OH Bar Constitutional Law Flashcards

Under the First Amendment, what is the primary test applied to content-neutral restrictions on speech in a public forum?

Answer: Intermediate scrutiny (time, place, manner)

Content-neutral regulations of speech in public forums are subject to intermediate scrutiny, requiring the regulation to be narrowly tailored to serve a significant government interest and leave open alternative channels of communication.

Which clause of the Fourteenth Amendment prohibits states from denying any person equal protection of the laws?

Answer: Equal Protection Clause

The Equal Protection Clause of the Fourteenth Amendment forbids states from denying any person within their jurisdiction the equal protection of the laws.

Under dormant Commerce Clause doctrine, a state law that facially discriminates against interstate commerce is subject to what level of scrutiny?

Answer: Strict scrutiny / near-per-se invalidity

Facially discriminatory state laws that burden interstate commerce are virtually per se invalid unless the state can show no reasonable nondiscriminatory alternatives exist to achieve a legitimate local purpose.

In Ohio, the Ohio Supreme Court has held that the Ohio Constitution's search and seizure provisions may provide what level of protection compared to the Fourth Amendment?

Answer: Greater protection than the federal standard

The Ohio Supreme Court has recognized that Article I, Section 14 of the Ohio Constitution can afford citizens broader protections against unreasonable searches and seizures than the federal Fourth Amendment.

The Takings Clause of the Fifth Amendment, made applicable to states through the Fourteenth Amendment, requires what when government takes private property for public use?

Answer: Just compensation

The Takings Clause mandates that government pay just compensation whenever it appropriates private property for public use, whether through physical occupation or a regulatory taking that deprives the owner of all economic value.

Which constitutional doctrine limits federal courts to deciding only actual 'cases or controversies,' requiring parties to have standing?

Answer: Article III Justiciability

Article III of the Constitution restricts federal judicial power to actual cases or controversies, meaning a plaintiff must demonstrate injury in fact, causation, and redressability to have standing to sue.