Constitutional Law Flashcards
content-neutral regulation in a public forum
SINTAC
significant interest
narrowly tailored
alternative channels of communication available
content-neutral regulation in a nonpublic forum
viewpoint-neutral
reasonable, meaning rationally related to legitimate government interest
content-based regulation
strict scrutiny: narrowly tailored to a compelling government interest
symbolic speech
important government interest
not related to suppression of ideas
no more burdensome than necessary to achieve goal
commercial speech
SINTAD
substantial interest
narrowly tailored
directly advances interest
exaction
conditions on a permit constitute an exaction requiring just compensation unless
- essential nexus between interest and conditions and
- rough proportionality between burden and benefit
regulatory taking
requires just compensation on consideration of factors:
- impact on economic value
- interference with party’s expectations of profit and use
- character of regulation (public benefit, distribution of benefit)
per se taking
total physical invasion or total loss of economic value
dormant commerce clause
state cannot
- discriminate against out-of-state commerce UNLESS serves IMPORTANT state interest without ALTERNATIVE non-discriminatory means
- unduly burden interstate commerce UNLESS balance of burdens vs benefits is worth it
- regulate wholly out-of-state commerce
state action
- traditional, exclusive government function
- state entanglement
- state facilitation
fundamental rights
- vote
- interstate travel
- privacy
Eleventh Amendment immunity
- citizen can’t sue own state in federal court for money or injunction
- citizen can’t sue other state in federal or state court for money
- citizen can’t sue state official for violating state law for money
exceptions to 11A immunity
- Congress abrogates with power under Civil War Amendments
- state consents
- state official is sued and pays out of their own pocket rather than state treasury
