Privacy Flashcards

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1
Q

Griswold v. Connecticut

  1. An implied “right of privacy” exists within the bill of rights that prohibits what?
    2.Specific guarantees in the Bill of Rights have penumbras that create a zone of privacy in what amendments? (hint 5 of them)
A

1.a state from preventing married couples from using contraception
2. 3rd, 4th, 5th, 9th, and 14th

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2
Q

Eisenstadt v. Baird

Who does the right of privacy belong to?

A

the right to privacy belongs to individual even in marriage.

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3
Q

Meyer v. Nebraska

Does a Nebraska statute that forbids the teaching of any subject in a non-English language unreasonably infringe the liberties guaranteed by the 14th amend.

A

Parents have the the fundamental liberty interest of a parent to control his or her child’s education.
(Established the right to family autonomy in the face of gov’t intervention)

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4
Q

Pierce v. Society of sisters

Can a state compel children to be educated only in public institutions?

A

State can compel a child to go to school, but they cannot require public school only.
(The Fourteenth Amendment protects the liberty of parents and guardians to direct their children’s education)

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5
Q

Strict scrutiny?

A

necessary (narrowly tailored) to a compelling state interest

strict scrutiny favors individual interests

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6
Q

Intermediate Scrutiny

A

substantially related to an important government objective

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7
Q

Rational Basis

A

rationally related to a legitimate governmental objective
(favors state interests)

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