Saturday, July 14, 2007

Commerical language

Anonymous said...

I have another random question -- is there a difference between the words 'substantial,' 'significant,' and 'important' in the con law tests? For example, CMR says that time, place, and manner restrictions must serve a 'significant' gov interest, while restrictions on commercial speech must serve a 'substantial' gov interest. They all sound intermediate scrutinyish to me.

All the speech regulations can be catogarized to content-base or content neutral.

  • Content base: presumptively unconstitutional ( ex. attorney commerical can not be per se illegal)

  • Content neutrual: intermediate scrutiny

Thus, even for speech regulations, same standard here. In CMR, for commercial speech, the regulations shall:

1. serve substaintial government interest

2. directly advance the interest

3. narrowly-tailored ( adding "narrow-tailored" won't kill you in 1st amendment right)


Conclustion: obviously it's an intermediate scrutiny, thus substaintial = important

4 comments:

Anonymous said...

Cutie:

Just read the exam instruction. How do you bring the laptop on the test day? There seems to be no mention of laptop bag.

Do people who takes PMBR smarter then Barbri people? I scored 85% in Barbri simulated test. But only 75% in the PMBR test.

Annie said...

1. I didn't take PMBR but I believe people who took PMBR are really determined ones.
2. I would say there might be couple reasons:
2.1. yes, they are the more competitive ones.
2.2. some people have improved during this period of time ( espeically people who saw their shitty Barbri score).
2.3. You were in a bad mental or physical situation.
2.4. They tested the areas you did not prepare well.

BTW, I am a writer. I have no idea about the laptop thing.

Hang in there!

Anonymous said...

you too!

I really enjoy reading your blog!

It is hilarious and real!

It keeps my spirit up during the long study.

Annie said...

:D awesome!