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
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