Bar Con Law

Front 1

Federal judicial power

Back 1

o Defined by article 3 of the constitution with a requirement for cases and controversies: case must be justiciable. This means the Federal Courts must decide actual cases and controversies and do not render advisory opinions.
standing
ripeness
mootness
political question

Front 2

Federal judicial power

standing

Front 3

Federal judicial power

ripeness

Back 3

The question of whether a federal court may grant pre-enforcement review of a statute or regulation.
•The hardship that will be suffered without pre-enforcement review.
•The fitness of the issues and the record for judicial review.

Front 4

Federal judical power

mootness

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If events after the filing of a lawsuit end the P’s injury, the case must be dismissed as moot because a P must present a live controversy, though a non-frivolous money damages claim will keep the case alive. Except:
•(a) the wrong is capable of repetition but evades review because of its inherently limited time duration. (abortion)
•(b) Voluntary cessation – stop what they are doing but can start again.
•(c) class action suits- as long as 1 member of the class still has an injury.

Front 5

federal judicial power

the political question doctrine

Back 5

Refers to a constitutional violation that the federal courts will not adjudicate. The following 4 kinds of cases are dismissed as non-justiciable political questions.
(1) the US shall guarantee to each state a republican form of government.
(2) challenges to the Presidents conduct of foreign policy.
(3) challenges to the impeachment and removal process.
(4) challenges to partisan gerrymandering.

Front 6

federal judicial power

supreme court review

Back 6

in order for the Supreme Court to hear a case, all justicability requirements must be met.
Virtually all cases come to the Supreme Court by writ of certiorari
•All cases from state court come to the Supreme Court by writ of certiorari.
•All cases from US Court of Appeals come to the Supreme Court by writ of certiorari.
•Appeals exist for decisions of three-judge federal district courts.
•The Supreme Court has original and exclusive jurisdiction for suits between state governments.
Generally, the Supreme Court may hear cases only after there has been a final judgment of highest state court, or of a US Court of Appeals, or of a three-judge federal district court. This is called final judgment rule.
•For the Supreme Court to review a state court decision there must not be an independent and adequate state law ground of decision. If a state court decision rests on two grounds, one state law and one federal law, fi the Supreme Courts reversal of the federal law ground will not change the result in the case, the Supreme Court cannot hear it.

Front 7

federal judicial power

lower federal court review.

Back 7

Federal courts (and state courts) may not hear suits against state governments. (not towns/municipalities). The principle of sovereign immunities
oThe 11th amendment bars suits against states in federal court. That is, state governments generally cannot be named as D’s in federal court cases.
oSovereign immunity bars suits against states in state courts/federal agents and even on federal law claims. Exceptions: (1) waiver is permitted, that is, a state may and must expressly consent to be sued; (2) states may be sued pursuant to federal laws adopted under section 5 of the 14th amendment. Congress cannot authorize suits against states under any other constitutional power or provisions; (3) the federal government may sue state governments, that is, sovereign immunity is not a bar to the federal government suing a state government; (4) bankruptcy proceedings- the 11th amendment does not apply to federal laws exercised pursuant to congress’ bankruptcy law so it does not bar actions of the US bankruptcy courts.
oSuits against state officers are allowed even if the state government cannot be named as a defendant.
State officers may be sued for injunctive relief
State officers may be sued for money damages to be paid out of their own pockets.
State officers may not be sued if it is the state treasury that will be paying retroactive damages.
oAbstention. Federal courts may not enjoin pending state court proceedings.

Front 8

Federal legislative power.

Back 8

oCongress’ authority to act: The big three powers: taxing, spending, and commerce.
There must be express/implied congressional power.
Exceptions: where Congress has a police power: (MILD)
•Military
•Indian reservations
•Lands (federal lands)
•District of Columbia.
Art. 1 sec. 8 says congress can adopt all laws that are necessary and proper to exercise its authority.

Front 9

Federal legislaive power
congress' authority to act
taxing/spending power and the commerce power.

Back 9

•Congress may tax and spend for the general welfare.
•The commerce power: Congress can regulation commerce with foreign nations, Indian tribes, and among the states. The Supreme Court said that Congress could act under the Commerce Clause in any of the following three situations:
oCongress may regulate the channels of interstate commerce. Channels are the places where commerce occurs (includes internet)
oCongress may regulate the instrumentalities of interstate comer and persons/things in interstate commerce.
oCongress may regulate economic activities that have a substantial effect on interests commerce. (in the area of non-economic activity, a substantial effect cannot be cumulative impact).

