Missed Con Law Rules

Question 1

Standing Requirements

Answer 1

For a person to have standing they must have:

1. Injury in fact – both a particularized and concrete injury that will be remedied by a decision

Question 2

When can a P invoke standing for third parties?

Answer 2

A P can invoke standing on behalf of 3rd parties if they can show that they have suffered an injury and that that injury adversely affects her rlshp with third parties which indirectly violates their rights.

Question 3

Free Exercise Clause

Answer 3

Under the free exercise clause, it prohibits governments from acting in a way that interferes with the free exercise of religion.

Question 4

Lemon Test for the Establishment Clause

Answer 4

1. Law must be for secular purpose;
2. The law must not promote or prohibit any religion;
3. Excessive govt. entanglement

Question 5

Fundamental Right to Marry and Strict Scrutiny

Answer 5

SS will apply if you can identify that the law directly and substantially interferes with one’s right to marry. If that legislation is not direct and substantial, it likely will not be SS.

Question 6

Traditional Public Forums

Answer 6

These are forums that are traditionally associated with freedom of speech activities, such as parks and sidewalks. Subjected to time place and manner restrictions which are: (1) content neutral; (2) narrowly tailored to serve important govt. interest, (3) alternate channels of communication have been left open.

Question 7

Designated Public Forums

Answer 7

In these forums, the forums are on government property and will be open for a specific amount of time on a limited basis. It will follow the same time, place and manner restrictions (1) content neutral; (2) narrowly tailored to serve important govt. interest, (3) alternate channels of communication have been left open.)as traditional public forums. **Only relevant when the property is open for speech.

Question 8

Limited Public Forums

Answer 8

These forums are forums that the government opens up for specific speech activity. **So this can look like an election debate or something similar.

Test is: (1) viewpoint neutral; (2) reasonably related to some legitimate govt. purpose

Question 8

Designated Public Forums

Answer 8

In these forums, the forums are on government property and will be open for a specific amount of time on a limited basis. It will follow the same time, place and manner restrictions as traditional public forums. **Only relevant when the property is open for speech.

Question 9

Nonpublic Forums

Answer 9

Forums that are not open for speech (i.e., military bases, airports)

Test is: (1) viewpoint neutral; (2) reasonably related to some legitimate govt. purpose