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14 Cards in this Set

  • Front
  • Back
Strict Scrutiny (Free Exercise)
1. Compelling Governemental Interest
2. Least Intrusive Means
Lemon Test (Establishment Clause)
1. Secular Purpose
2. Can't have a primary effect of advancing or inhibiting religion
3. Can't excessively entagle gov't with religion
Miller Test
1. "The average person, applying comtemporary community standard" taken as a whole appeals to the prurient interest in sex
2. Work depicts in a patenly manner
3. Lack serious literacy, artist, political, or scientific values
Clear and Present Danger
A standard for judging when freedom of speech can be abridged. Not Protected
1. Symbolic Speech
2. Political Speech
1. Not a violent speech that conveys a message (protected)
2. Government matters as opposed to the affairs of an individual or organization. (protected)
Negligence
Failure to exercise reasonable care about circumstances.
1. Malice
2. Actual Malice
1. Public figures, officials, Elected figures, must prove malice
2. Knowledge of the falisty of the matter asserted with a reckless disregard for the truth.
Obscenity (obscene)
Vulgar, out of line
Not constutional protected
Trimester Approach
1. Women Choice
2. Hospital V. Clinic
3. Fetal Viability (Can the baby be able to live outside the woman woom, does it affect the woman health)
Undue Burden Test
1. 24 hrs. waiting period
2. Parental Notification/ Judical by Pass (Consent is a undue burden)
3. Spousal Notification/ Consent (undue burden)
Drug Test
- Private companies can drug test employees randomly and before they work.
- Government empolyees can be drug test before and randomly, but not if the work in health care or public safety.
Right to Die
-Passive euthanasia
-Active euthanasia
-Death with dignity
- A living will, you can have machines removed don't pesesitate
- Asking a doctor to give you something to kill yourself
- Terminally ill or being really sick can get multiple doctors to conduce can end your life.
Homosexuality
N.C state consitution says you can't have same sex marriage.
Sodomy-not consitutional protected
Oral sex
Is against nature and a felony in N.C.
10 yrs in prison