Section 211B.11, entitled “Election Day Prohibitions,” of the Minnesota Fair Campaign Practices Act regulates behavior “near polling places.” Minn. Stat. § 211B.11. The third sentence of § 211B.11(1) on “[s]oliciting near polling places” declares that...
strict scrutiny
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On August 1, 2021, Senate Bill (“SB”) 7072 took effect in the state of Florida. NetChoice, LLC v. Attorney General at 7. The Bill’s purpose is to protect Floridians from censorship on popular social media sites. Id. at 7. Specifically, Governor Ron...
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In 1999, Respondent Michael Carrigan was elected to the Sparks City Council and has since been re-elected twice. See Carrigan v. Commission on Ethics of the State of Nevada, 236 P.3d 616, 618 (2010). Carlos Vasquez managed each of Carrigan’s election...
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Pioneer Park, located in Pleasant Grove, Utah, contains a number of historical artifacts, buildings, and permanent displays, such as the city’s first city hall, its first fire department, a Ten Commandments monument, and a September 11 monument. See...
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The rational basis test is a judicial review test used by courts to determine the constitutionality of a statute or ordinance. It is also referred to as “rational review.”
The Requirements of the Rational Basis TestUnder...
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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...
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Suspect classification refers to a class of individuals that have been historically subject to discrimination.
OverviewUnder Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute...