Individual rights

Question 1

Can a non state actor violate your individual rights?

Answer 1

no, need the government to do it

Question 2

13 amendment

Answer 2

Laws trying to fix any remaining instances of racial discrimination

13= Private citizen + race

Question 3

privileges and immunities

Answer 3

about state A passing a law that discriminates against residents of state b because of their residency status

Question 4

15th amendment

Answer 4

Racial discrimination relating the voting

Question 5

equal protection or due process?

Answer 5

either doing a question about equal protection or due process, never together.

Question 6

What does na equal protection question look like?

Answer 6

It about when certain people are tested differently than everyone else by the Government

Question 7

When to apply what scrutiny level for equal protection?

Answer 7

Depends on who the people are

Question 8

Strict scrutiny?

Answer 8

Race, alienage, national origin

elements:

Government has the burden to show the law was necessary to achieve a compelling interest

Question 9

Intermediate scrutiny

Answer 9

Gender and illegitimate children

Government has the burden to show law was substantially related to an important interest

Question 10

rational basis

Answer 10

Everyone else

Plaintiff has the burden to show the law is not rationally related to any legitimate interest

Question 11

Substantive due process?

Answer 11

When the government is trying to take away rights from ALL OF US

Question 12

What fundamental rights for substantive due process?

Answer 12

The right to travel interstate
The right to vote
The right to privacy
Right of free speech

Question 13

All the rights to privacy?

Answer 13

1. Contraception
   2. abortion
   3. marriage
   4. procreation
   5. private education
   6. right to raise your family

Question 14

Which amendments for EP and DP?

Answer 14

if state law, then 14. If CONGRESS, then 5th

Question 15

Taking?

Answer 15

Government can take your private property for public use as long as they pay just compensation

Question 16

What is just compensation?

Answer 16

Usually fair market value

Question 17

what if government is doing something that reduces the value of your home to next to nothing?

Answer 17

it is in effect a taking because your property has no value left

Question 18

Establishment clause?

Answer 18

1. Government can make no law which establishes (prefer) a religion
   1. test
   1. statute must have secular purpose
   2. law can not advance or inhibit religion
   3. law must not be entagled with religion
   1. Usually money, i.e. scholarships

Question 19

free exercise clause?

Answer 19

Government can not comment on your religion.

Government is usually doing something that has nothing to do with religion, but the law seems to affect the practice of some religion. As long a government interest is neutral, it’s okay.

Question 20

if its a fundamental right?

Answer 20

Strict scrutiny

Question 21

If not a fundamental right?

Answer 21

Rational basis

Question 22

Two ways for the government to regulate speech

Answer 22

Content based
content neutral

Question 23

Content based speech regulations?

Answer 23

1. Government says “no”. I want to march, i want to parade, etc. Gov says no.
2. They are basing the regulation in the content
3. When you see this, this triggers strict scrutiny

Question 24

Content Neutral

Answer 24

1. Not trying to stop you from getting message out, just limiting time place and manner
2. Generally will be okay as long as its for a significant or important governmental interest leaving open alternative ways of communication

Question 25

Public forum for free speech?

Answer 25

based on anything going on streets and parks

Public forum = significant or important

Question 26

Private forum for free speech?

Answer 26

advertisements on buses or billboards, etc.

Must be reasonably related to a legit interest

Question 27

Unprotected speech?

Answer 27

obscenity

clear and present danger

commercial speech

advertising

prior restraint

unfettered discretion

Question 28

Obscenity?

Answer 28

1. objective person applying the local community standards finds the work appeals to the purest interest in sex

       1. usually test on local community standard
    
        2. work in question depicts sex in offensive manner 
   
        3. lacks any serious literary artist or scientific value

Question 29

clear and present danger?

Answer 29

1. Imminent violent action
   2. fighting words

Question 30

Commercial speech

Answer 30

1. anything to do with business can be regulated if there is a reasonable fit to a substantial governental interest and it is narrowly tailored

Question 31

advertising?

Answer 31

1. false or misleading
   2. illegal advertising

Question 32

Prior restraint?

Answer 32

1. trying to stop speech before its ever made
   2. gag order, injunction
2. state must prove material is not protected speech

Question 33

Unfettered discretion

Answer 33

1. government official choosing one form of speech over another
   1. cannot do this. If youre going to allow this kind of speech, have to allow that kind of speech.

Question 34

Statute may not be overboard

Answer 34

usually refers to all forms of a speech. A law must be very specific about what it is limiting

Question 35

Vague speech

Answer 35

cant do “any” kind of this or that. Too over broad and too vague.

Question 36

Bill of attainder

Answer 36

When the federal or state government passes a law that punishes a named individual or a group and punishes them

Question 37

Ex post facto

Answer 37

When you’re making a law that retroactively makes something criminal

Question 38

Contracts clause

Answer 38

When a state tries to pass a law that would impair a contractual obligation