PRIVACY RELATED RIGHTS Flashcards

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1
Q

Marriage

A

A law prohibiting a class of adults from marrying is likely to be invalidated unless the government can demonstrate that the law is narrowly tailored to promote a compelling or, at least, important interest.

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2
Q

Use of Contraceptives

A

A state cannot prohibit the distribution of nonmedical contraceptives to adults or minors.

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3
Q

Rights of Parents

A

Parental rights are fundamental rights. They include the companionship, care, custody, and upbringing of children.

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4
Q

Keeping Extended Family Together

A

There’s a fundamental right for family members—even extended ones—to live together. However, this right does not extend to unrelated people.

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5
Q

Obscene Reading Material

A

The right to privacy includes freedom to read obscene material in one’s home (except for child pornography), but not the right to sell, purchase, or transport such material.

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6
Q

Interstate Travel

A

An individual has a fundamental right (1) to travel from state to state, and (2) to be treated equally after moving into a new state.

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7
Q

RIGHT TO VOTE

A

The right to vote is a fundamental right. As a result, restrictions on that right, other than on the basis of residence, age, and citizenship, are invalid unless they can pass strict scrutiny.

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8
Q

Right to Self-Defense

A

The Second Amendment protects the right of individuals to bear arms for self-defense. This includes the right to keep a handgun at home and the right to carry a handgun in public.

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9
Q

RIGHT TO FAIR NOTICE

A

A fundamental principle of our legal system is that laws that regulate people or entities must give fair notice of conduct that is forbidden or required.

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10
Q

Intimate Sexual Conduct

A

The state has no legitimate interest in making it a crime for fully consenting adults to engage in private intimate sexual conduct (for example, sodomy) that is not commercial in nature.

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11
Q

Right to Refuse Medical Treatment

A

The right of a mentally competent adult to refuse medical treatment is a part of an individual’s “liberty” under the Fifth and Fourteenth Amendment Due Process Clauses.

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