Federal is Equal to Religion when Speech is Privilege

Question 1

Federal

Answer 1

Federal Preemption Dormant

(1) Federal = enumerate, everything else reserved
(2) Preemption = states can only regulate where not preempted: impossibility, impediment, field occupied
(3) Dormant = No discrimination, not unduly burdensome: state’s interests vs. impact on interstate commerce: reg. substantially related; businesses, not citizens

Question 2

Equal

Answer 2

Equal Applied Intermediate

(1) Equal protection = 14th: similarly situated classes treated differently; suspect class = race, religion, national origin, sex (WA)
(2) As applied != facial discriminatory, but intent and discriminatory impact
(3) Intermediate != WA = sex, legitimacy

Question 3

Religion

Answer 3

Religion Establishment Gunwall

(1) Religion = 1st: free exercise, protection against establishment; belief = absolutely; regulation = conduct; strict!: facially neutral, !: generally applicable :
(2) Establishment != signal relationship b/n church, state; Lemon test: primarily secular, no excessive entanglement
(3) Gunwall = as applied: higher scrutiny for regulation + establishment

Question 4

Speech

Answer 4

Speech Content Prior

(1) Speech =1st: non-verbal intended to convey, unless unprotected: fighting words, commercially illegal, defamation, obscenity; press: individuals: same footing
(2) Content neutral = time, place, manner: strict for public; Content-specific: motive: strict: for political, commercial, non-obscene sexually explicit
(3) Prior restraint = permit: presumptively, unless protected, important: military, not vague, overbroad, R. Notice, prompt judicial review

Question 5

Privilege

Answer 5

Privilege Takings Ex post

(1) Privilege and Immunities != discriminate against citizens of other state; Regulate: only if R. nexus b/n law + problem caused by non-resident + no solution less discriminatory; Higher state tuition grounds
(2) Takings = no taking of property for public use w/o just compensation: eminent domain, inverse condemnation: FMV, dimunition
(3) Ex post = after act occurred!: retroactive make criminal, increase sentence, decrease burden to convict !: mere procedural changes