Cases

Question 1

Slaughter-House Cases

Answer 1

The Privileges or Immunities Clause of the 14th Amendment only protects the legal rights that are associated with U.S. Citizenship, not those that pertain to State citizenship

Question 2

Califano v. Webster

Answer 2

Gender classifications benefiting women will only be permitted if they are designed to remedy past discrimination or differences in opportunities

Question 3

U.S. v. Virginia

Answer 3

Generalizations about women are not an exceedingly persuasive justification for denying opportunities to women whose talent and capacity place them outside the average description

Question 4

Graham v. Richardson

Answer 4

States may not condition the receipt of welfare benefits upon residing in the U.S. for a specified number of years

Question 5

Obergefell

Answer 5

Right to gay marriage

Question 6

Loving v. Virginia

Answer 6

Interracial marriage

Question 7

Skinner

Answer 7

Right to procreate

Question 8

Foley

Answer 8

A state may restrict aliens from occupying governmental jobs (police, public school teachers, probation officers) that involve discretionary decision making or the execution of policy that substantially affects members of the political community

Question 9

Ambach

Answer 9

If governmental job involving discretionary function or execution of policy, then rational basis review

Question 10

Griswold

Answer 10

Right to purchase and use contraceptives

Question 11

Korematsu

Answer 11

National security is a compelling governmental interest

Question 12

Grutter

Answer 12

Diversity in higher education is a compelling governmental interest

Question 13

Craig v. Boren

Answer 13

If state action discriminates based on gender, apply intermediate scrutiny. The burden of proof on the government.

Question 14

Washington v. Davis

Answer 14

If facially neutral law has discriminatory impact, plaintiff must show discriminatory intent

Question 15

Milliken

Answer 15

Multidistrict remedies are unconstitutional if they extend into districts that have not engaged in discrimination

Question 16

Pyler

Answer 16

States may not deny free public education to children not legally admitted into the United States unless it furthers a substantial goal (intermediate scrutiny) of the state

Question 17

Civil Rights Cases

Answer 17

The Constitution’s protections of individual liberties and its requirements for equal protection only applies to state government, not private action

Question 18

Marsh v. Alabama

Answer 18

A company town with the functional equivalent of a municipality is a traditional government function

Question 19

Shelly v. Kramer

Answer 19

Judicial enforcement of racially restrictive covenants on deeds constitutes a state action under the entanglement exception

Question 20

Burton v. Wilmington Park Authority

Answer 20

Where a private business is in a symbiotic relationship with a public entity there is state action under the entaglement exception

Question 21

Moose Lodge v. Irvis

Answer 21

Government licensing by itself does not constitute a state action under the entanglement exception

Question 22

Home Building & Loan v. Blaisdell

Answer 22

State or local government may temporarily infringe upon existing private agreements during an emergency but must have rational related reason for state action

Question 23

ERG v. Kansas Power and Light

Answer 23

Goverment interference with private contracts:
Is there a substantial impairment of a contractual relationship?
If so, does it serve a significant and legitimate public purpose?
If so, is it reasonably related to achieving the goal?

Question 24

Loretto v. Teleprompter Manhattan CATV

Answer 24

A permanent physical occupation authorized by the government is a Per Se taking

Question 25

Lucas v. South Carolina Coastal Council

Answer 25

Government regulation that leaves no reasonable economically viable use of property is a regulatory taking

Question 26

Penn Central

Answer 26

Regulations that restrict but do not completely diminish value is not a taking; no compensation needed.

Question 27

Hill v. Colorado

Answer 27

Laws restricting speech on public forums must be content-neutral, narrowly tailored to serve an important interest, and leave open alternative channels of communication.

Question 28

City of Renton v. Playtime Theatres

Answer 28

Content-neutral time, place, and manner regulations are constitutional so long as they are designed to serve a substantial government interest and do not unreasonably limit alternative avenues of communication

Question 29

Reed v. Town of Gilbert

Answer 29

Content-based restrictions are presumptively unconstitutional and must meet strict scrutiny.

Question 30

New York Times

Answer 30

Prior restraint on a newspaper’s publication of information is unconstitutional unless it places national security at risk

Question 31

Limited Public Forums

Answer 31

Governmental entity may impose restrictions on speech that have a reasonable relationship to a legitimate government interest, and view-point neutral.

Question 32

Barnette

Answer 32

A state actor may not compel individuals to engage in involuntary expression. Strict scrutiny.

Question 33

Brandenburg Test

Answer 33

The government may outlaw speech that is likely to result in imminent lawless action. Imminent lawless action if:
(a) Imminent harm
(b) A substantial likelihood of producing illegal action; and
(c) Intent to cause imminent illegality

Question 34

Chaplinksy

Answer 34

Fighting words are unprotected. Fighting words are words directed to a specific person and likely to provoke a violent response.

Question 35

Symbolic Speech

Answer 35

Government may regulate conduct that communicates if it is an important interest unrelated to the suppression of the message and if the impact of communication is no greater than necessary to achieve the government’s purpose.

Question 36

Sexually Oriented Speech

Answer 36

Analysis:
(a) Whether the average person, applying contemporary standards, would find that the work, taken as a whole, appeals to the prurient interest (community standard);
(b) Whether the work depicts or describes, in a (patently offensive way), sexual conduct specifically defined by the applicable state law; and
(c) Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value (national standard)

Question 37

Freedom of Association

Answer 37

Freedom of association is a fundamental right. However, the government may punish membership if it proves that a person is actively affiliated with a group, knows of its illegal objectives, and intends to further those objectives.

Question 38

Compelled disclosures of affiliation

Answer 38

Compelled disclosures of affiliation with groups engaged in advocacy that has the effect of curtailing freedom of association due to economic reprisal, loss of employment, threat of physical coercion, and other manifestations of public hostility, is subject to strict scrutiny.

Question 39

Janus

Answer 39

Compelled subsidization of private speech is subject to strict scrutiny. Employees cannot be forced to pay union dues if they don’t want to join the union; not a compelling government interest.

Question 40

Board of Regents v. Southworth

Answer 40

Public universities may subsidize student organizations that engage in political or ideological speech by imposing mandatory activity fees, even if some students find the campus groups objectional, as long as the university remains view-point neutral in their allocation of funding support.

Question 41

Boy Scouts of America

Answer 41

forced inclusion of an unwanted person in a group infringes the group’s freedom of expressive association if the presence of that person affects in a significant way the group’s ability to advocate public or private viewpoints

Question 42

Cohen v. Cowles

Answer 42

The First Amendment does not prohibit a plaintiff from recovering damages from the Press for violations of generally applicable laws.