con law Flashcards
commerce clause, doormat clause, doormat exception
generally Congress can regulate (i) Channels of
commerce, e.g., highways, air traffic, internet; (ii) Instrumentalities of commerce, e.g.,
cars, people, air planes; (iii) Articles moving through interstate commerce, e.g.,
information, items being sold; and (iv) Activities “substantially affecting” commerce
(even if it is purely “intrastate”—i.e., within a state).
Congress may regulate activities that have a demonstrable effect, either direct or indirect, on interstate commerce. Commerce means the totality of commercial intercourse, while interstate means of and concerning more than one state. It is not discrimination if it is intrastate commerence ( a law only in acted in that state and nothing on other states)
When see discrimination start with identifying the way it is discriminating the 1. in state from out state, 2. the scruity that apply and 3. Do the anaysis to show if it would pass the scruity or not
- On its face: text of the law itself is unconstitutional. And subject to strict.
2.facially neutral, but discriminatoryas applied:
3.is discriminatory in its application or administration. Requires proof of both discriminatory intentanddiscriminatory effect.
- Discriminatorypurpose/motive: P must showproofof discriminatory purpose.
the dormant stops States from discriminate against interstate commerce or unreasonably burden it. It is a undue burden if outweighs the benefit it is trying to achieve. it is discrimination if discriminate (treat instate different from outer state) against interstate commerence to protect local economic interests
However some of the dormant clause exceptions where discrim will be valid is: (4)if state can discrim against out of state bus or ppl if the Regulation isnecessaryto achieveimportantgovernment interest andno reasonable, non-discriminatory alternativesare available (strict scrutiny);State is amarket participant(i.e. acts like a business or consumer); or Regulation involvestraditional government function(e.g. trash collection); or Congress hasexpressly authorizedregulation (e.g. Congress explicitly states that regulation violates Commerce Clause, but will allow it anyways)
-examples of discriminations and exceptions and test to use
Basically, state can have rules but it must apply to both interstate and outer state ( residents and non residents)
If only a Ben for residents and a restriction for out of state residents than an exception must apply.
proving discrimination= the was it is conducted. is discriminatoryon
1. its face: text of the law itself is unconstitutional.
2.Classification is facially neutral, but discriminatoryas applied:
3.classification is discriminatory in its application or administration. Requires proof of both discriminatory intentanddiscriminatory effect. 4. Discriminatorypurpose/motive: P must showproofof discriminatory purpose.
It’s ok if okay to discrim against non residents if can show there is asubstantialconnectionbetween the discrimination and asubstantial state interest. and Treating non-residents differently to preserve in-statenatural resources)
- it not okay to discriminate ex against : Charging higher fee for commercial licenses for non-residents, Commuter taxes applied only to non-residents, Limiting abortions to only local residents, Mandating that employers only hire state-residents
- [ ] Can states put regulations on in state benifits-Yes, can limit in-state benefits to in-state residents.
If durational requirement (e.g. must be a resident for 30 days to receive benefits), must be reasonable and short (1 year residency to be eligible for Medicaid is likely invalid)
Economic- promotes the economic interests of its own residentsat the expense of out-of-staters(e.g. imposing requirements on out-of-state companies but not in-state companies)
schools- -1. allowing certain treated to a group because its to remedy past discrimination(ie. gender/sex)
- excercise of religion in public school (unless open to the public during certain house then can limit can be limited to speech that’s allowed in public forums ..but the regulations must be content neutral and narrowly tailored to serve a significant gov interest but remember if content based. Strike down from strict scrutiny
- Affirmative action in higher education= was allowed if can show used race or gender for diversity in school. Now now allowed
-supremacy clause (preemption) v. 10th amd.
Supremacy clause vs 10th amd police power
facts will have a state and a federal law that is conflicting …..
Because of 10th amd. State can pass law for health, safety of state BUT cant undermine congress but can be more restrictive
Commendeer
Congress cant command state to do anything can try to bribe state (require, command)
supremacy Holds that if a federal lawdirectly or indirectlyconflicts with a state law, federal law will prevail (and state law declared void). Federal laws can eitherexpressly or impliedly preemptstate law.
