Con Law

Question 1

What is the proper test to determine whether Time, place, manner, restrictions in a public forum are valid?

Answer 1

(1) the regulation is content neutral; and (2) government shows it is narrowly tailored to achieve an important state interest

Question 2

The Privileges and Immunities Clause prohibits…

Answer 2

a state from discriminating against non-state residents unless it can show a substantial interest justifying the classification

Question 3

Does the first amendment protect commercial speech?

Answer 3

Yes unless it is misleading/ false

Question 4

A regulation on commercial speech is invalid unless:

Answer 4

(1) the regulation serves a substantial government interest; (2) directly advances the interest; and (3) Is narrowly tailored to serve the interest

Question 5

When does the right to public employment exist?

Answer 5

(1) there is a contract in place; OR (2) practice or policy that the employee may only be terminated for cause

Question 6

What does the 15th Amendment provide?

Answer 6

prohibits any government from denying the right to vote based on race/ color

Question 7

The privileges and immunities clause:

Answer 7

prohibits states from discriminating against out of state residents

Question 8

What is the test to determine validity under the Privileges and Immunities clause?

Answer 8

a state law that burdens an important commercial activity or fundamental right (I.e. right to vote) is invalid UNLESS the law is necessary to achieve and important government purpose AND no less restrictive means

Question 9

When may a state affect interstate commerce?

Answer 9

if it is an incidental consequence of the state’s exercise of its police power

Question 10

Forced inclusion of an unwanted person in a group or organization…

Answer 10

violates the organizations First Amendment freedom of association if inclusion would significantly affect the organization’s viewpoints