Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
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
|