Preemption can becimplied or expressly) When either:law is anexclusive powerof the federal government (e.g. power to conduct foreign affairs); or Regulation in that area has beenexpressly prohibitedby federal government Express Implied- State lawhinders purposeof the federal law;
State law makescompliancewith federal lawimpossible(i.e. impossible to comply with both at the same time); or
Congress intended for federal government tooccupy the entire field(“field preemption”)
equal protection and substantial due process
Equal Protection & substantive due process = both deal with whether a regulation violates a fundamental right. However, equal pro= certain ppl /“will see someone in the classification group and sub due p is all ppl so no classifications
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-[Generally, the 14th amd. Equal protection clause prohibits states and subsidiary state gov and entities from treating similarly situated ppl in a dissimilar manner without adequate justification.
- [ ] However it generally does not apply to private action unless certain circumstances.
- [ ]exception: private will be state if priv is so entwined with gov entities that it is considered public. such as using state funds or state employees during school hours. (Just running a school does not make it state action) Also, preforming a traditional and exclusive state function such as an election or running a town. State regulation or licensing does not make state action.
- [ ] Public, is a violation …but depending on if the gov have a justification to uphold its discrimination to make it justifiable. Look to the classifications to determine the level of scruity and a exceedingly persuasive justification the interest must be genuine and not hypothosized or any over broad generalizations .
The court fist look to the classification, then the standard of review to determine that is applied to that classification.
- If rational basis, p must show that no rational relationship exists to any legitimate gov interest. There’s then no violation of equal protection ie. Age discrimination forcing mandatory retirement is not violation of equal protection.
Is there a classificationby the government?
What are the classifications =Suspect- Race;Alienage (state laws okay if fed); Religion; National origin, and camper from fundamental rights
quasi -Gender; and Legitimacy(children of unmarried)
rational b- Age, Wealth, Sexual orientation, Disability, Any other classificationnot governed by strict or intermediate scrutiny
Test
P must prove
1.classification was made withdiscriminatory intent; (face, as applied/administraction, effect, purpose/motive)
2. What is the classification?Suspect, quasi, or other;
3. Whatlevel of scrutinyapplies? Suspect = strict, Quasi = intermediate, Other = rational basis;
4. Does the government actionsatisfy the level of scrutiny?
sub due process= all people “ dont deal with the classifications
-how to analysis a equal pro question=
procedural due process 5th vs substantial due process 14th
Generally -due process Requirement that the government cant deprive an individual of life(death sentence), liberty(freedom), or property( Public education;Public employment (only if employee is tenured or can be fired for cause; “at-will” employment does not trigger due process);Welfare benefits; or Government-issued licenses) the government cannot deprive its citizens of life, liberty, or property without due process of law. Two types: procedural and substantive Rooted in both
-5th amd. Procedural Due process- requires Notice, Opportunity to be heard (i.e. hearing); and Decision by a neutral arbitrator to things that deprive the ind. of a property or liberty interest that is protected.
-14 amd. Substantive due process- requires a violation of fundamental rights travel, vote, camper (contraceptive, marraige/divorce, privacy (sex, contraceptive),
5th
- When is a hearing or notice required- pre if its to term welfare benefits, post if it’s disability benefits, post if it’s employment ben. But must get a notice, pre if its real prop. Nothing for personal prop,
No right to hearing if denied loan
5th am. due procress
- [ ] What ways can the gov take your property- - [ ] Generally no gov can take private property w/o just compensation when taken for public use. A taking can be physically or by restictiction. The compensation must be fair. You do not get compensated for value lost even if you sold it and got less or any of the items that was on your land. Because the person could sell it or use it on other land.
- [ ] What would constitute a regulatory taking- Economic burdenon the owner (not just a good amount, must take all economic value that its basically nothing), Extent of interferencewith owner’s reasonable use and enjoyment; and Whether or not the takingbenefits society(i.e. government’s interest in the taking)(if to benefit society will be allowed just need to compensate)
- zoning/permits(extraction) Generally the gov cant force landowners or business owners to give up a interest in there land in exchange for a permit. However can impose a requirement if : there is a close nexus (condition relates to a legitimate proportional interest; proportionality exists (adverse impact of development proportional to owners loss from forced transfer of occupational rightsregulatory and possessory
- [ ] What kind of property is protected by the taking clause- Personal property:Patent rights, Trade secrets, Contracts & real property
- [ ] Just compensation= fmv at the time of the taking
Privileges and immunities
- [ ] Privileges and immunities is priv (discrimination or denial to out of town ppl or non citizens the right to interstate travel (but is more for non -residents so pick commerce as a answer most of the time)
- [ ] What is the difference between privileges and immunities art. 14 and 5 -
–IV- states can’t discrimine against out of state ppl based on fundamental (diff rights)(Commercialrights (pursuit of employment, right to engage in business), Right tolive; Right totravel; Right to participate injudicial and political processright exception There is asubstantial justificationfor the discrimination (e.g. protectionism or residents are the “peculiar source of evil” law was intended to fix:); and Noless-discriminatory alternativesare available
- 14- right to interstate travel cant deny non citizens interstate travel
- [ ] When is it okay to discrim against non residents- if can show there is asubstantialconnectionbetween the discrimination and asubstantial state interest.
