Individual Rights Flashcards
Equal Protection
Gov’t treats people differently
Due Process
Treated differently based on race, alienage (non-US citizen), national origin
SS - Gov’t has burden to show law is NECESSARY to achieve COMPELLING interest
Treated differently based on gender, illegitimacy
IS - Gov’t has burden to show law is SUBSTANTIALLY related to an IMPORTANT interest
Treated differently based on anything else
RB - PLAINTIFF has the burden to show law is not RATIONALLY RELATED to a LEGITIMATE interest
Substantive Due Process
Gov’t taking away ALL OF OUR RIGHTS
Substantive Due Process
Fundamental Right = Strict Scrutiny
Non-Fundamental Right = Rational Basis
Fundamental Rights = Strict Scrutiny
Right to Vote
Free Speech
INTERSTATE Travel (one state to another)
Privacy rights:
Contraception
Marriage
Procreation
Education
Raise Family
Non-Fundamental Rights =
Rational Basis
Procedural Due Process
Property Rights -
Governmental (PUBLIC) jobs
Licenses
Public Benefits
Make sure I own the property right.
Need NOTICE and a HEARING
Equal Protection and Due Process - State v Federal
State –> 14
Federal –> 5
Privileges & Immunities (14)
State is discriminating against NON-RESIDENTS (NOT BUSINESSES).
“RESIDENT”*
13th Amendmentt
Slavery; PRIVATE individuals cannot racially discriminate
15th Amendment
Voting/Racial Discrimination
Takings Clause
Gov’t cant take private property for public use without just compensation
Inverse Condemnation
Not taking your property but doing something that extremely lowers the value of your own property or makes it where nobody would want to live there
Religion
Establishment Clause
Free Exercise Clause
Establishment Clause
Gov’t cannot pass a law that formally sponsors or establishes a religion
Now –
NEUTRALITY; not trying to prefer one or another, AND
HISTORY AND TRADITION
Free Exercise Clause
A law NEUTRAL to religion will be constitutional even if the EFFECT prohibits religion.
In order for it to be unconstitutional, GOVT has to INTEND to discriminate
Speech
Gov’t can’t ban speech because FUNDAMENTAL RIGHT
Gov’t CAN regulate speech. Question is CONTENT-BASED vs CONTENT-NEUTRAL
Content-Based
Shutting the message down. SS. No. You can’t do it.
EX: Denying a permit.
Content-Neutral
We don’t care about your message. We are telling you where when and how you can get that message out.
SIGNIFICANT/IMPORTANT gov’t interest
+ leave open ALTERNATIVE means of communication
Content Neutral - PUBLIC Forum
SIGNIFICANT/IMPORTANT gov’t interest
+ leave open ALTERNATIVE means of communication
Content Neural - NON-PUBLIC Forum
Billboards, Signs, Buses
REASONABLY RELATED to a LEGITIMATE INTEREST
UNPROTECTED Speech
Obscenity
Clear and Present Danger
Fighting Words
Commercial Speech
False/Misleading Ads
Prior Restraint
Unfettered Discretion
Overbroad & Vague speech
Obscenity
A prurient interest in sex by objective LOCAL COMMUNITY STANDARDS
Depicts sex in a patently offensive manner
Lacks any serious literary, artistic, political or scientific value
Clear and Present Danger
Speech incites imminent violent action
Likely to produce violent
**inciting a GROUP
Fighting words
Incites average person to commit violent – One person to another
Commercial Speech
Business-related speech
REASONABLE FIT to a SUBSTANTIAL interest, NARROWLY TAILORED
False/Misleading Statement
False/Misleading Ads
Misleading commercials
Prior Restraint
Stops speech BEFORE it is published
Injunctions, Gag Orders
Govt can STOP before
Unfettered Discretion
Gov’t official saying this okay, this is not okay. Gov’t official can’t pick and choose
Overbroad/Vague
Statute or language can’t be too broad or vague (“any” “all”)
BILL OF ATTAINDER VS EX POST FACTO
Bill of Attainder
State/Fed Gov’t punishing an individual or group of people BY NAME
Civil penalty, criminal penalty
Ex Post Facto
Was legal, now gov’t is retroactively making it ILLEGAL
Contracts Clause
STATE cannot EXPRESSLY impairs your ability to enter into a contract.
WHEN: law is SO CLEARLY SAYING you CANNOT enter this or that kind of contract.
State Action
There must always be state/gov’r action to violate the constitution
