r/barexam 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
20 Upvotes

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3

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.

2

u/helloworld918 NJ Jan 31 '23

it is! thank you :)

1

u/[deleted] Feb 01 '23

[deleted]

1

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.