Constitutional Law

Question 1

Defamation

Answer 1

General rule: if there is a defamatory statement published negligently about a plaintiff that is untrue,
and the defendant speaks with some level of fault, the plaintiff may seek damages.

malice must be shown for public figure. The plaintiff must show that the
defendant made the statement with knowledge of the statement’s falsity or with reckless disregard as to its truth or falsity

Question 2

What are the defenses to Defamation

Answer 2

Consent
truth
invocation of privilege

Question 3

Equal Protection

Answer 3

the levels of scrutiny
1) strict- gov. must prove narrowly tailored to achieve compelling interest
2) intermediate scrutiny- gov must show substantially related to an important gov interest
3) rational basis- P must prove it is not rationally related to a legitimate gov interest. (P ususally loses)

Question 4

powers of congress

Answer 4

1. Commerce Power - money commerce economic
2. dormant commerce clause- state law invalid if it discriminates against or unreasonably burdens interstate commerce ( strict scrutiny)
3. 11th amendment (sovereign immunity)

Question 5

11th amendment (sovereign immunity)

Answer 5

Rule: A private individual cannot sue a state for money damages or for injunctive relief in federal/another state court unless there is:
a) consent by the state (must be explicit), or
b) consent by Congress (e.g., Congress does away with Eleventh Amendment immunity).

Question 6

Free Speech

Answer 6

1st amend. is applicable to the states through the 14th amend. it includes written oral visual communication and activities ( picketing and leafletting)

Question 7

when can you sue under 1st, 4th or 15th amendment?

Answer 7

when there is state action.

Question 8

Content based free speech

Answer 8

triggers strict scrutiny

Question 9

Time, place and Manner Restrictions

Answer 9

a public forum is a place traditionally reserved for speech activities.

Question 10

Takings Clause

Answer 10

it is possible for a regulation to rise to the level of a taking, such as when a regulation results in a permanent physical occupation of property by the government or a 3rd party or a regulation results in a permanent total loss of the property’s economic value, w/o just compensation

Question 11

Takings Clause Exacting promises from a developer

Answer 11

do not violate the Takings Clause if;
1. essential nexus between legitimate state interests and the conditions imposed and it advance a legitimate state interest

2. a rough proportionality between the burden imposed by the conditions on property owner and the impact of the proposed development.

Question 12

regulation of interstate Commerce

Answer 12

Congress has the power to regulate the channels and instrumentalities of interstate commerce that has a substantial effect on interstate commerce.

Question 13

Dormant Commerce Clause

states attempt to regualte

Answer 13

two tests
- law is discriminatory?- strict scrutiny (must show it was necessary to serve a compelling government interest. with no reasonable alternative.)
- law burdens (both in and out of state people)?- likely constitutional (must show important state interest

market participant exception (it is allowed to favor its residents.)

Question 14

enforcement power of congress

Answer 14

it has the power to enforce thorugh the 13th, 14th, 15th amendment but it does not have the power to expand rights.

Question 15

how to start off freedom on speech essays.

Answer 15

the 1st amendment applies to the states thorugh the due process clause of the 14th amendment.