Constitutional law Flashcards

1
Q

Content- Based regulation

A

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)

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2
Q

Content Neutral Regulation

A

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)

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3
Q

Regulatory Taking

A

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.

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4
Q

Seizing a property for public purpose.

A

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.

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