Con Law Flashcards
In determining the procedures required under the Due Process Clause, the courts consider:
(i) importance of the individual’s interest that is involved,
(ii) value of specific procedural safeguards of the individual’s interest, AND
(iii) government’s interest in fiscal and administrative efficiency.
To pass First Amendment muster, a statute or ordinance that burdens speech based on its content generally must be:
Necessary to serve a compelling state interest.
How may the government may reasonably regulate speech-related conduct in public forums?
Through content‑neutral time, place, and manner regulation.
To be valid, government regulations on speech and assembly in public forums must be:
content neutral and narrowly tailored to serve an important government interest,
and must leave open alternative channels of communication.
Other than streets, sidewalks, parks, and designated public forums, most public property (including a court building and its grounds) is considered to be what type of forum?
A limited public forum or a nonpublic forum.
How may the government regulate speech in a limited public forum or non-public forum, such as a court building and its grounds?
To reserve the forum for its intended use through regulations which are:
(i) viewpoint neutral, and
(ii) reasonably related to a legitimate government purpose
(generally, reserving the forum for its intended use)
What commercial speech bay be burdened?
proposes unlawful activity
or
misleading or fraudulent
When commercial speech neither proposes unlawful activity nor is misleading or fraudulent, when will its regulation be upheld?
substantial government interest directly advances the interest narrowly tailored (NOT same as least restrictive means!)
If a statute gives a municipality official authority to approve licensing for public speech, what is the impact?
The statute is void on its face, and speakers need not even apply for a permit.
What does the Eleventh Amendment generally bar?
A federal court may not hear a private party’s or a foreign government’s claims against a state government.
To establish a racial, national origin, or ethnicity classification, the party challenging the law must show:
(i) the racial classification appears in the law itself (facial discrimination),
(ii) the law was applied in a purposefully discriminatory manner, or
(iii) the law was enacted or maintained for a discriminatory purpose.
Legislative authority for spending extends to:
general welfare
Name and differentiate the two privilege and immunities clauses
Art. IV: prevents states from discriminating against out-of-state citizens
14th Am: prevents states from infringing their own citizens’ rights
Does the Art. IV privileges and immunities clause extend to corporations or aliens?
No
Dormant commerce clause significance
Where the Commerce Clause is silent, states may legislate interstate commerce
Do the Equal Protection Clause and Due Process Clause restrict states or the federal government?
Only states; 5th Am. applies against the federal government
Delineate types of Due Process issues
Substantive: government limiting everyone’s liberties
Procedural: life, liberty, property
Due Process property interests
Continued education, welfare benefits, continued employment if under contract
Delineate types of speech restrictions and review standards
Content restrictions: SS (unless speech is commercial or unprotected–defamation, fighting words, obscenity)
Time/Place/Manner restrictions: public v. non-public forum
Scrutiny for public v. non-public forum speech restrictions
Public forum:
content neutral
narrowly tailored to imp. gov’t interest
alter. communication channels open
Non-public forum:
viewpoint neutral
reasonably related to legit gov’t interest