Front 10

Federal legislative power

congress' authoirty to act- 10th amendment limit.

Back 10

•The 10th amendment as a limit on Congressional power states that all powers not granted to the United States, nor prohibited to the state, are reserved to the states or the people.
oCongress cannot compel state regulatory/legislative action. Congress can induce state government action by putting strings on grants, so long as the conditions are expressly stated and relate to the purpose of the spending program.
oCongress may prohibit harmful commercial activity by state governments.

Front 11

Federal legislative power

delegation of powers.

Back 11

No limit exists on Congress’ ability to delegate legislative powers. (rarely too much)
Legislative vetoes and line-item vetoes are unconstitutional. For Congress to act, there must be bicameralism (passed in both houses) and presentment (given to the president to sign or veto). The president must sign or veto the bill in its entirety.
Congress can not delegate executive power to itself or its officers.

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Federal executive power

foreign policy.

Back 12

Treaties. These are agreements between the US and a foreign country that are negotiated by the president and are effective when ratified by the Senate.
•State laws that conflict with treaties are invalid.
•If a treaty conflicts with a federal statute, the one adopted last in time controls, the earlier must give way
•If a treaty conflicts with the US constitution, the treaty is invalid
Executive agreements. An agreement between the US and a foreign country that is effective when signed by President and heard of a foreign nation.
•Executive agreements can be sued for any purpose
•Executive agreements prevail over conflicting state laws, but never over conflicting federal laws or the constitution.
The President has broad powers as commander in chief to sue American troops in foreign counties.

Front 13

Federal exeuctive power

domestic affairs.

Front 14

Federalism

preemption.

Back 14

Article VI of the constitution contains what is known as the Supremacy clause. This clause says that the constitution and the laws/treaties made pursuant to it, are the supreme law of the land.
Express: when Congress has authority to act, it can state that is power is exclusive in a field; if a federal statute says that a federal law is exclusive in a field, then state and local laws are preempted.
Implied preemption: even if a federal statute is silent about preemption, implied preemption can be found:
•If it is not possible for a someone to simultaneously comply with both federal and state laws, then the state law is deemed preempted.
•If a state law impedes the achievement of a federal objective, then the state or local law is deemed preempted.
•If congress evidences a clear intent to preempt state law, then state laws are deemed preempted.
States may not charge state tax to be paid out of federal treasury for federal government activity.

Front 15

Federalism

dormant commerce clause and privileges and immunities clause..

Back 15

The dormant commerce clause (negative implications of commerce clause) is the principal that state/local laws are unconstitutional if they place an undue burden on interstate commerce.
The privileges and immunities clause of article IV: no state or municipality may deny citizens of other states the privileges and immunities it affords its own citizens without substantial justification.
The privileges or immunities clause of the 14th amendment: used to preserve a person’s right to travel from one state to another.

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dormant commerce clause/privilege and immunities test

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Does the state law discriminate against out of staters? If no, doesn’t violate
If the law does not discriminate against out-of staters:
•Then the privileges and immunities clause of Article IV does not apply because this is a provision that only applies if there is discrimination.
•If the law burdens interstate commerce, it violates the dormant commerce clause if its burden on interstate commerce outweighs the benefits of the law.
If the law does discriminate against out of staters
•If the law burdens interstate commerce, it violates the dormant commerce clause unless it is necessary to achieve an important government purpose and government must show that no less discriminatory alternative can achieve its goal.
•There are a couple of exceptions in which laws which would otherwise violate the dormant commerce clause will be upheld. Except:
oIf congress approves it.
oMarket participant exception. A state or local government may prefer its own citizens in receiving benefits from government programs or in dealing with government owned business. (state universities).
•If the law discriminates against out of staters with regard to their ability to earn a living, it violates the privileges and immunities clause of art IV, unless it is necessary to achieve an important government purpose.
•Corporations/aliens cannot use or invoke the privileges and immunities clause.

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State taxation of interstate commerce

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•States may not use their tax system to help in state businesses.
•A state may only tax activities if there is a substantial nexus between the product or activity to be taxed and the state.
•State taxation not interstate business or companies must be fairly apportioned.

Front 18

full faith and credit.

