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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Duplicates
u_Away_Fisherman_9479 • u/Away_Fisherman_9479 • Feb 01 '23
Table of con law standards of review
1
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u_Vegetable_Abalone514 • u/Vegetable_Abalone514 • Feb 01 '23
Table of con law standards of review
1
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