essay Paper Flashcards
Mootness
Exception
1) Wrong Capable of Repetition
2) Voluntary cessation
3) Class Action Suit
Symbolic Speech
Conduct is speech:
1) There is the intent to convey a specific message, and
2) There is a substantial likelihood that the message will be understood by those receiving it.
Non-Speech Element: Intermediate Scrutiny
1) Important interest unrelated to the suppression of the message
2) If the impact on communication is no more than necessary to advice government purpose.
Speech Element:
1) The regulation is necessary to serve a compelling state interest
2) is it narrowly tailored to achieve it’s end
Prior Restraint
A prior restraint is a judicial order or an admin system that stops speech before it occurs.
* they are disfavored and need to meet strict scrutiny
Strict Scrutiny
- Statute must be necessary to achieve a compelling state interest.
- the statute must be narrowly tailored to achieve the purported goals and leave open alternative channels or methods of communication.
Commercial Speech
Commercial Speech that is false, deceptive or inherently risk deception may be prohibited.
* Other forms of commercial speech are subject to intermediate scrutiny.
Intermediate Scrutiny:
* To establish that the law was SUBSTANTIALLY related to and IMPORTANT state purpose.
Essay
Privileges and Immunity
which prevents a state from discriminate against out of staters with regard to civil liberties or the ability to earn a livelihood.
- unless necessary to achieve an important government interest
Essay
Dormant Commerce Clause
Discriminate on out of state
Which provides that state laws which place an undue burden on interstate commerce are unconstitutional.
* the proper analysis will depend on whether the law discriminates against out-of-staters or treats in staters and out of staters alike.
Law discriminates on Out of State:
- Violates DCC unless:
- it is necessary to achieve an IMPORTANT government interest.
