Constitutional Law

Question 1

Content-Based Speech Regulation

Answer 1

Presumptively unconstitutional (strict scrutiny) to place burdens on speech because of its content aside from unprotected categories: FIDO

Question 2

FIDO Unprotected Speech

Answer 2

Fighting words; Incitement; Defamation; Obscenity

Question 3

Content Neutral Speech

Answer 3

Subject to intermediate scrutiny.

(1) Advance important interests unrelated to suppression of speech; and
(2) Not burden substantially more speech than necessary to further interests (narrowly tailored)

Question 4

Conduct Based Regulations

Answer 4

Conduct related to speech can be regulated by content-neutral time, place, and manner restrictions. Scrutiny depends on the forum.

Question 5

Public Forums

Answer 5

-Public property traditionally used for speech-related activities; and
-Designated forums that were made open for such activities.

Question 6

Public Forum Regulations

Answer 6

(1) Content neutral (viewpoint and subject matter), (2) Narrowly tailored to serve significant gov. interest, and (3) Leave open alternative channels of communication.

Question 7

Limited Forum

Answer 7

Gov. property not linked with speech and assembly but was opened for specific speech activity.

Question 8

Nonpublic Forum

Answer 8

Not historically linked to speech activities and not opened for such activity.

Question 9

Limited and Nonpublic Regulations

Answer 9

(1) Viewpoint neutral; and
(2) Reasonably related to legitimate gov. purpose.

Question 10

Exaction

Answer 10

A local government may exact promises from a developer in exchange for a construction permit.

Essential nexus: Promise related to interest.
Rough proportionality: determine if promise carried out by interest - cannot be speculative.

Question 11

Privileges and Immunities

Answer 11

Prohibits one state from discriminating against the citizens of another state (not corporations or non-citizens). Fundamental rights or essential activities. *Look for economic discrimination.

Must show substantial reason and substantial relationship.

Question 12

P&I Substantial Reason

Answer 12

Exists if:
1: out-of-state citizens either cause or are part of the problem that the state is attempting to solve; and
2: no less restrictive ways to solve it.

Question 13

Dormant Commerce Clause

Answer 13

In the absence of federal regulation, states may regulate intrastate commerce under DCC. Cannot discriminate against out-of-state commerce, cannot unduly burden interstate commerce, and cannot regulate wholly out-of-state activity.

Question 14

DCC Discrimination

Answer 14

Protects state interests at the expense of out-of-state competitors.

Regulation must (1) serve an important local interest and (2) there are no other non-discriminatory means to achieve that interest.

Question 15

DCC Undue Burden

Answer 15

Weigh effects on interstate commerce against state interest protected and whether there are less restrictive means.

Question 16

Eminent Domain

Answer 16

The power of the gov. to take private property for a public purpose. Takings Clause of Fifth Amendment acts as a check on this power. It provides that:

Private property may be taken for public use, with just compensation.

Can be physical or regulatory taking.

Question 17

Regulatory Taking

Answer 17

Consider (1) economic impact of regulation on owner, (2) the extent it interferes with owner’s reasonable investment backed expectations, and (3) the character of the regulation (benefit to society, how regulation distributes benefit/burden among owners, and if it violates owner’s essential attributes of ownership).

Question 18

Per se Taking

Answer 18

-Permanent physical occupation (does not occur where owner is require to place something on land) OR
-Permanent total loss of property’s economic value.

Question 19

Procedural Due Process

Answer 19

(1) Important of right affected;
(2) The value of specific procedural safeguards to that interest;
(3) government’s interest in fiscal and administrative efficiency.