con law Flashcards
(7 cards)
when do you have a 5A DP right to public employment
Public employees have a protected property right in their employment if they have an ongoing employment contract, can only be fired for cause, or receive assurances of continued employment.
std of review: Content-neutral restrictions that regulate the time, place, or manner of speech
intermediate scrutiny review.
- be narrowly tailored to serve
- a significant government interest and
- leave open alternative channels of communication.
std of review: speech in nonpublic forum
must be
(1) viewpoint-neutral and
(2) reasonably related to a legitimate governmental interest.
1A protection of expressive conduct as speech
The First Amendment protects freedom of speech. Protected speech can include written, oral, and visual communication, as well as expressive conduct such as picketing and leafleting. However, expressive conduct is subject to a lesser degree of protection. A governmental regulation of expressive conduct will be upheld if (i) the regulation is within the government’s power to enact, (ii) the regulation furthers an important governmental interest, (iii) the governmental interest is unrelated to the suppression of ideas, and (iv) the burden on speech is no greater than necessary (i.e., is narrowly tailored).
state taxing federal affiliates
States can tax the affiliates of the federal government unless
(1) Congress has granted the affiliate immunity,
(2) the tax is discriminatory, or
(3) the tax substantially interferes with the affiliate’s federal purpose or duties
std of review for zoning ordinances affecting the adult entertainment industry
these are content neutral, so strict scrutiny
must be
(1) narrowly tailored to serve a substantial gov interest
(2) must provide ample alternate avenues of communication
std of review for commercial speech that is not false or misleading
government regulation must
(1) directly advance a substantial government interest and
(2) be narrowly tailored to achieve that interest
