Business Law Cases

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4. Business & the Bill of Rights Brief:
Illinois One News, Inc. v. City of Marshall, Illinois, 477 F.3d 461 (7th Cir., 2007)
Facts:
The city of Marshall, Illinois enforced a rule that that establishments like an adult book and video store should not be located within 1,000 feet from a school, church, daycare center or park. 96% of the area was thus removed and so Illinois One News sued the city that its right of freedom of speech was violated.
Issue: Did the city have the right to form a regulation that would reduce the place available to such stores to just 96%?
Ruling: The district court ruled in favor of the city. When the appeal was made to the 7th Circuit, the decision was upheld.
Analysis:
Even though 96% of the land was eliminated in case of this rule, the city had the right to regulate such businesses to reduce the resultant effects of their operations of which local residents disapprove. The redeeming point is that the businesses could be located in the remaining 4% of the land and so the right to do business is not taken away. The zoning rule remains.
Minority Rationale(s): If the businesses were not allowed to be located even in the 4% of the remaining land, then the right to freedom of speech can be claimed to be violated.
Comments:
The rights guaranteed by the Bill of Rights can be curtailed by the city in favor of the opinion of the majority. However, the right cannot absolutely be taken away.

Questions:
1. What is the major difference between business speech and political speech?
The business speech promotes a product or a business objective, the political speech promotes a political cause or a political candidate.

2. Closely regulated industries are not afforded all Fourth Amendment guarantees against unreasonable search and seizure. Is this fair, or is it necessary to protect the greater good?
It is necessary that closely regulated industries should not be provided all Fourth Amendment guarantees against unreasonable search and seizure, because such search and seizures are required for the national security. For example, the arms and ammunition industry;

3. After briefing this case on Business and the Bill of Rights do you feel that the rights of the business were protected or violated? Defend your position.
In my opinion the rights of the business were protected, they could carry out the ...