BLAW 3277 Lecture Notes - Lecture 4: State Ownership, Oligopoly, Strict Scrutiny
Document Summary
Strict scrutiny: be necessary to fulfill a compelling state interest and be no more extensive than necessary to do so: when court applies this the government usually loses, this involves big issue like freedom of speech. Intermediate scrutiny: directly advance a substantial governmental interest and be no more extensive than necessary to do so: this is in the middle the government could win or lose. Rational basis: have a reasonable relation to achieve of a legitimate governmental purpose: this is the bottom level and the government usually wins when this is applied. Free speech and false advertising: political speech vs. commercial speech, political speech gets strict scrutiny and commercial gets intermediate, political speech: truth is whatever we believe it is. The marketplace of ideas will work to elevate the truth and bury falsity: the government can police commercial speech like fast food restaurants making false claims, but the government can not police political speech.
