ConLaw

Question 1

Restrictions on Free Speech Subject to Intermediate Scrutiny

Answer 1

1. Zoning Laws on adult theatres/bookstores
2. Symbolic speech
3. Content neutral t/p/m restrictions
4. Nude Dancing

Question 2

1A Treatment of Commercial Speech

Answer 2

Commercial speech hovers between intermediate and strict scrutiny.

Rule: restrictions on commercial speech are constitutional if they serve an important government interest and are narrowly tailored to achieve that interest.

Question 3

Restrictions on 1A Rights of Press

Answer 3

Rule: Press has the right to publish information of public concern and this right may only be limited by narrowly tailored sanctions designed to further a state interest of the highest accord.

Question 4

SCOTUS Review of a State Court Decision

Answer 4

Rule: Scotus may review a state court decision if:

1. a final judgment was rendered,
2. the judgment comes from the state’s highest court,
3. a substantial question of federal law is raised, AND
4. the state court opinion does not rest on independent and adequate state law grounds.

Question 5

Third Party Standing: Sellers of Goods/Vendors

Answer 5

Rule: a seller or vendor may have third party standing to challenge a law that adversely affects their customers if there is a nexus between the seller’s business and the injury to the customers.

Question 6

Application of Contract Clause

Answer 6

The Contract Clause only prohibits state laws from retroactively invalidating existing contracts UNLESS the state can show that the law is grounded in an important government interest and is narrowly tailored to promote that interest.