INTERMEDIATE SCRUTINY

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Respondents Reagan National Advertising of Austin, LLC. (“Reagan”) and Lamar Advantage Outdoor Company, L.P. (“Lamar”), are involved in the outdoor advertising business. Reagan National Advertising of Austin, Inc. v. City of Austin, at 699. In April...

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Overview

Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and...

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Overview

Intermediate scrutiny is a test courts often use in the field of Constitutional Law to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which...

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The rational basis test is a judicial review test. A judicial review test is what courts use to determine the constitutionality of a statute or ordinance.

The Requirements of the Test

To pass the rational basis test, the statute or ordinance...

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Respondent Town of Gilbert’s (“Gilbert”) sign ordinance (“Sign Code”) requires that individuals obtain a permit to post signs within the city limits. See Reed v. Town of Gilbert, 707 F.3d 1057, 1061 (9th Cir. 2013). There are, however,...

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Overview

Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination. To pass strict scrutiny, the...