Back 18

Courts in one state must give full faith and credit (that is must enforce all judgments of other courts in another state, so long as: )
•The court had rendered or issued the judgment must have personal and subject matter jurisdiction.
•The judgment must be on the merits
•The judgment must be final

Front 19

The Structure of the Constitutions Protection of Individual Liberties.

Back 19

o The constitution applies only to government action. Private conduct need not comply with the constitution.
o Congress, by statute, may apply constitutional norms to private conduct.
 Pursuant to 13th amendment, congress can prohibit private race discrimination and has broad powers to adopt laws to enforce this provision.
Pursuant to the commerce clause, congress can apply constitutional norms to private conduct as it did when it adopted the civil rights action.
Congress cannot use section 5 of 14th amendment to regulate private behavior, only to regulate state and local government.
•Except situations where private conduct must comply with the constitution.
oThe constitution applies if a private entity is performing a task traditionally, exclusively done by the government. Public functions exception.
oThe entanglement exception. The constitution applies if the government affirmatively authorizes, encourages, or facilitates unconstitutional activity. Examples: Courts cannot enforce racially restrictive covenants. There is state action when the government leases premises to a restaurant that racially discriminates. There is state action when a state provides free books to private schools that racially discriminate. There is no state action when a private school that is 99% funded by the government fires a teacher because of her speech. There is no state action when the NCAA orders the suspension of a basketball coach at a state university. There is state action when a private entity regulates interscholastic sports within a state. There is no state action when a private club with a liquor license from state racially discriminates.

Front 20

indiviudal liberties

is there government action

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•The bill of rights applies directly only to the federal government.
•The bill or rights is applied to state and local governments through tis incorporation into the due process clause of the 14th amendment. Except
oThe third amendment right to not have a solider quartered in your home.
oThe fifth amendment right to grand jury indictment in criminal cases.
oThe seventh amendment right ot jury trial in civil cases.
oThe eight amendment right against excessive fines.

Front 21

individual liberties

level of scrutiny

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•Rational basis test: a law is upheld if it is rationally related to a legitimate government purpose. The challenger has the burden of proof to show either that there is no conceivable legitimate purpose or that the law is not rationally related to it.
•Intermediate scrutiny: a law will be upheld if it is substantially related to an important government purpose. Under this test, the government has the burden of proof.
•Strict Scrutiny: law will be upheld if the law is necessary to achieve a compelling government purpose. Government has the burden of proof.

Front 22

Individual liberties-

procedural due process

Back 22

The procedures a government must follow to take away someone’s life, liberty, or property. Any taking can be broken down into two questions.
(1) Has there been a deprivation of life, liberty, or property?
•A deprivation of liberty occurs if there is the loss of a significant freedom provided by the constitution or a statute.
•A deprivation of property occurs if a person has an entitled (a reasonable expectation to the continued receipt of a benefit) and that entitlement is not fulfilled.
•Government negligence is not sufficient for a deprivation of due process. Generally, there must be intentional government action or at least reckless action for liability to exist.
oHowever, in emergency situations, the government is liable under due process only if its conduct shocks the conscious of the court.
•Generally, the governments failure to protect people from privately inflicted harms does not deny due process.
(2) if there has been a deprivation, then what procedures are required?
•3 part balancing test: (i) the importance of the interest to the individual (the more important the interest the more protection that will be required); (ii) the ability of additional procedures to increase the accuracy of the fact-finding (more procedures will lead to better/more accurate decisions and reduce erroneous deprivation, the more likely the court will require them); (iii) the governments interests usually efficiency and economy.

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Individual liberties

substantive due process.

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oSubstantive due process- used in 2 areas: (1) protecting economic liberties, (2) to safeguard property.
Whether the government has an adequate reason for taking away a persons life, liberty, or property.

Front 24

individual liberties - substnative due process

ecnomic liberties.

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•Only a rational basis test is used for laws affecting economic rights.
•The takings clause of the fifth amendment- the government may take private property for public use but only if it provides just compensation. Here, the government does not sue the levels of scrutiny, but rather a separate test for the takings clause:
oIs there a taking: (a) possessory taking- government confiscation or physical occupation of property is always a taking. (b) regulatory taking- government regulation is a taking if it leave no reasonable economically viable use of the property.
Government conditions on the development of property must be justified by a benefit that is roughly proportionate to the burden imposed; otherwise it is a taking.
A property owner may bring a takings challenge to regulations that existed at the time the property was acquired.
Temporarily denying an owner use of property (developing property) is not a taking so long as the governments action is reasonable.
oIs it for public use? The supreme court has said that a taking is for public use so long as the government acts out of a reasonable belief that the taking will benefit the public.
oIs just compensation paid? Just compensation is measured in terms of loss to the owner in reasonable market value terms; the gain to the government is irrelevant.

