Question

An employee of the United States Department of Labor was instructed by his superior to solicit subscriptions to the Department's bulletin on a door-to-door basis in the city in which he worked. While doing so, the employee was arrested for violation of a city ordinance that prohibited commercial solicitation of private residences.
What is the employee's best defense?

A Intergovernmental immunity.

B The First Amendment freedom of expression as it applies to the states through the Fourteenth Amendment.

C The Equal Protection Clause as it applies to the states through the Fourteenth Amendment.

D The city ordinance effectively restricts interstate commerce.

Answer 1

Answer:

A) Intergovernmental immunity.

Explanation:

This case is very similar to a Supreme Court case Breard v. Alexandria, 341 U.S. 622 (1951).

In that case, the appellant was a private company, and the Supreme Court ruled that the ordinance did not violate the Due Process Clause, the Commerce Clause or Freedom of Speech.

So the employee's only defense it to appeal to intergovernmental immunity. This doctrine prohibits state and local governments from interfering with federal actions.