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Question
Greenmail's customers were receiving unsolicited electronic mails from Definition Mail. Greenmail blocked these mails and sent them back to Definition Mail. Due to such bulk mails coming in, Definition's clients terminated their contracts with it. Definition sued Greenmail for violating its First Amendment rights. Will the court uphold this case?
A. No, as the First Amendment does not deal with constitutional rights.
B. Yes, as the First Amendment rights have been violated by Greenmail.
C. No, since Greenmail is a private company and did not owe any constitutional rights to Definition.
D. Yes, because constitutional rights can be violated by individuals as well as the state.
Answer
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Related questions
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B. allows only the U.S. attorney general to sue for injunctive relief or the seizure of products to enforce various provisions of the act.
C. permits any private party to sue for an injunction to enforce any CPSC rule or order, if, at the time of the suit, the commission or the attorney general has begun an action based on the alleged violation.
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A. alters statutes of limitations or other state-created limitations on the consumer's enforcement of claims and defenses.
B. states that all defenses available to the purchaser against the seller can also be available against the holder in due course.
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D. creates a warranty claim or defense where the product is sold "as is."
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