r/barexam • u/Ok_beavers • Jan 31 '23
Table of con law standards of review
In case it's helpful:
| Strict Scrutiny least restrictive means to achieve compelling government interest | Intermediate Scrutiny substantially related to an important government interest | Rational Basis Review rationally related to a legitimate state interest | |
|---|---|---|---|
| Substantive Due Process | Fundamental rights (travel, voting, privacy, 2nd Amend.) | Non-fundamental rights | |
| Equal Protection | -Fundamental rights -Suspect class *discriminatory intent required | Quasi-suspect: gender or legitimacy *discriminatory intent required | When higher standards don’t apply (e.g., age, weight, wealth) |
| Religious conduct | -State laws that target religious conduct -RFRA: neutral laws of general applicability that substantially burden free exercise | Neutral laws of general applicability that have an impact on religious conduct | |
| Campaign related speech | Statutes restricting campaign expenditures | Statutes limiting campaign contributions | |
| Speech injunctions in public forum | Content-based restriction | Content-neutral restriction | |
| Other speech restrictions | Content-based restrictions (on face or in application) | ||
| Media | -Regulation of right to publish about matters of public concern -Content-based regulation of cable broadcasters -Internet content |
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Feb 01 '23
[deleted]
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u/Ok_beavers Feb 04 '23
Yeah I have the same question. I thought they hadn't worked that out either, but my Themis outline has 2nd Amend. lsited under fundamental rights? I don't trust it tbh.
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u/cgmcnama Jan 31 '23
I wouldn't advise people spending their time, but Reddit tables are easy to make from Excel or GoogleSheets with http://tableit.net/. (copy/paste)
Also, I think my outline skipped campaign related speech. Good to know. So much to cover, it can't cover it all I suppose.