Con Law

Question 1

Two clauses Congress can regulate private actors?

Answer 1

Commerce Clause & 13th amendment

Question 2

Agency ratification

Answer 2

(i) the principal must ratify the entire contract; (ii) the principal and the third party must have legal capacity to enter into the contract; (iii) the ratification must occur before the third party withdraws from the contract; and (iv) the principal must know the material facts of the transaction

Question 3

Content based speech reg

Answer 3

narrowly tailored to a necessary govt interest (SS)

Question 4

Expression conduct reg

Answer 4

1) important interest and (2) interest is unrelated to the suppression of expression and (3) burden is no greater than necessary

Question 5

time place manner

Answer 5

(1) content neutral; (2) alternative channels of communication are open; (3) narrowly tailored to serve a significant state interest

public forum

Question 6

nonpublic forum reg

Answer 6

any reaosnable regulation
no viewpoint discrimination

Question 7

obscenity reg

Answer 7

• Sexy – must be erotic and appeal to prurient interest (community)
• Society sick – patently offensive to average person (nation)
• Standard – must be defined by proper standards for what is obscene
• Serious value – lack serious value (nation)

Question 8

defamation with public officials

Answer 8

knowing falsity or reckless falsity +all elements

Question 9

defamation with public matter and private person

Answer 9

negligence to the truth

Question 10

defamation of private person

Answer 10

maybe negligence

Question 11

commercial speech

Answer 11

no protection of false misleading or illegal ads
* Intermediate scrutiny: directly advances substantial interest, and narrowly tailored (reasonable fit)

Question 12

government speech

Answer 12

1A does not apply to govt

Question 13

establishment test

Answer 13

b) “long standing practice” test  if validated by history it will likely be upheld
c) Neutral aid to religious institutions is okay
(i) Parents can make decisions
d) Cannot endorse one religion over another OR coerce endorsement of religion

Question 14

state sovereign immunity

Answer 14

a federal court cannot hear an action by a private citizen or a foreign country against a state government; local (municipal) governments are not protected

Question 15

DCC v PI

Answer 15

DCC is ind or corps
PI is individuals

Question 16

state action

Answer 16

private conduct will not trigger constitutional guarantees (except the Thirteenth Amendment’s prohibition of slavery); this includes actions by federal as well as local governments
EXCEPTIONS
1. Traditional government function performed by private persons

2. Significant state involvement with private conduct, such that the government is pervasively entwined with the private party’s conduct (e.g., facilitating private discrimination)

Question 17

EPC SS

Answer 17

fundamental right or suspect classification

Question 18

standing

Answer 18

(i) Injury – concrete, particularized, not ideological or abstract
* Org has standing if members have standing
* Past or imminent
(ii) Causation – traceable conduct
(iii) Redressability – remedy or redress injury
* Past – damages
* Future – injunction