Individual Rights Flashcards
Equal protection
-Treating a group of people differently than everyone else
Strict Scrutiny
-Race, Alienage, Nation Origin
-Government has the burden to show that it was necessary and compelling
Intermediate scrutiny
-Gender, illegitimate
-Government has the burden to show that a law is substantially related important
Rational Basis
-Everyone else gets this (if not race alienage,National original, gender, illegitimacy)
-Plaintiff has the burden related to a legitimate interest
How to identify equal protection ? ( question )
-Generally they will tell you it’s equal protection and you will have to; see what level of scrutiny.
-They’ll make you identify if it’s a equal protection question
Substantive Due Process
Government regulating a right for all people
Fundamental rights (Strict Scrutiny)
-Strict scrutiny
-Right to vote
-Free Speech
-Interstate travel
-Privacy rights 1) Contraception
-Abortion (New law; not fundament right so rational basis)
-Marry
-Procreation
-Private Education (strict)
-Right to raise family
If not on the list; rational basis
How will Due process ? ( questions) be
- Will make you identify it’s subscribe due process
- Or they’ll telling us X sues due process if fundamental; strict if not rational
Procedural Due Process
-If government tries to take away property rights requires a; notice and a hearing
-Job, license and benefits (government or public)
-Make sure the property right is vested
5th amendment & 14th amendment
-When you’re doing equal protection or due process, the state is passing the law or regulation =14th amendment!
-If Congress (Federal) passes the law that affects equal protection or due process ; then =5th amendment
Privileges and ammunities
-State passes laws that treats non-residents differently than residents
-Resident (not equal protection)
13th vs 15th
-13th amendment banned slavery (if there’s racial discrimination; no state action - private person can be held liable)
-15th amendment: race + voting ban; if they try to prevent the 15th amendment bans it
Takings clause
-Government can’t they private property for a public use they must pay “just compensation” ( fair market value)
-Overall benefit of the project
Inverse Condemnation
-When government is doing something around your property that reduces the economic value to next to nothing.
Establishment Clause
-The government can’t pass a law that’s going to establish a religion; all religion treated the same
-Government needs to be religiously neutral
-Historical practice + tradition
-What is gov doing? Is it religiously neutral
Free Exercise Clause
-Every citizen can practice any religion however they chose
-The law has to be neutral to the religion
-Gov is passing something and because of it my religion gets stopped okay as long as the government didn’t intended to stop it.
Speech ( Content Neutral regulations + Based)
-Is the speech regulating content based or content neutral?
Content Based:The government can’t totally shut it down (content based; strict scrutiny)
-Content neutral: (Time, place, manner) Meets a form of intermediate scrutiny; furthers significant governmental interest; leaves open alternative means of communication
-Meets a form of intermediate scrutiny
-Further a significant or important governmental interest
-Leaves open alternative means of communication (expression)
Public forum
-Happening on streets or parks
-Must further significant governmental interest
-Leave open alternative means of communication
-Content neutral
Non-Public Forum
-Billboards, signs or buses
-Legitamelty related to a substantial governmental interest
Unprotected Speech
-Obscenity: 1. Reasonable person would find the work appeals to the purring interest in sex by objective local community standard 2. Depicts sex in a patently offensive manner 3. Lacks any serious literary, artistic, political or scientific value
Not protected by the 1st amendment
Clear & Present danger
-Speech incites imminent violent action
-Likely to produce violence
(Generally by a group of people)
Fighting Words
-Harsh language likely to incite an average person to commit violence
Commercial Speech
-Anything to do with business related speech (ads)
-Reasonable fit to a substantial interest
-Narrowly tailored
False & Misleading Advertisement
-Speech that provides false or misleading information
