Fact Pattern 4-1 You Own Priscilla's Pecans. You Employ Five People and Sell

question 37

Multiple Choice

Fact Pattern 4-1
You own Priscilla's Pecans. You employ five people and sell your pecan products in one town in Georgia. Your products are not sold in any other state.
The federal government imposes regulations on the pecan industry. The Georgia legislature issues its own safety laws that are stricter than the federal rules. Georgia also places a tax on pecan products made out-of-state because it fears those products will not be as safe as those produced in Georgia under the strict Georgia regulations.
The regulations raise the cost of doing business. To register your unhappiness with the Georgia regulations you attach a label to your products that alerts customers to the rules and expresses your view that the rules are unnecessary and too costly. You donate $10,000 to the campaign of Lucinda Snopes, a friend who is running for the legislature. She opposes the pecan law.
Buddy Reeves, the county attorney, reads the label criticizing the new safety regulations. He draws up a complaint against you and against Priscilla's for distributing inflammatory statements in commerce. He instructs the sheriff to seize your products in order to stop distribution of your statement, which the sheriff does. You contact attorney Travis Shifflett and ask him to represent you.
-Refer to Fact Pattern 4-1. Your attorney will rely on which case to argue that the labels are legal, protected speech and the regulation is unconstitutional:

• A) Wickard v. Filburn
• B) New York v. Burger
• C) Katzenbach v. McClung
• D) Consolidated Edison v. Public Service Comm. of New York
• E) Japan Line Ltd. v. County of Los Angeles

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Definitions:

Tapeworm

A parasitic flatworm, often ingested by humans or animals from infected food, leading to various health problems.

Staphylococcus Bacteria

A genus of gram-positive bacteria responsible for a variety of infections, including skin infections, pneumonia, and food poisoning.

Assist Digestion

To aid in the process of breaking down food into absorbable components, which can involve dietary changes, supplements, or medications.

Aseptic Technique

A set of specific practices and procedures performed under carefully controlled conditions with the goal of minimizing contamination by pathogens.