Business Law
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1. To what extent should "Speech" over the Internet be regulated? Should the Internet be treated like television, or should different standards apply? Or is the Internet more like print media such as books or newspapers? How does Business 'speech' differ from an individuals 'speech'? Give reasons for your positions.
2.Bob is at the Findlay Cardio Athletic Club Center riding an exercise bike. Bob wants to change the channel on the television that is mounted high on a nearby wall. He reaches for the remote control device and finds that another member has accidentally taken the remote control and left behind a cellular phone. Bob drags the exercise bike over to the television. He stands on the seat of the exercise bike in order to reach the television, but the seat post breaks and Bob falls to the floor. Bob is injured and cannot control his temper. He puts his entire 150 pounds into destroying the bike and throws it across the room against the wall, breaking off several pieces, with the handlebars landing on the running track. Half an hour later, another patron, Randy, trips over the handlebars as he is running on the track and is injured. Randy and Bob both sue the manufacturer and the health club under products liability for their injuries. Discuss their cases
3.John and Jill were on a camping vacation in Ohio. They had reservations for themselves and their car on a ferry from Port Clinton to Put-In-Bay. Because they had their two mountain bikes mounted upright on a roof rack on their car, they had to use a special line including motor homes, vans, and other high vehicles. Upon loading onto the ferry, all of these high-profile vehicles used the rightmost of the three parallel lanes on the auto deck of the ferry. When the drivers returned to their cars upon reaching Put-In-Bay, they were directed off the ferry by ferry employees. The driver of the motor home immediately in front of their car had not returned by the time all of the cars from other lanes had exited. After waiting for another 10 minutes, one of the ferry employees motioned John and Jill to turn to the center lane rather than wait for the motor home to move. John and Jill followed the employee's hand signals, but unfortunately their bikes struck a low clearance pipe and the frames of both bikes were destroyed. Discuss the issues and outcome of their lawsuit against the ferry company.
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1. To what extent should "Speech" over the Internet be regulated? Should the Internet be treated like television, or should different standards apply? Or is the Internet more like print media such as books or newspapers? How does Business 'speech' differ from an individuals 'speech'? Give reasons for your positions.
Speech over the internet should not be regulated. In 1996 Reno v. ACLU, the court disallowed the government from outlawing indecent online communication. The same protection given to books, magazines, films and word of mouth should be given to the internet. In a more recent case, the American Civil Liberties Union v. Ashcroft in 2002, the US Supreme court again ruled that limitations on the internet violated the First Amendment. From the legal perspective Internet has been treated more like print media such a books and newspapers.
Internet is not and should not be treated as television. From the legal perspective, the Federal Communications Commission regulates television and prohibits the airing of "indecent" material over the air from 6 a.m. and 10 p.m. The broadcasters are allowed to air mostly whatever they feel like at night. In other words Internet is treated similar to news papers and books and is not treated like television.
Business speech is treated differently from individual speech. What was originally protected by the constitution was individual speech. What the constitution had considered originally was political speech and its potential for bringing benefits to the society. Individual free speech was protected by the First Amendment, protecting freedom of speech. The Founders that drafted the First Amendment had political speech in mind. Business speech first received support in 1886, when Supreme Court ruled that a corporation was a "person" in accordance with the Fourteenth Amendment and that business entities are also entitled to the First Amendment protection. The courts have since then provided more protection to business communication making it similar to individual communication from the legal perspective but the essential ...
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