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3 Federal Preemption >Supremacy Clause of the U.S. Constitution â establishes that the U.S. Constitution and federal law generally has precedence over state law. >Courts recognize three types: > Express Preemption â when the language of the federal statute reveals an express congressional intent to preempt state laws. > Field Preemption â when the federal scheme of regulation is so pervasive that Congress must have intended to leave no room for the state to supplement. > Conflict Preemption â when compliance with both federal and state law is impossible or when the state law acts as an obstacle to what Congress intended.
O'Brien,(2) starts with the premise that it is presumptively impermissible under the First Amendment for a governmental entity to proscribe otherwise proscribable conduct because of a governmental concern (including both legislative motive(3) and statutory purpose, which are not the same thing) with the message sent out by (the communicative impact ...