1. the amount of time required to live in state to receive benefits (ie. 30 days to a year)
must be reasonable and short (1 year residency to be eligible for Medicaid is likely invalid)
2. Charging more forrecreationallicenses (hunting or fishing);
3. Treating non-residents differently to preserve in-statenatural resources) - [ ] When is it not okay to discriminate against a non resident- Charging higher fee for commercial licenses for non-residents, Commuter taxes applied only to non-residents, Limiting abortions to only local residents, Mandating that employers only hire state-residents
1st amend. freedom of speech
Prohibit gov from restricting the content of speech under strict scrutiny. Unless satisfy strict security, (if nec. to achieve a compelling state interest.
Protected vs unprotected -
Test: certain categories of speech is not protected. …look to statue in essay..here, (determine if it’s protected or not, does it violate a classification, is it vague or over broad,1) Overbreadth - this is
where the law is so broad, it encompasses protected speech, and (2) Vagueness - this is where the law does not clearly identify the type of activity that is illegal. If someone
could not easily distinguish between what the law allows and prohibits, then the law may be struck down as unconstitutionally vague. 3)is it a law or proposal (proposals are advisory opinion and court dont do that)
[ ] What speech is not protected and must go through a test to determine if protected- Obscenity;Incitement;Fighting words;Defamation; and Commercial speech, profanity speech (as long as rationally relatedto alegitimate penalogicalobjective and an alternate way to express legitimate speech), tv/radio stations (airing “patently offensive and excretory speech”)
- [ ] Obscene test- Appeals to “prurient interests;”(community standard), Depicts or describessexual conductin a way that is patently offensive tocommunity standardsand applicable state law; and Lacks serious literary, artistic, political or scientific merit, or are, on the whole, offensive to the average person under contemporary community standards. *Sensitive people count , but not
children, when determining the community standard.
- [ ] Commercial speech(any speech or conduct for economic purpose or advertisements- Must satisfy Central Hudson Test:Speech is notfalse, misleading, or illegal;, Regulation is not substantially more extensive than necessary to protect that interest(intermediate scruity); Regulationdirectly advances interest;
- [ ] Fighting words- will get a violent response
- [ ] Incitement- will start a riot
- [ ] Defamation- will harm someone repetition
- [ ] Profanity- not on broadcast or public school
- [ ] Flag burning and cross burning- allowed unless action is meant to threaten
- [ ] Public nudity and leafleting- not allowed because gov have interest in the harmful effects
- [ ] Media- is protected if posting any private info that is newsworthy
- [ ] Adult entertainment- restrictions are allowed if will bring neighborhood crime
- [ ] What is the 1st am protection?
Generally, the gov can not stop the freedom of speech; However the gov can regulate if:
1. there is a regulation that pass strict scrutiny test or
2. on things that is content based but is incidental (no greater burden than is necessary. To further an Important or substantial gov interest
ie. Although state actors can regulate the incidental effects of speech on the public streets on a content-neutral basis, this power is limited and cannot extend to punishing a distributor of literature because of littering by third parties.
3, when a gov actor is a speaker and not a private individual or
4. Is unprotected speech that do not pass their tests ( incitement, fighting words, hostile audience, obscene, defamatory, commercial
5. Regulation on time place and manner that is ( content neutral as to subject matter and view point) ;narrowly tailored to serv. a significant gov interest; leaves alt. Channels of communication open
-press have no greater freedom then the ppl; can attend Crim trials unless the judge finds an overriding interest that can’t be accommodated by less restrictive means; can report on things that is of public concern) even if seem private as lond as newsworthy; radio and broadcasting can be regulated.
-freedom to exercise Religion (ppl can exercise their religion)
&
establishment clause( gov can’t endorse)” religion
-association/expression - can be in organizations
-Gov can’t fire employee because of the employee political views or affiliations unless it effect the performance of the employees job…has to be relevant to the er job.
