Ohio Constitutional Law Flashcards
When may prior restraints on speech be permissible?
(1) There is a particular harm to be avoided, and (2) certain procedural safeguards are provided to the speaker, such as a prompt and final judicial determination on the validity of the restraint.
To what standard are prior restraints on the media held?
Prior restraints on the media must survive strict scrutiny.
What is strict scrutiny?
To survive strict scrutiny, the restriction must be the least restrictive means to achieve a compelling governmental interest.
What free speech rights does the press have?
The press has no greater 1st Amendment rights than the general public.
When is the media shielded from liability for publishing illegally obtained information?
(1) When the information involves a matter of public concern, and (2) the publisher neither obtained it unlawfully nor knows who did.
What is a regulatory taking?
To determine whether a regulation amounts to a taking, courts will look at (1) the economic impact of the regulation on the property owner; (2) the extent to which the regulation interferes with the owner’s reasonable, investment-backed expectations regarding use of the property; and (3) the character of the regulation, including the degree to which it will benefit society, how the regulation distributes the burdens and benefits among property owners, and whether the regulation violates any of the owner’s essential attributes of property ownership.
What types of property interests are protected by the Takings Clause?
Land and other real property, tangible personal property, and intangible property such as contract and patent rights and trade secrets.
What is the Takings Clause?
The takings clause provides that private property may not be taken for public use without just compensation.
What is Substantive Due Process?
The guarantee of substantive due process is based upon the idea that laws should be reasonable and not arbitrary, and must survive strict scrutiny, if infringing on a fundamental right, or rational basis review otherwise.
What is the Privileges and Immunities Clause?
Prohibits state discrimination against nonresidents, and protects the right to move freely among the states.
What affect does the Slaughterhouse Cases have on the Privileges and Immunities Clauses?
The rights that the clause provides are redundant to rights provided elsewhere in the Constitution, and thus must be vindicated through other portions of the constitution.
What is Impairment of Contracts?
States are prohibited from passing any law that retroactively impairs contractual rights.
What standard must impairment of private contracts survive?
Impairment of private contracts must be shown to have been reasonable and necessary to serve an important government interest.
What standard must impariment of public contracts survive?
Imapirment of a public contract must be shown to be reasonable and necessary to serve an important governmental interest, and that it cannot be served by a less-restrictive alternative, and that it is necessary because of unforeseeable circumstances.