Front 25

individual liberties- substantive due process

to safeguard property.

Back 25

•Only a rational basis test is used for laws affecting economic rights.
•The takings clause of the fifth amendment- the government may take private property for public use but only if it provides just compensation. Here, the government does not sue the levels of scrutiny, but rather a separate test for the takings clause:
oIs there a taking: (a) possessory taking- government confiscation or physical occupation of property is always a taking. (b) regulatory taking- government regulation is a taking if it leave no reasonable economically viable use of the property.
Government conditions on the development of property must be justified by a benefit that is roughly proportionate to the burden imposed; otherwise it is a taking.
A property owner may bring a takings challenge to regulations that existed at the time the property was acquired.
Temporarily denying an owner use of property (developing property) is not a taking so long as the governments action is reasonable.
oIs it for public use? The supreme court has said that a taking is for public use so long as the government acts out of a reasonable belief that the taking will benefit the public.
oIs just compensation paid? Just compensation is measured in terms of loss to the owner in reasonable market value terms; the gain to the government is irrelevant.

Front 26

Individual liberties- substantive due process

Privacy-

Back 26

•Privacy is fundamental right protected under substantive due process and therefore strict scrutiny is the standard used when the government interferes with privacy rights.
oThe right to marry, to procreate, custody of one’s children: A fundamental right that can only be terminated if it proves a compelling reason such as parental abuse or parental neglect.
A state may create an irrebutable presumption that a married woman’s husband is the father of the child.
oThe right to keep the family together- broader than the concept of parents and children, it includes extended family; parents to control the upbringing on their children; purchase and use contraceptives; abortion-Prior to viability, states cannot prohibit abortions, but may regulate abortions so long as they do not create an undue burden on the ability to obtain abortions; private same sex activity; refused med treatment- may require clear and convicng evdience, can preven family members from terminating treatment; bear arms; travel

Front 27

Individual liberites- substantive due process

right to travel/move.

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oThe right to travel
Laws that prevent people from moving into a state must meet strict scrutiny.
Durational residency requires (requiring person to live in jurisdiction for a specified amount of time to get a benefit) must meet strict scrutiny.
•The Supreme Court has said that for voting purposes, 50 days is the max allowable durational requirement.
There is no fundamental right to international travel, so restrictions on foreign travel need only meet the national basis test.
oThe right to move is a fundamental right.
Laws that deny some citizens the right to vote must meet strict scrutiny.
One person one vote- must be met for all state and local elections.
At large elections (where all voters cast a vote for all officeholders) are constitutional unless there is a proof of discriminatory purpose.
The use of race in drawing election district lines (for the purpose of benefitting minorities) must meet strict scrutiny.
Counting uncounted votes without standards in a presidential election violates equal protection.
oThere is no fundamental right to education under Equal Protection or the US constitution.

Front 28

Equal protection.

Back 28

whenever the government draws a distinction among people there is a basis for an equal protection challenge.
o3 steps?
What is the classification
What level of scrutiny should be applied (usually rational basis)
Does this law meet the level of scrutiny

Front 29

Equal protection

constitutional provisions.

Back 29

The equal protection clause of the 14th amendment applies only to state and local governments, never to the federal government.
Equal protection is applied to the federal government through the due process clause of the 5th amendment.

Front 30

Equal protection.

(1) what is the classficiation-

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Strict scrutiny is the test used whenever the government discriminates against people on the basis of their race, or country of origin.
How is the existence of a race classification proven?
•The classification exists on the face of the law, or
•If the law is race-neutral on its face, then proving a racial classification requires demonstrating discriminatory impact and discriminatory intent.
oUse of preemptory challenges based on race denies equal protection.

Front 31

Equal protection

(1) how should racial classifications benefitting minorities be used?

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Strict scrutiny is applied
Numerical set-asides require clear proof of past discrimination.
Educational institutions may use race as 1 factor in admissions decisions to benefit minorities and enhance diversity.
Public school systems may not use race as a factor in assigning students to schools unless strict scrutiny is met.