-organizations do not have to include anyone that violates the group freedom of association and affect the groups ability to express its view point (ie don’t agree with mission statement)
-Protects the right to participate in any club, gathering, or group. UNLESS D is a active member ofsubversive organization;Dknowsabout the group’s illegal activities; and D hasspecific intentto further illegal activities
-freedom of:
speech -the gov can not censor all speech or engage in content based discrimination.
assemby(go places) »_space;>this has to do with speech / conduct/expressive activity)
-traditional is public places all the time (sidewalks, parks?(think belleville big park)
When a state tries to regulate expressive activity(on words/content based) in a traditional public forum, it is prohibited from doing so unless its regulation is narrowly tailored to achieve a compelling governmental interest (“strict scrutiny”)
HOWEVER if by conduct not words intermediate scrutiny, applies the regulation must be narrowly tailored to achieve a significant governmental interest, and it must leave open ample alternative channels for expressive activity.
ie)) littering/ leafleting- Supreme Court has held that the government’s interest in keeping the streets clean is insufficient to ban leafleting in the public streets, as the government power to regulate with incidental effects on public sidewalk speech is very limited.
designated- is public at certain times so can be regulated by time place manner (court stairs, municipal meetings, principal office)
non public- is public property not open to the public (school’s, jails, airports think you gotta have something to get
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free exercise clause vs. establishment clause vs. freedom of association
- [ ] Free exercise clause vs establishment clause. = free exercise clause has to do freedom to excersie your religion. Vs Establishment clause stops a gov from endorsing a particular religion
- [ ] Old test to determine if a gov is endorsing a religion- (lemon test) cant cant advance of inhibit a religion, have excessive entanglement, must have a secular purpose *same test for private schools, churches etc BASICALLY ANYTHING GOV DO FOR ONE HAVE TO DO FOR THE OPPOSITE
- [ ] School prayers and moment of silence are both unconstitutional
- [ ] New test to determine if gov is endorsing a religion-
- [ ] Freedom of association- Protects the right to participate in any club, gathering, or group. UNLESS D is active member ofsubversive organization;Dknowsabout the group’s illegal activities; and D hasspecific intentto further illegal activities
what tests go for what area
scruitys
- What is strict scruity- It is necessary to achieve acompelling/crucialgovernment interest; and Is theleast restrictive means possibleto achieve that interest (tried the other ways but this way is least restrictive)
- [ ] When do strict scruity apply - equal pro (classifications) or fundamental right/dormant clause/ 1st amd. speech and manner it discrim)
- [ ] What is intermediate scruity?substantiallyrelated ( persuasive)to animportantgovernment interest
- [ ] What do intermediate scruity apply ? Equal protection (state), contract clause (state legislation that retroactly and substantially impairs contract rights, conduct regulation (speech and assembly in public place)
- [ ] What is rational basis = ifrationallyrelated to alegitimategovernment purpose. Gov actions can’t be arbitrary or unreasonable.
- [ ] What do rational basis apply to? Equal pro, The commerce clause, state police power, regulation of speech, free excerse clause
Method of discriminatory ie. on its face: commerce/dormant clause; 1st amd.)
- [ ] When do the over broad, vague, viewpoint based, narrowly tailored, content base and content neutral test 1st amd. speech/conduct,
Regulation that restrictssubstantiallymore speech/conduct than is constitutionally allowed (i.e. restricts unprotectedandprotected speech).
