BLAW 3175 Lecture Notes - Lecture 14: Strict Scrutiny, Intermediate Scrutiny, Rational Basis Review
27 Apr 2018
School
Department
Course
Professor
Business Law 3175 Section 002
Professor DeAngelis
Lecture #14
- Bill of Rights
- Limits Federal Power
- Government cannot infringe on freedom of speech
- Private parties can limit laws
- Difference between liberty and rights
- Strict Scrutiny
- Be necessary to fulfill a compelling state interest and be no more extensive than
necessary to do so
- For most important issues
- Like political speech
- You can burn flags
- All political Speech
- Intermediate Scrutiny
- Directly advance a substantial governmental interest and be no more extensive
than necessary
- Commercial Speech
- Rational Basis
- For lesser rights
Document Summary
Government cannot infringe on freedom of speech. Be necessary to fulfill a compelling state interest and be no more extensive than necessary to do so. Directly advance a substantial governmental interest and be no more extensive than necessary. Have a reasonable relation to achievement of a legitimate government purpose. Almost everything the government does passes this test. The founders wanted to protect businesses from the smaller elite class. Did not want them to be overpowered by the numbers. Today the power is not in the majority. Example: the state makes it illegal for states to advertise their prices. 14th amendment states that the states government cannot infringe either. The government stated that they wanted to reduce drunk driving. The means they have chosen: to restrict advertisement of the cheapest liquor. Therefore, it is unconstitutional due to the method chosen. Government ban of a product falls under rational basis.
