Constitutional law Flashcards
Content- Based regulation
Is subject to strict scrutiny, Under the strict scrutiny standard, the government must show that the law is necessary to achieve a compelling government interest and that is narrowly tailored. (VERY LITTLE over or under inclusiveness allowed)
Content Neutral Regulation
Subject to intermediate scrutiny. Under immediate scrutiny standard the government must show that the law furthers a substantial, important government interest and leaves alternative channels of communication. (LESS over inclusive or under inclusive would achieve less effectively)
Regulatory Taking
The government passes a significant regulations that interfere with the economic value of the owner. When a regulation deprives all economically viable use from the owner, the government must justly compensate the owner.
Seizing a property for public purpose.
The government has a low standard for showing it intends to use the land for public benefit. The court will ask whether or not the taking is rationally related to a conceivable public interest.