Individual Rights

Question 1

State Action

Answer 1

the individuals rights protections of the con. only apply when there is state action

Question 2

state action is

Answer 2

actions by 1) government agencies and officials 2) private entities who perform exclusive public functions or 3) private entities that have sig. government involvement in their activies

Question 3

equal protection

Answer 3

equal protection clause prohibits state and local gov. from treating sim. situated people differently

Question 4

how can you bring an equal protection claim against fed gov.

Answer 4

under 5th am. due process clause

Question 5

when will strict scrutiny apply

Answer 5

will apply if there is a suspect class (race or national origin in florida) or a fundamental right (right to vote, right to interstate)

Question 6

what is the strict scrutiny test

Answer 6

the action will be struck down unless gov. proves that it is necessary to achieve a compelling government interest

Question 7

who is in a quasi suspect class

Answer 7

gender and legitamacy - apply intermediate scrutiny

Question 8

intermediate scrutiny test

Answer 8

government must prove that the law is substantially related to an important gov interest

Question 9

who is in class for rational basis test

Answer 9

includes age, wealth, sexual orientation, disability

Question 10

what is rational basis test

Answer 10

aggrieved party must show that the law is not rationally related to a legitamite government interest

Question 11

procedural due process

Answer 11

prohibits gov. from depriving a person of life, liberty, or property without due process of the law (notice and opportunity to be heard)

Question 12

substantive due process

Answer 12

focuses on the lefitamicy of the gov. act by applying the applicable standard of review. violations of substantive rights and liberties will be brought under substantive due process

Question 13

fundamental rights

Answer 13

there are three fundamental rights under U.S. constitution: 1) right to privacy (marry, procreate, custody of children, keep the family together, rear children, contraceptives) 2) right to vote and 3) right to interstate travel

Question 14

if a law infringes on fundamental rights

Answer 14

use strict scrutiny test but include third factor of least restrictive means

Question 15

first amendment freedoms

Answer 15

freedom of speech and freedom of religion

Question 16

freedom of religion

Answer 16

has the free exercise and free establishment clauses

Question 17

free exercise clause

Answer 17

prohibits the gov from punishing or interfering with an individuals rights. Usually is invoked when the government actor is governing, through interfering or punsihing, the practice of religion. strict scrutiny applies to these claims (if neutral law created for secular purposes) then you would use RB

Question 18

Establishment clause

Answer 18

prohibits gov. sponsorship, support, or endorsement of religion. if the regulation is sect neutral, the lemon test applies, if not sect neutral, then strict scrutiny

Question 19

lemon test

Answer 19

sect neutral regulation is valid IF 1) there is a secular purpose 2) it has a primary effect that neither promotes or inhibits religion 3) there is no excessive entanglement between gov. and religion

Question 20

freedom of speech - first step of analysis

Answer 20

whether the regulation is content based or content neutral?

Question 21

content based

Answer 21

regulates speech based on the topic discussed or message being communicated or expressed - presumptively uncon. and must satisfy SS (also uses third prong of least restrictive means)

Question 22

content neutral

Answer 22

does not regulate on the content of the speech - usually must pass intermediate scrutiny

Question 23

time place and manner restrictions

Answer 23

can place reasonable time place and manner restrictions on speech in public space or designated/limited public forum IF 1) the regulation is content neutral to subject matter and viewpoint neutral 2) is narrowly tailored to serve an important gov. interest and 3) leaves adequate alternative channels of communication

Question 24

public forum

Answer 24

government property traditionally held open for public for speech purposes

Question 25

designated/limited public forum

Answer 25

government property that the gov. could close to speech but chooses to open to speech (schools and libraries)

Question 26

non-public forums

Answer 26

government property that the gov. can close to speech (military bases, airports, jails) - only need rational basis to regulate speech in non pub. forums

Question 27

unprotected speech

Answer 27

there are certain categories of speech that are not protected under the con. - they may be regulated so long as the reg. contains narrow and definite standards (can’t be vague or overbroad)

Question 28

categories of unprotected speech

Answer 28

false and misleading ads
incitement of unlawful conduct 
fighting words
child porn
obscenity 
defamation

Question 29

commercial speech

Answer 29

it is afforded less protection than private speech and gov. can regulate protected commercial speech by proving intermediate scrutiny (adds last rule of restriction is no greater than necessary

Question 30

facial challenges to statutes regulating speech

Answer 30

prior restraints - government action that stops speech before it occurs - permitted only to avoid special harm

vagueness - an average person of reasonable intelligence would not understand what is permitted or prohibited under the reg. (usually if there is overbreadth or unfettered discretion)