Moot, Scoot & Boogie
Mootness means...
an issue is already resolved
The First Amendment Protects the freedoms of ...
Speech and religious expression
In order to have standing, you must be ___ ___ by the statute
personally affected (injured)
When a State court decides a matter on ____ & ____ state law grounds, then it is unreviewable by the Supreme Court
adequate & independent
If a case is NOT ripe, it is usually because...
the harm has not happened yet
In political speech, content neutral restrictions requires ____ scrutiny
Intermediate
In political speech, content-based restrictions requires ___ level of scrutiny
Strict
The types of unprotected speech (FIDO)
Fighting words
Incitements of violence
Defamation
Obscenity
After finding scientific studies which links certain cancers to the consumption of red meat, Congress passes a federal statute prohibiting all commercial advertising of red meat products. Cattle ranchers are challenging the statute for violation of their First Amendment right to freedom of speech.
Is the statute likely Constitutional?
(A) Yes, because it is the least restrictive means to serve a legitimate government interest
(B) Yes, because the Cattle Ranchers do not have a first amendment right to commercial speech and Congress has a right to regulate interstate commerce
(C) No, because the statute is more extensive than necessary to serve the government's interest
(D) No, because it does not serve a substantial government interest
(C) No, because the statute is more extensive than necessary to serve the government's interest
Restrictions on commercial speech must satisfy intermediate scrutiny, a close fit between the means and end is one level of requirement for that level of review.