Con Law (Final)

Question 1

Symbolic Speech

Answer 1

includes verbal communication, but conduct that is undertaken to communicate an idea, i.e., expressive speech. The court will uphold if: (1) regulation is within the constitutional power of the US gov’t, (2) it furthers an important gov’t interest, (3) gov’t interest is unrelated to the suppression of speech and (4) incidental burden on speech is not greater than necessary

Question 2

Privileges/Immunities clause

Answer 2

• State cannot discriminate against noncitizens
• Unless substantially related and no less discriminatory alternatives
• Rights fundamental to national unity

Question 3

Contracts clause

Answer 3

Public: reasonably related and necessary to important public interest
Private: rational basis.

Question 4

Free Exercise Clause

Answer 4

• Can’t burden religion
• Unless compelling gov’t interest
• Laws of general applicability OK

Question 5

Establishment Clause

Answer 5

• Can’t endorse/favor religion
• Incidental effect OK if benefits for wide variety
• Sect preference: strict scrutiny
• No sect preference: Lemon test
• -Secular purpose
• -Primary effect is not to advance/inhibit religion
• -No gov’t entanglement

Question 6

1st Amendment Free Speech

Answer 6

Content based: strict scrutiny
Less protected speech regulation must:
(1) further a significant gov’t interest
(2) be narrowly tailored (no more restrictive than necessary)
(3) leave open alternate channels of communication

Question 7

Unprotected Speech

Answer 7

SCOFF [at] DC
Symbolic speech
Clear and present danger
Obscenity
Fraudulent commercial speech
Fighting words
Defamation
Child porn

Question 8

Obscenity

Answer 8

(1) must appeal to the prurient interest in sex;
(2) depicts sexual conduct in patently offensive way
(3) lacks serious literary, artistic, political, or scientific value (LAPS)

Question 9

Time, place and manner restrictions

Answer 9

Public: Content neutral
-Significant gov't interest
-Narrowly tailored
-Open alternative channels
Limited public: specific group/discussion when open, same test as public
Designated public: open for specific purpose, same as public forum
Nonpublic: rational basis
-Legitimate gov't interests
-Rationally related
-Open alternate channels

Question 10

Commercial Speech

Answer 10

• Substantial gov’t interest
• Directly advances it
• Reasonably tailored

Question 11

Fundamental Freedoms

Answer 11

{STAR VP}
Speech
Travel
Association
Religion
Vote
Privacy

Question 12

Privacy Rights

Answer 12

{CAMPER}
Contraception
Abortion
Marriage
Procreation
Education
Right of related persons to live together

Question 13

Prior restraints on speech

Answer 13

Stop speech before it occurs

• Serious public harm
• Narrowly drawn
• Final determination

Question 14

Freedom of Association

Answer 14

• Freedoms protected by 1st Amendment
• Compelling gov’t interest
• Least restrictive means

Question 15

Substantive due process

Answer 15

• Deprive life, liberty, property
• Fundamental right= strict scrutiny
• No fundamental right= rational basis

Question 16

Procedural Due process

Answer 16

-Fair process prior to deprivation of life, liberty or property
-Judicial: hearing, counsel, call witnesses, trial, appeal
Nonjudicial: balance private interests and risk of error v. gov’t interest