- [ ] Content base(words)-can regulate if has to do with the subject matter (viewpoint or message) strict scruity
- [ ] Content neutral(conduct)- can regulate ifapplies to the content (time place and manner) intermediate scruity
- [ ] Viewpoint-can regulate if reasonable related to a gov interest rational basis
- [ ] Symbolic(what u wearing to convey the message)- can regulate if it serve a imp. Gov interest is unrelated to suppression of the message, impact on speech is no greater nec. To achieve interest
- [ ] Tradition vs designated places vs non-designated=
- [ ] Prior restraints- stops speech before it happens. Is generally not allowed unless During wartime or national security crisis to protect troops/citizens; or To prevent incitement of violence ( promotes or directsimminent illegalaction; and Creates a “clear and present danger” of such action)
traditional is public places all the time (sidewalks, parks?(think belleville big park) designated- is public at certain times so can be regulated by time time place manner (court stairs, municipal meetings) non public- is public property not open to the public (school’s, jails, airports think you gotta have something to get in)
- [ ] Time place manner restriction= must be content neutral(regulating conduct not message), leave open alternative means, serve a significant gov interest (not compelling interest)
powers and roles
- [ ] What powers do congress have? 1. Express-declare war/raise $ for war, a draft, commerce (anything that has value and bring money interstate/intrastate and foreign commerce not affairs), tax (for any purpose related to revenue production), borrow money (on us credit for public use), power over citizenship and naturalization (immigrant stuff, deportation, exclusion of aliens to enter country), bankruptcy laws, power to issue patents, trademarks, power over federal land (national parks)
- Implied- necessary and proper(have to be used with another power), general welfare have to be combined with tax (spend 4 the general welfare of the population, foreign affairs (make treaties/agreements with foreign gov), create and maintain fed highways, irs, fed crim law, regulate money supply, maritime regulation, investigative power, power of eminent domain take property to offectuate any fed right; bankruptcy laws
- [ ] Housing crisis- congress can give rent controls ….no broad right to shelter
- [ ] Palestine/isreal crisis- congress can Declare war; Raise and maintain armies, navy, and a militia; and
Establish military courts and rules governing military (that’s y we are sending billions to other countries) - [ ] When is the regulating spending power allowed- as long as not to coerce states, is related to general welfare, and is expressly stated
————————————— - [ ] What is the president power internal(domestic) and external (foreign)powers- 1. Internal commander in chief (conduct war),pardon (but not for impeachment or civ contempt), veto (strike a law but house can override with 2/3 vote), propose legislation with permission by congress, appoint high level officers 2. External- treaty power(agreements with foreign gov that need 2/3consent by senate,), executive agreement (agreement with foreign gov that don’t need 2/3 consent but cant conflict with a fed statute or treaty. Will win over a state law conflict) executive privilege
- [ ] If a fed law and a treaty conflict-whichever was last signed win
- [ ] If a treaty in state law, treaty win
- [ ] If a treaty and the constitution - constitution wins
- [ ] Impeachment of president or high level officers= For treason, bribery, and other “high crimes and misdemeanors”
- [ ] Congress cant appoint high level officers but can remove them by impeachment. President can remove without cause unless is a judge or someone with specific duration of time
——————
Judicial power art III powers
Municipal courts lower ct- tickets etc.
Supier courts-trial courts
Supreme Court/fed ct (the appellate ct of that state)- the highest court in the state…this
Hears Arisingunder the Constitution, laws, and treatiesof the United States;
* Affectingforeign countries’ ambassadors, public ministers, and consuls;
* Involvingadmiralty and maritimejurisdiction;
* When theU.S. is a party;
* Betweentwo or more states, orbetween a state and citizens of another state;
* Between citizens ofdifferent statesor between citizens of thesame stateclaiming lands under grants of different states; or
* Between a state, or its citizens, and foreign states, citizens, or subjects
To get a case heared
* Writ of Certiorari(discretionary review): Court will grant review if at least 4 justices vote to accept
* Mandatory appeal: appeals for injunctive decisions issued by three-judgedistrict courtpanels
United States Supreme Court (scouts the highest court of all states) the court with the 9 justices that changes the constitution
Has Original jurisdiction( the ones stated above) and Appellate jurisdiction ( cases on appeal)
CONGRESS CANNOT EXPAND THE COURT ( can’t give the ct other things to hear that’s not in there power),
Hears - cases that question independent or adequate grounds = Ind. Of State grounds ( only fed law) if mixed, the outc
Justicibily :Standing; injury in fact(you are the person or special/professional relationship or association/organization (at least 1 member of the org. will be affected or the interest being effected is one that the org. Stand for)) causation, prevent has redressibility but will prevent redressibility, the option of abstention cannot be
available to the court, (
* Ripeness;(happening now cant be in future otherwise it’s advisory and they cant give advisory opinions)
* Mootness(issue and damages is already resolved) unless can occur again in future, class action, or D voluntarily stop lit (can come back) ; and
* Not a political question (another branch power or court just dont have the power to decide
* abstention- absent from hearing until state has heard it
*taxpayer question - Tax payers do not have standing to challenge government expenditures because the injury is too remote. However, a tax payer may attack taxing and spending under a
violation of the Establishment Clause, if they can show an injury.
