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65. Is the man likely to prevail?
The man sued the company, alleging only a violation of his federal constitutional right to freedom of expression.
A privately owned insurance company operating within the state advertised that it wanted to hire a new data processor. After reviewing applications for that position, the company hired a woman who appeared to be well qualified. The company refused to consider the application of a man who was better qualified than the woman, because he was known to have radical political views.
A state law imposed substantial regulations on insurance companies operating within the state with respect to their rates, cash reserves, and financial practices.
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A is incorrect. The First Amendment applies to discretionary decisions of governments and government officials. As stated above, the man is unlikely to prevail, but it is because the First and Fourteenth Amendments generally apply only to the actions of governments and government officials, not actions of privately-owned companies.
C is incorrect. The question of whether the First and Fourteenth Amendments apply to the actions of a privately-owned company does not turn on whether the company is affected with a public interest.
D is incorrect. The fact that the company is substantially regulated by the state does not make the company's actions subject to the First and Fourteenth Amendments.