Paper

Question 1

2 Types of Dormant Commerce Clause

Answer 1

1) Treats out of staters different

2) Treats out of staters alike and burden interstate commerce

Question 2

2 Types of Dormant Commerce Clause

1) Treats out of staters different

Answer 2

The law that discriminates against out of staters violates DCC if it burdens interstate commerce

Unless:
* NECESSARY to achieve an IMPORTANT purpose.

Question 3

2 Types of Dormant Commerce Clause

Treats out of staters alike and burden interstate commerce

Answer 3

If the benefit exceeds the burden, then law is upheld.

• Legitimate Local Benefit

Question 4

Public Forum

When can government Regulate

Answer 4

1) Regulation must be content-neutral

2) The regulation must be reasonable time, place, and manner that
a) serves a important government interest
b) Leaves open adequate alternative place for speech

3) Narrowly tailored= Not least restrictive means
4) Lic or permit system for use of public forum Must:

Question 5

Limited Public Forum

When can government regulate?

Answer 5

1) Properly drawn time, place, manner restriction

2) Content based restriction = Strict Scrutiny

Question 6

Content Based

Strict Scrutiny upheld if:

Answer 6

1) The regulation is NECESSARY to serve a COMPELLING state interest, and
2) it is NARROWLY tailored to achieve that end.

Question 7

Commercial Speech

Government Regulation on Commercial Speech

Answer 7

1) Is the ad truthful not misleading, and for lawful activities?
2) does the government have substantial reason for Regulation?
3) Does the law directly advance government interest?
4) Is it narrowly tailored to achieve the government interest?

Question 8

Ripeness

Answer 8

Immediate threat of harm

* Court will only hear if already harm or immdiate threat of harm.