Discuss news pamphlet criticizing the governor


Problem:

A Michigan citizen publishes a news pamphlet criticizing the governor. State officials demand that he cease publishing his pamphlets. He refuses, claiming the 1st Amendment to the U.S. Constitution protects his rights in this case. Which of the following would likely happen if this case were brought before The Supreme Court of the United States? A) The citizen would win based on the Judicial Review Clause of the Constitution. C)The citizen would win through the precedent set by Marbury v. Madison. Michigan would win through the power of state rights as found in the Tenth Amendment. D)Michigan would win because state law typically trumps the First Amendment

 

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