Surprise
Content Neutral Restrictions are subject to ?
Intermediate scrutiny
Content Based Restrictions are subject to?
Strict scrutiny
Who has the burden in Rational Basis?
Plaintiff
Who has the burden under strict scrutiny?
Govt
Who has the burden under intermediate scrutiny?
Govt
Federal Regulations subject to what level of review?
Rational Basis
state regulations are typically subject to what level of review?
Strict Scrutiny
What are fundamental rights?
Marriage, privacy, procreation, voting
economic rights (licensing, transportation)
students have right to symbolic speech so long as...
no educational disruption occurs
Does Intermediate Scrutiny require narrow tailoring?
No - just that it is substantially related to the govt purpose
Does Rational Basis Require Narrow tailoring?
No - just that it be rationally related
What is a content neutral restriction?
A restriction that does not restrict the subject matter, rather restricts time, place, or manner.
what is a content based restriction?
A restriction that restricts the basis of the speech.
Why is flag burning protected under the 1st Amendment ?
Because it is considered symbolic speech
State A passed a zoning ordinance saying that no one can reside in an industrial zone. Which level of scrutiny applies?
Rational basis because it is a residential v. industrial issue - no fundamental rights infringed on.
When would a 1st amendment issue be reviewed under rational basis?
What are the clauses to the 1st Amendment?
*Freedom of speech
* Freedom of Religion
* Freedom of press
* Freedom of assembly
* Freedom of association
Imminency requirement for incitement of lawless action.
A city passes a law saying only people over the age of 21 can get a business license to open a bar.
Age is not a suspect classification (unlike race or national origin), so laws that classify based on age just need to be rationally related to a legitimate government interest (like regulating alcohol safety).
State A passed a zoning ordinance limiting the location of adult stores to commercial zones for the purpose of preventing crime and to stop property values from reducing. What level of review would this be subject to?
Intermediate Scrutiny
Difference between a (1) compelling government interest and (2) substantial government purpose?
(1) really important reason
(2) an important but not as urgent reason
what amendment is the takings clause under?
5th amendment
when is alienage reviewed under rational basis?
when it involves the democratic process
(A state law that restricts non-citizens from serving as police officers would only be reviewed under rational basis, not strict scrutiny.)
That the film has proven artistic merit.