con law

Question 1

two tests for state regulation of interstate commerce

Answer 1

discriminatory on its face: invalid unless state can show it was necessary to serve a compelling state interest, and there is no reasonable non-discriminatory alternative

non-discrim on face: valid if it serves an important state interest and does not impose an unreasonable burden on interstate commerce

Exception - market participant doctrine

Question 2

Strict scrutiny

Answer 2

Gov must prove it is necessary and narrowly tailored to achieve a compelling interest

applies to fundamental rights, racial or ethnic discirim, or alienage

*alienage - rational basis if done by federal government or state government can show political function exception- on a field closely related to the democratic process of self-government

Question 3

1A reg must pass strict scrutiny if:

Answer 3

gov is engaging in content-based discrim, or viewpoint based discrim

Question 4

symbolic speech

Answer 4

Intermediate scrutiny - narrowly tailored to an important gov interest unrelated to suppression of free speech

Question 5

Central hudson test for commercial speech

Answer 5

1. speech must be lawful and not misleading, 2 statute must serve a substantial gov interest, 3. must directly advance that interest, 4. must be narrowly tailored

Question 6

time place manner restrictions

Answer 6

content neutral, narrowly tailored, and serve an important gov interest with alternative channels of communication

Question 7

non-public forum restrictions

Answer 7

viewpoint neutral and reasonably related to a legit gov interest