———————
States
- [ ] Supremacy clause? Fed v. State- if fed power fed supreme, if state power (10th amd) state over fed (unless the regulation are nec. And proper to regulate commerce and there is a close and substantial relationship to or effect on interstate commerce , when no fed law then go to state
– [ ] Sovereign immunity vs 11th amd= sov Imm. (gov cant be sued unless consent) 11th (state cant be sued)= unless state officer, or agency ,or local gov, or state vs. state or United States, or consent, or congress remove imm. Or
states have Police power 10th amd. congress cant commender but can pull funding
11 amd. gov cant be sued unles s - [ ] Sovereign immunity vs 11th amd= sov Imm. (gov cant be sued unless consent) 11th (state cant be sued)= unless state officer, or agency ,or local gov, or state vs. state or United States, or consent, or congress remove imm. Or
state action
-X Amendment, as applied through the Fourteenth Amendment, applies only to state action. It does not typically govern private actors. However, courts have found state action where the private actor has exercised a “public function,” such as
* running a privately owned company town that provides essential services typically provided by a state actor (security services, fire protection, sanitation services)
*conducting elections,
* the private action is controlled by the states
*the private action and funded by the state
NOT SCHOOL unless already stated that the private company is is public actor and they have a school.
The action must be conducted by the gov not a private actor.
What goes to gov actions and what goes to private actors=
private and gov =13th amd.
15th and. Voting rights based on race ,
state action is required in order to sue under the First, Fourteenth, or Fifteenth Amendment.
* General rule: If a plaintiff is suing under the First, Fourteenth, or Fifteenth Amendment (for free speech,
due process, Equal Protection Clause issues, or voting rights) the plaintiff needs to find a government
actor or action “fairly attributable to the government.” (One cannot sue a business or a private individual
for, say, violating one’s free speech rights under the First Amendment.) (July 2020, Feb 2013, July 2011)
- State action: state action is present when a state passes a law, when a state permits its officials to take
action, when a private actor is performing a traditional and exclusive government function (e.g.,
conducting elections, or running a company town—and performing acts contributied to the gov. security services, fire protection, sanitation services, and or when private action is
closely controlled by the state. (Feb 2013, July 2011)
State actors cant
force their students to participate in a flag salute ceremony when it offends the political or religious beliefs of the students or their families. West Virginia Board of Educ. v. Barnette, 319 U.S. 624 (1943) (invalidating a mandatory public school flag salute ceremony); see also Wooley v. Maynard, 430 U.S. 705 (1977) (invalidating compelled expression of political belief on state-issued license plates).
-Triggering the scruitys
or suspectclassifications
fundamentalright, religious beliefs(promoting, prohibit or supporting), freedom on association, speech-prior restraints(but has exceptions), content base, content neutral, overboad, viewpoint based(restrict entire category of speech)
-Triggering the classifications
Equal protection
-classifications- - [ ] What are the classifications =Suspect- Race;Alienage (state laws); Religion; and National origin, and camper from fundamental rights quasi -Gender; and Legitimacy(children of unmarried) rational b- Alienageif: Federalalienage classification; or State restriction on alien’s participation ingovernment functions, Age, Wealth, Sexual orientation, Disability, Any other classificationnot governed by strict or intermediate scrutiny
- [ ] What is the levels of scruity to each classification- Suspect = strict, Quasi = intermediate, Other = rational basis…need to know them for equal protection
- How do you prove discriminated against= Classification is discriminatoryon its face: text of the law itself is unconstitutional. Classification is facially neutral, but discriminatoryas applied:classification is discriminatory in its application or administration. Requires proof of both discriminatory intentanddiscriminatory effect. Discriminatorypurpose/motive: P m ust showproofof discriminatory purpose.
different fundamental rights (priv. and imm 5th amd. & due process 14 amd.)
priv. and imm 5th amd. & due process 14 amd.
priv- fundamental rights like can’t deny them the right to vote for federal officers, the right to enter public lands, interstate travel (corporations are not protected)
14th - camper
-zoning restrictions onadult entertainment establishments vs obscenity=
Zoning restrictions on business
zoning restrictions is to preventadverse “secondary effects”caused by the business, such as increased neighborhood crime.
Vs
obscenity Appeals to “prurient interests;”(community standard), Depicts or describessexual conductin a way that is patently offensive tocommunity standardsand applicable state law; and Lacks serious literary, artistic, political or scientific merit, or are, on the whole, offensive to the average person under contemporary community standards. *Sensitive people, but not
children, are considered when determining the community standard.
Zoning prohibiting disturbances associated with land uses such as night clubs -
—is allowed…even if to protect a church; however the church is not allowed to to make important discreationary gov. Powers like zoning decisions
