1.After extensive rule-making hearings during which extensive evidence was taken regarding advertising and the level of competition among Certified Financial Planners (CFP), the Consumer Financial Protection Bureau (hereafter “CFPB”), which is part of the Dodd-Frank Act,passed a rule requiring that any advertisement of a CFP must contain the following content:No representation is made that the services offered are of any greater quality than those offered by any other Certified Financial Planner.
Assuming that the CFPB has the administrative authority to regulate Certified Financial Planners:
1. Is this type of requirement Constitutionally permissible?
2. Analyze and explain.
2.John Jones owns “Grinders” which is a “gentleman’s club” in Dothan, Alabama. Grinders employs a number of young women to dance for the patrons of the club. Most of the young women are students at Troy University (Dothan). They dance in order to make money to afford tuition for their educational pursuits. The club has a policy of no fraternization by the girls with the customers, but that is hard for Jones to control.A former dancer, who now lives in Pensacola, Florida contributed comments on Facebook to a series of comments and short articles about the human trafficking that was taking place along the Gulf Coast, especially in the Dothan area. She specifically wrote that Jones was deeply involved in human trafficking and that he has been involved in it for a number of years. She wrote that Jones arranges for “his girls” to make trips to Orlando and Miami to service customers of very high powered business people who deal with foreign businessmen, foreign politicians, and other powerful foreign individuals. Assume that Jones has never been involved in human trafficking, that the woman’s comments are defamatory per se, and that Jones has now contacted counsel to file an action for Libel against the female author of the comments and against Facebook. Jones wants to file in the United States District Court in the Middle District of Alabama (Montgomery). Dothan is in the Middle District of Alabama.Further assume that the author of the comments has no specific contacts with Alabama. She is no longer a resident, she owns no property here, she does not vote here. In short, she has no physical or economic contacts with Alabama.
1. Would the United States District Court for the Middle District of Alabama have personal jurisdiction over the author of the defamatory Facebook posting?
2. Would Jones be able to sue Facebook in that Court? Support your conclusions with analyses.
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At least two pages each