constitutional standards

Question 1

intrastate activity

Answer 1

rational basis to conclude cumulative impact of the activity in the aggregate

Question 2

when can state discriminate against out of staters

Answer 2

1) it is necessary to achieve an important non economic state interest AND there are no reasonable alternatives available
2) congress approves the law OR
3) the state is a market participant

Question 3

law infringing on fundamental right

Answer 3

law must be necessary to meet a compelling gov interest and the least restrictive means

Question 4

content based speech regulation

Answer 4

law must be necessary to meet a compelling gov interest and the least restrictive means

Question 5

time place and manner restrictions on speech in public space or designated/limited public forum

Answer 5

the regulation is content neutral to subject matter and viewpoint neutral 2) is narrowly tailored to serve an important gov. interest and 3) leaves adequate alternative channels of communication

Question 6

commercial speech

Answer 6

law must be necessary to meet a compelling gov interest and restriction is no greater than necessary