Constitutional Law

Question 1

First Amendment Prohibits the Restriction of the Content of Speech Unless:

Answer 1

• The government can prove that
• the restriction is necessary to achieve a compelling government interest
  
  • Can’t be overbroad (punishing substantial amount of protected speech compared to legitimate sweep) or it is facially invalid
  • Exception: Court has limited construction appropriately

Question 2

Fighting Words

Answer 2

• Intended to produce imminent lawless action
• Likely to produce such action

Question 3

Eleventh Amendment

Answer 3

• Prohibits most federal courts from hearing most private actions against state government
• Includes actions where state is named party or in which state will have to pay retroactive damages
• Congress can remove 11th Amendment immunity as to actions created under the Fourteenth Amendment
• Private parties can sue a state official for an injunction against unconstitutional action

Question 4

Dormant Commerce Clause

Answer 4

• State cannot discriminate against interstate commerce; or
• Unduly burden (burden outweighs legitimate local interest)

Question 5

Privileges and Immunities Clause

Answer 5

• 4th Amendment
• Prohibits discrimination against nonresidents
• Invalid unless - necessary to achieve and important government interest and no less restrictive means are available

Question 6

Privileges or Immunities Clause

Answer 6

• Fourteenth Amendment
• Prohibits states from denying their citizens the rights of national citizenship

Question 7

Commerce Clause (Discriminatory Test)

Answer 7

• Invalid unless:
  
  • Necessary to achieve an important, noneconomic state interest and
  • there are no reasonable nondiscriminatory alternatives

Question 8

Intermediate Scrutiny

Answer 8

• Substantially related to
• An important government purpose
  
  • Exceedingly persuasive justification

Question 9

Equal Protection: Private Action = State Action When…

Answer 9

• Private Actor is performing a traditional and exclusive state function; or
  
  • Not enough:
    
    • Licensing
    • Regulating
    • Police/Fire
• The state is significantly involved in the private action

Question 10

Public Forum Restrictions on Free Speech (Time, place, manner)

Answer 10

• Must be content neutral
• Narrowly tailored
• Important government interest
• Leaves open alternative channel of communication
• Content-based = strict scrutiny

Question 11

Designated Public Forum Test

Answer 11

• Content-based = strict scrutiny
• Content-neutral:
  
  • Narrowly tailored
  • Significant government interest
  • Alternative channel of communication

Question 12

Nonpublic Forum Speech Test

Answer 12

• Valid if:
  
  • Viewpoint neutral and
  • Reasonably related to a legitimate government purpose (not aimed at suppression of speech)

Question 13

Section 5 of the 14th Amendment

Answer 13

• Enabling Clause
• Congress may not expand existing constitutional rights or create new ones
• Congress may only enact law to prevent or remedy violations of rights already recognized
  
  • Must be proportional to solving the discriminatory problem

Question 14

Regulation is a Taking if

Answer 14

• Physical appropriation
• Denies owner all economic use,
• Unreasonably interferes with owner investment-backed expectation

Question 15

Forced Conveyance Allowed If

Answer 15

• Close nexus exists (condition relates to legitimate government interest)
• Proportionality exists (adverse impact of development proportional to owner’s loss from forced transfer of occupation rights)