In the early 1970's the U.S. Supreme Court changed its position on constitutional protection of commercial speech such as advertising. Which of the following reflects the post-1970's position?
A) All commercial speech is protected under the First Amendment as long as it is truthful.
B) Commercial speech is protected, but not as much as noncommercial speech.
C) Commercial speech falls under strict scrutiny because it is not protected by the First Amendment.
D) As long as it is clear that the speech is commercial in nature, almost any commercial speech is allowed.
Question 2
The contact lens company, Here's Clear Eye, sold thousands of pairs of contact lenses in Kenya. The lenses were defective and resulted in severe eye infections, and in 156 cases, blindness. The purchasers of the lenses who bring suit in Kenya will be entitled to recover their purchase price, attorney fees and medical bills. Kenya does not permit recovery for pain and suffering nor for permanent injury. Several of the purchasers who are blind have brought suit in South Carolina, the home of Here's Clear Eye. South Carolina permits recovery for permanent injury as well as punitive damages. The average recovery in Kenya for the purchasers is 600. A lawyer for the purchasers from Columbia, South Carolina estimates the average verdict will be 600,000. Which of the following statements is true?
A) The Kenya purchasers may use the South Carolina courts because their remedies in Kenya are inadequate.
B) The South Carolina cases will be dismissed on the grounds of forum non conveniens.
C) The Kenya purchasers can recover only punitive damages in South Carolina.
D) The Kenya purchasers can recover only for permanent injuries in South Carolina.
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