1. Before bringing a lawsuit alleging violation of the constitutional right to free speech, what is one of the first things you must prove?
a. You must show that a state action was involved -- that is, that your rights were denied by a government activity, rather than a private entity's activity
b. You must show that you are a member of a protected class
c. You must show that there was a taking for public use without just compensation
d. You must show that you suffered actual damages as a result of the deprivation of your rights
2. Gunther owns a small bistro in Petoskey, Michigan. Gunther also holds a "bistro license," a type of business license that allows the bistro to sell certain types of alcoholic beverages. Particularly in the summer months when tourist season is full swing in Petoskey, the bistro makes a large percentage of its profits from the sale of alcoholic beverages.
In May 2012, the Petoskey City Council holds a closed-door meeting to discuss recent complaints that "some establishments" have been hurting the "historical feel" of the Petoskey downtown area by serving wines that were not made in Michigan. The Council decides to revoke the bistro license from Gunther's bistro, effective immediately.
If Gunther challenges this action (as he most certainly will), what is his best argument?
a. The City of Petoskey violated his procedural due process rights
b. The City of Petoskey's actions are preempted by federal law
c. The City of Petoskey violated his right to free commercial speech
d. The City of Petoskey violated his right to equal protection