Rights/Freedoms

Question 1

Inalienable rights

Answer 1

Right to enjoy and defend life
Pursue happiness
Be rewarded for industry
Acquire, possess, and protect property

Question 2

Right to Vote

Answer 2

Must be 18 years old
Permanent resident of the state
Registered in a county

Not qualified:
Mentally incompetent (until disability removed)
Convicted of a felony (until served all sentence, including parole/probation)

Question 3

Freedom of Religion

Answer 3

Religious Freedom does not justify practices inconsistent with public morals, peace, or safety
Lemon Test
1. Does law have a primarily secular purpose?
2. Is primary effect to neither advance nor inhibit religion?
3. Does law produce excessive gov’t entanglement?

Question 4

Freedom of Speech/Press

Answer 4

Strong presumption in favor of public access to court proceedings, public records, and meetings. Florida’s “Sunshine laws.”

Question 5

Right of Assembly

Answer 5

FL Const. provides people can assemble peaceably, and petition for redress of grievances.

Question 6

Right to Work

Answer 6

Can not be denied/abridged on account of membership in a labor union or organization. Can bargain collectively.

Public employees have no right to strike.

Question 7

Due Process - Procedural

Answer 7

FL extends to actions by private organizations exercising quasi-public function.

1. Right to notice and hearing
2. Right to appeal
3. Right to jury trial

Question 8

Due Process - Substantive

Answer 8

Fundamental rights.

1. Right to possess property
2. Right to liberty
3. Right to privacy, voting, travel, marriage

Question 9

Right to Contract

Answer 9

Virtually no degree of impairment to contract is permitted. Balancing test, though, to degree contract right is impaired against state statute trying to remedy a wrong.
Standard:
1. Is there state action?
2. Is there an existing contract?
3. Does regulation substantially impair contract?

If so, state may only pass law if it serves important and legitimate gov’t interest AND must be narrowly tailored.

Question 10

Access to Courts

Answer 10

Courts shall be open to every person for redress of any injury, justice administered without sale, denial, or delay.

Question 11

If Legislature abolishes a cause of action

Answer 11

A reasonable alternative must be provided, unless:

1. Legislature can demonstrate an overpowering public necessity
2. No alternative method of meeting the necessity can be established.

Question 12

Right to Privacy

Answer 12

Expressly granted by FL Const.

A person has a right to be free from gov’t intrusion into his private life.