This is my weakest subject.  The different rules surrounding speech, content-related, content-neutral, place and manner; how a state treats its own residents vs out of state residents...it all gets jumbeled in my head. Important interest here, substantial justification there, I have no idea what to apply when.

Does anyone have a good way to keep it all straight?

Constitutional Law Approach

1. What level of government is trying to pass or enforce the law?

City
State
Legislative (Congress)
Executive (Presidency)
Judicial (Supreme Court)

a. What part of the constitution gives them their power? Are they usurping someone else’s power? Do they have the right to even be in this area of law?


2. Who are they trying to pass the law against?

a) Does the plaintiff have standing?
b) Is the point moot? (i.e. doesn’t even matter anymore)


3. What is the real reason they are trying to pass, or enforce the law?

Hello HDA:

I too feel your pain as this has been a tough area for me to.  I could never determine what was content specific from neutral or from a statue regulating conduct.  So I just took all the con law exams I could get my hands on studied them So:

Restrict tobacco advertisement
No loitering for purpose of begging
No sell or distribute sexual graphic materials

these all are examples of content specific speech where as regulation limiting how loud a record store could play rolling stones music to attract customers would be content neutral.

Just ask yourself does the statute regulate the message or not?  If message, then content specific...

Con law the class I LOVE to HATE.  I love it but don't "get it" with the arguments.

I passed the JULY CA GBX and I made a chart that I did not finish so I can give it to you in WORD and you can add/delete from it, but it helped me.  I used My notes and the Conviser Mini book which I LOVED and RECOMMEND - HIGHLY recommend.

If you give me your email I'll send it and I hope it helps.

Also I had old PMBR tapes that I transcribed - a little bit outdated, but they really helped with "here's how to do it"  I still didn't "get it" but it helped with forming my essay responses.  And personally I think that July 2009 Con Law question was rather difficult and a good practice question.

My email is

s1n@msk.com

and I'll send U the chart.

Good Luck!