alcohol related accidents and public disorderly conduct.
In response, the city has passed an ordinance prohibiting billboard advertising of alcoholic beverages “designed to attract consumption by anyone under the age of 21” within 15 miles of any school. Compliance with this ordinance requires the distributors of Monkey Juice to abandon 80 per cent of its highly effective billboard
advertising.
Analysis
Argument: The City has the right to protect its citizens as it sees fit. It is unfortunate to see a spike in alcohol related accidents and public disorderly conduct. This spike is unwanted and is a problem that everyone in that city has to deal with regardless of their stance on the ordinance. An ordinance banning the advertising of alcoholic beverages geared toward people under the age of 21 within 15 miles of any school is definitely a good idea. Counterargument: However the passage of this ordinance is in direct defiance of the first Amendment of the U.S Constitution. While controlling alcohol billboards can benefit communities, activist seeking such controls should keep in mind several facts in mind: Prohibiting alcohol billboards will not necessarily improve the appearance of the community (Scenic). Also keep in mind that alcohol may not be the route of the problem but poor parenting.
Conclusion
The prohibition of alcohol billboards in any shape or form is unconstitutional. We can’t point the finger at the alcohol industry for all of our problems we face. I f change is what we need then we have got to change ourselves not billboards.
REFERNCE:
http://www.scenic.org/billboards-a-sign-control/tools-for-action/109-alcohol-advertising-on-billboards
Rodney Francis
Florida State College at Jacksonville
Business Law and Ethics
BUL 3130
September 6, 2014
Abstract The federal government has the power regulate the advertising of alcohol. This may also raise some question about the constitutional right of the government acting in such manner. Alcohol sold to underage drinkers is a problem but taking away a constitutional right from a company may not be the answer.
Analysis of the facts involved in this case clearly shows that the passage of this ordinance is indeed unconstitutional. This directly in defiance of the First Amendment of the U.S Constitution.
Areas and Principles of Law The first amendment of the United States Constitution guarantees freedoms concerning religion, expression, assembly, and the right to petition. It guarantees freedom of expression by prohibiting Congress from restricting thee press or the rights of individuals to speak freely. Restricting the Monkey Juice billboards have raised an important constitutional issue which our company will use in our effort to challenge the ordinance. Because prohibiting the billboards that advertise alcohol is directly regulating speech, then it is safe to say that is directly violate the right of free speech protected by the First Amendment to the U.S Constitution. …show more content…
Key Fact The city of Almond Grove has recently experienced an upsurge in teenage drinking leading to alcohol related accidents and public disorderly conduct.
In response, the city has passed an ordinance prohibiting billboard advertising of alcoholic beverages “designed to attract consumption by anyone under the age of 21” within 15 miles of any school. Compliance with this ordinance requires the distributors of Monkey Juice to abandon 80 per cent of its highly effective billboard
advertising.
Analysis
Argument: The City has the right to protect its citizens as it sees fit. It is unfortunate to see a spike in alcohol related accidents and public disorderly conduct. This spike is unwanted and is a problem that everyone in that city has to deal with regardless of their stance on the ordinance. An ordinance banning the advertising of alcoholic beverages geared toward people under the age of 21 within 15 miles of any school is definitely a good idea. Counterargument: However the passage of this ordinance is in direct defiance of the first Amendment of the U.S Constitution. While controlling alcohol billboards can benefit communities, activist seeking such controls should keep in mind several facts in mind: Prohibiting alcohol billboards will not necessarily improve the appearance of the community (Scenic). Also keep in mind that alcohol may not be the route of the problem but poor parenting.
Conclusion
The prohibition of alcohol billboards in any shape or form is unconstitutional. We can’t point the finger at the alcohol industry for all of our problems we face. I f change is what we need then we have got to change ourselves not billboards.
REFERNCE:
http://www.scenic.org/billboards-a-sign-control/tools-for-action/109-alcohol-advertising-on-billboards