• Constitutional Speech (Personal and Corporate) * (personal); afforded highest protection by the Courts.
Balance must be struck between a government’s obligation to protect its citizens versus a citizen’s right to speech. In other words, if government suppresses speech it must be to protect the citizens. EX. Don’t yell fire in a crowded area. See below. * If restriction is content neutral, restrictions must target some societal problem – not to primarily suppress the message.

(Corporate);
-Political speech by corporations is protected by the First Amendment.
-In Citizens United v. Federal Election Commission (2010) the Supreme Court ruled that corporations can spend freely to support or oppose candidates for President and Congress.

• Commercial Speech
-Courts give substantial protection to commercial speech (advertising).
-Restrictions must: Implement substantial government interest; directly advance that interest; and go no further than necessary. EX. Bad Frog Brewery, Inc. v. New York Liquor Authority= their logo of the frog flipping people off was denied so the company sued and won because their logo is only put in bars, alcohol sections in stores, etc.

• Due Process (procedural and substantive); Fifth and Fourteenth Amendments provide “no person shall be deprived of life, liberty or property without due process of law.”;

(Procedural)
-Procedures depriving an individual of her rights must be fair and equitable.
-Constitution requires adequate notice and a fair and impartial hearing before a disinterested magistrate.

(Substantive) -Focuses on content or substance of legislation.
-Laws limiting fundamental rights (speech, privacy, religion) must have a “compelling state interest.”
-Laws limiting non-fundamental rights require a “rational basis.”

• Supremacy Clause; The requirement in Article VI of the U.S. Constitution that provides that the Constitution, laws, and treaties of the United States are "the supreme Law of the Land." Under this clause, state and local laws that directly conflict with federal law will be rendered invalid.

• Commerce Clause; Power to regulate interstate commerce defined in Gibbons v. Ogden (1824): activities that “substantially affect interstate commerce.”
-In 1942, Supreme Court expanded commerce clause to purely interstate businesses (Wickard v. Fillburn).
-In 1964, Supreme Court prohibited racial discrimination in interstate commerce (Heart of Atlanta Motel v. U.S.).

• Full Faith and Credit Clause: (Art. IV §1). * Applies only to civil matters. * Ensures that any judicial decision with respect to such property rights will be honored and enforced in all states.

• Equal Protection Clause: This clause mandates that the state governments must treat similarly situated individuals in a similar manner. 1.) Strict Scrutiny Test.
-Laws that affect fundamental rights of similarly situated individuals differently are subject to the “strict scrutiny” test.
-Any “suspect class” (race, national origin) must serve a “compelling state interest” which includes remedying past discrimination. * 2.) Intermediate Scrutiny.
-Applied to laws involving gender or legitimacy.
-To be constitutional laws must be substantially related to important government objectives.(EXAMPLE: Illegitimate teenage pregnancy).
3.) “Rational Basis” Test.
-Applied to matters of economic or social welfare.
-Laws will be constitutional if there is a rational basis relating to legitimate government interest.

• Exclusionary Clause/Fruit of the Poisonous Tree
Exclusionary Clause: In criminal procedure, a rule under which any evidence that is obtained in violation of the accused's rights guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution, as well as any evidence derived from illegally obtained evidence, will not be admissible in court.EX. Herring v. U.S.; evidence IS admissible when seized based on mistaken belief of police. So, if the police mistakenly seized evidence then it IS admissible in court.
Fruit of the Poisonous Tree-think of a tree, if the tree is poisonous, then the apples that the tree drops are poisonous too. So if evidence obtained in violation of due process is brought, then any evidence that comes from the initial evidence is not admissible either.

* • Cyber Crimes: Any act directed against computers or that uses computers as an instrumentality of a crime. * -Cyber Fraud: fraud committed over the internet (e.g., Nigerian letter scam). * Online Auction Fraud.

Cyber Theft:
-Identity Theft.
-Phishing.
-vishing.
-Employment Fraud.
-Credit-Card Crime on the Web * Prosecution of Cyber Crime. * “Location” of crime is an issue. * Jurisdiction of courts is an issue. * Computer Fraud and Abuse Act. * Person is liable if he accesses a computer online, without authority, to obtain classified, private, or protected information.

* • Criminal Penalties; To be convicted of a crime, a person must:
-Commit a guilty act (actus reus).
-Have the guilty mind (mens rea) during commission of the guilty act. * State of Mind.
-Required intent (or mental state) is indicated in the applicable statute or law.
-Criminal Negligence or Recklessness (unjustified, substantial and foreseeable risk that results in harm).
-Violent Crime. * Murder, sexual assault, rape, robbery.
-Property Crime. * Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery.

• Criminal Defenses
-Self-Defense of People and Property can use deadly force if reasonable belief of imminent death or serious injury; cannot use deadly force to protect property alone
-Necessity: criminal act necessary to prevent greater harm.
-Insanity. Person who suffers from mental illness may be incapable of the state of mind required for the crime.
-Mistake: of fact may excuse crime.
-Duress: wrongful threat induces another to perform a criminal act.
-Statute of Limitations: state must initiate criminal proceedings within statutory period of time (except for murder).
-Immunity: government grants immunity from prosecution in exchange for assistance.

• White Collar Crimes; * Occur in a business context using non-violent means to obtain personal or business advantage.
-Embezzlement.
-CASE 7.1 People v. Sisuphan (2010). Is the intent to return stolen property a defense? * Crimes occurring in the business context (continued):
-Mail and Wire Fraud (federal).
-Bribery.
-Bankruptcy Fraud (federal).
-Insider Trading (federal).
-Theft of Intellectual Property.