Con Law Flashcards
What does the 15th Amendment say?
The rights of the United States citizens to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
What is the standard for regulating symbolic conduct?
The purpose of a regulation of symbolic conduct must not be the suppression of speech. The test employed is: (i) the regulation is within the constitutional power of the government; (ii) it furthers an important governmental interest; (iii) the governmental interest is unrelated to the suppression of speech; and (iv) the incidental burden on speech is no greater than necessary.
It is not true that the regulation must further a compelling government interest; that standard is too high.
Freedom of Speech: Obscenity
Material will be considered obscene if it appeals to the prurient interest in sex; portrays sex in a patently offensive way; and does not have serious literary, artistic, political, or scientific value.
- purient interest -> community standard
- lacking serious social value -> national standard
Eleventh Amendment
A case between a state and a citizen of that state is generally not within the jurisdiction of the federal courts. The Eleventh Amendment generally prohibits federal court jurisdiction in such a case. However, there are a few exceptions (e.g., when the state waives this rule).
TPM Regulations: Limited Public Forum
To be valid, a time, place, and manner regulation of a limited public forum must be viewpoint neutral and rationally related to a legitimate government purpose.
Prior Restraint
A prior restraint requires: narrowly drawn, reasonable, and definite standards; prompt action in seeking an injunction; and a prompt and final judicial determination of the validity of the restraint.
~ A bond for damages is not required in all prior restraint cases.
Freedom of Speech: The Press
As a general rule, the press’s First Amendment rights are the same as the public’s First Amendment rights.
~ However, some first amendment issues often only arise when the press is involved.
Freedom of Speech: Public Monuments
A permanent monument on public land is considered government speech and thus does not give rise to First Amendment concerns.
The Lemon Test
In determining whether government action is valid under the Establishment Clause, courts will usually consider the three-part Lemon test: (1) The action has a secular purpose; (2) The action has a primary effect that neither advances nor inhibits religion; and (3) The action does not produce excessive government entanglement with religion.
Executive Immunity
(i) The President has absolute immunity from suits for civil damages for actions taken in his official capacity;
(ii) presidential aides exercising discretionary authority for the President in sensitive areas of national concern have absolute immunity from suits for civil damages for such exercises; and
(iii) presidential aides not exercising discretionary authority in sensitive areas of national concern have a qualified immunity from suits for civil damages for actions taken in their official capacity.
What is the standard of scrutiny under the Establishment Clause?
Strict Scrutiny: A law or government program must be necessary to serve a compelling government interest if it includes a preference for some religious groups over others.
Treaties that are not self-executing
Treaties that are not self-executing are not effective unless and until Congress adopts effectuating legislation.
