CONSTITUTION Flashcards
FIRST AMENDMENT
The 1st A protects freedom of speech and expressive activities that constitute speech.
It is applicable to Fed Gov and State Gov (under 14th A).
Right to anonymous speech and right not to speak is protected.
However, conduct that has no communicative value is not protected and can be regulated.
Government regulations on content of protected speech must satisfy SS. Gov must show restriction is narrowly tailored to achieve compelling government interest AND it used the lease restrictive means to accomplish its purpose.
Generally, gov may regulate time, place and manner of content neutral speech if the regulation satisfies intermediate scrutiny. Under intermediate scrutiny, gov must show that the regulation is narrowly tailored to achieve significant government interest and leaves open alternative channels of communication.
Conduct of speech and assembly in public spaces can be regulated by the gov depending on the type of forum.
Public forums are traditionally available for free speech.
If content based restriction, gov must satisfy SS
If content neutral restriction, gov may regulate time, place, manner if it satisfies IS
Designated public forums are traditionally not available but gov chooses to make available. They are treated as public.
Limited public forums are non public forums that are open to certain groups or topics. Non public forums are other public places that are traditionally limited for speech (schools, military, jails, courthouse, airports). Gov may regulate if it is resonable and viewpoint neutral.
PUBLIC SCHOOL SPEECH
Schools are given greater latitude to regulate speech by teacher or student.
To justify suppression, school officials must prove conduct would materially and substantially interfere with operations of the school.
Schools cannot force students to participate in religious political beliefs and any punishment violates 1st and 14th amendments.
Equal Protection Clause
EPC of 14th (state) and 5th (Fed Gov) prohibits government from denying citizens equal protection of the laws.
When the gov makes laws that classify people into groups, it has 3 levels of scrutiny.
The court will apply SS if it is a suspect class (race, national origin, alienage for state) or infringement of fundamental right for a class of people. (necessary, compelling)
When classification is based on quasi-suspect class, the court will apply the intermediate scrutiny. (substantial, important)
- e.g. state must show exceedingly persuasive justification for separate treatment AND facilities are equivalent
All others are rational basis.
State Action
Generally, conduct of private individuals or entities do not constitute state action.
Supreme Court held that running a private school or college is not state action if funded by gov funds.
Courts will find state action for private conduct if
- conduct is a public function, exclusively and traditionally reserved to the gov OR
- government is significantly involved to authorize, encourage or facilitate private conduct.
DORMANT COMMERCE CLAUSE
State or local gov may regulate interstate commerce if it does not conflict with the Federal laws. If Congress enacted laws on a particular matter, any state law will be preempted.
State or local government cannot enact laws that discriminates out-of-state commerce OR places undue burden on interstate commerce.
Laws are discriminatory if
- facially discriminatory or
- has a discriminatory impact if it favors in-state over out-of-state commerce
Exceptions:
- law is necessary to achieve a compelling gov interest
- gov acts as a market participant.
DORMANT COMMERCE CLAUSE
State or local gov may regulate interstate commerce if it does not conflict with the Federal laws. If Congress enacted laws on a particular matter, any state law will be preempted.
State or local government cannot enact laws that discriminates out-of-state commerce OR places undue burden on interstate commerce.
Laws are discriminatory if
- facially discriminatory or
- has a discriminatory impact if it favors in-state over out-of-state commerce
Exceptions:
- law is necessary to achieve a compelling gov interest
- gov acts as a market participant.
Intergovernmental immunities
Under the 10th A, all powers not granted to the Fed Gov are reserved to the states.
Congress cannot compel state governments to implement legislation but Congress may induce state gov action by attaching restrictions and conditions on fed funding grants pursuant to its federal taxing and spending powers.
Federal gov is prohibited from commandeering state govs and prohibited from imposing affirmative, coercive duties and seek to control or influence the state gov from regulating citizens and private individuals.
