PA Con Law Distinctions

Question 1

What rights does the PA Constitution offer for expungement?

Answer 1

The right to petition the court for expungement of a dismissed “protection from abuse” proceeding

Question 2

Under the PA Constitution, when may the state deny someone the right to a lawful occupation?

Answer 2

The state must show:

1. A rational basis for its denial of the right to a lawful job, and
2. The law is not unreasonable, unduly oppressive, or patently beyond the necessities of the case

Question 3

Does the PA Constitution protect speech on the premises of private colleges?

Answer 3

Yes, if an event has been held open to the public

Question 4

Does the PA Constitution protect nude dancing?

Answer 4

Yes, nude dancing is expressive conduct and thus “content-based” speech

Question 5

Does the PA Constitution allow the State to ban business from conducting business on Sundays?

Answer 5

No, Blue Laws are unconstitutional

Question 6

Can PA pass laws for a one-member class?

Answer 6

No, such laws are unconstitutional if:

1. Only one class member;
2. Impossible or highly unlikely another would join the class; and
3. The class does not bear a “fair and substantial relationship” to the legislation

Question 7

Can single school districts be exempt from general rules for schools?

Answer 7

No

Question 8

What are the four factors a lawyer should raise when assessing a constitutional issue under the PA Constitution?

Answer 8

1. The text of the PA constitution;
2. The history of the provision;
3. Related caselaw from other states; and
4. Policy considerations