essay Paper

Question 1

Mootness

Exception

Answer 1

1) Wrong Capable of Repetition
2) Voluntary cessation
3) Class Action Suit

Question 2

Symbolic Speech

Answer 2

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

Question 3

Prior Restraint

Answer 3

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.

Question 4

Commercial Speech

Answer 4

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.

Question 5

Essay

Privileges and Immunity

Answer 5

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

Question 6

Essay

Dormant Commerce Clause
Discriminate on out of state

Answer 6

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.