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20 Cards in this Set

  • Front
  • Back
Discrimination against out of staters with respect to their ability to earn a livelihood
Substantially related to an important governmental interest
State or local interference with private contracts
Reasonably and narrowly tailored means of promoting an important and legitimate government interest?
Prior restraints
strict scrutiny
Content-based restrictions on speech
strict scrutiny
Content-neutral restrictions on speech
intermediate scrutiny
Licensing systems for speech
Important reason for licensing, clear criteria with no discretion, procedural safeguards such as judicial review
Regulation of symbolic speech
government has important interest unrelated to suppression of the message; and impact on communication is no greater than necessary to achieve govt's purpose.
Regulation of commercial speech
Provided it is truthful and does not inherently deceptive, may only be regulated if directly related to an important interest; must be narrowly-tailored.

Does not need to be least restrictive alternative
Regulation of speech in public forum
Subject matter and viewpoint neutral, and meets intermediate scrutiny

OR strict scrutiny must be met
Regulation of speech in nonpublic forum
reasonable and viewpoint neutral
Takings clause
Is there a taking?
For public use?
Just compensation paid?

(no levels of scrutiny)
State or local interference with government contracts?
strict scrutiny
Right to privacy
strict scrutiny unless abortion
Right to abortion
Prior to viability, states may not prohibit abortions, but may regulate abortions so long as they do not create undue burden on the ability to obtain abortions. After viability states may prohibit abortions unless necessary to protect the woman's life or health.
Equal protection
rational basis unless suspect classification (e.g. race, gender, alienage) or burdens fundamental right (e.g. right to vote, right to travel)
Age discrimination
rational basis
wealth discrimination
rational basis
Discrimination against non-marital children
intermediate scrutiny (but they always fail)
Alienage classifications
generally, strict scrutiny. BUT
intermediate scrutiny for discrimination against alien children; rational basis for those classifications concerning self-government and the democratic process (voting, serving on jury)
Racial classifications
strict, even if benefiting minorities