Front 32

Equal protection

(1) what is the classificatiion-
gender classifications.

Back 32

Intermediate scrutiny is used for sex-based discrimination and discrimination based on gender can only be allowed only if there is an exceedly persuasive justification.
How is classification proven?
•If the classification exist on the face of the law.
•Alternatively, if the law is facially gender-neutral, proving a gender classification requires demonstrating both discriminatory impact and discriminatory intent.
oDiscriminatory use of peremptory challenges based on gender denies equal protection.
Gender classifications benefiting or disadvantaging women, intermediate scrutiny is used.
•Gender classifications benefitting women that are based on role stereotypes will not be allowed.
•Gender classifications benefitting women that are designed to remedy past discrimination/differences in opportunity will be allowed.

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Equal protection

aliens

Back 33

oAlienage classifications: laws that discriminate against non-us citizens.
Generally, laws that discriminate against non-citizens must meet strict scrutiny.
But, certain privileges may be reserved for just citizens. (voting, serving on jury, being police officer, teacher, or probation officer). Only a rational basis test is used.
When congress discriminates against aliens, only a rational basis test.
It appears that intermediate scrutiny is used for discrimination against undocumented alien children.

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Equal protection-

non-martial children.

Back 34

Intermediate scrutiny used.
Laws that deny a benefit to all non-martial children, but grant it to all marital children, but it to all marital children are unconstitutional; intermediate scrutiny is the test.
oRational basis review used for all others: (age discrimination, disability discrimination, wealth, government economic regulations, sexual orientation).

Front 35

Frirst amendment

free speech

Back 35

The distinction between content based and content neutral restrictions
•Content-based restrictions on speech generally must meet strict scrutiny. There are 2 alternative ways of finding that a law is content based.
oSubject matter restriction
oView point restriction.
•Content neutral laws burdening speech generally need only meet intermediate scrutiny
Prior restraints: stopping speech before it occurs.
•Court orders suppressing speech must meet strict scrutiny
oProcedurally proper court orders must be complied with until they are vacated or overturned.
oA person who violates a court order is barred from later challenging it.
oGag orders on the press to prevent publicity are not allowed.
oThe government can require a license for speech only if there is an important reason for licensing and clear criteria leaving almost no discretion to the licensing authority. In addition, there must be procedural safeguards such as prompt determination of requests for licenses and judicial review of license denials.

Front 36

First amendment
free speech

vagueness and overbreadth.

Back 36

•Vagueness- a law is unconstitutionally vague if a reasonable person cannot tell what speech is prohibited and what is allowed.
•Overbreadth. A law is unconstitutionally overbroad if it regulates substantially more speech than the constitution allows to be regulated.
•Fighting words- not protected speech, but statutes attempting to punish the use of such words are often found to be void for vagueness.

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First amendment

symbolic speech.

Back 37

•The government may regulate conduct that communicates if it has an important interest unrelated to suppression of the message and if the impact of communication is no greater than necessary to achieve the governments goal.
oFlag burning- constitutionally protected oDraft card burning- not protected. Nude dancing- not protected. Burning a cross- protected, unless done with intent to threaten or intimidate.
oContribution limits in election campaign are allowed. Expenditure limits in campaigns not allowed.
Government cannot limit the amount a person spends to get a candidate elected, as long as the expenditures are independent of the candidate and are not disguised contributions. Thus, corporations, unions, and other entities may spend whatever they wish to get a candidate elected.
•Anonymous speech is protected by the first amendment. (not disclosing identity).
oA state interest in promoting transparency and accountability in elections is sufficient to justify public disclosure of the names and addresses of persons who sign ballot petitions.
oSpeech by the government cannot be challenged as violating the first amendment. Funding rationally related to legitimate state interest.
•What types of speech are unprotected or less protected by the first amendment. Incitement of illegal activity is unprotected by first amendment. Test: the government may punish speech if there is substantial likelihood of imminent illegal activity and if the speech is directed to causing imminent illegality.

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First amendment

obscensity and sexually oriented speech.

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•The material must appeal to the prurient interest, or a shameful or morbid interest in sex.
•The material must be patently offensive under the law prohibiting obscenity.
•Taken as a whole, the material must lack serious redeeming artistic, literary, political, or scientific value as determined by a national standard.
oThe government may use zoning ordinance to regulate the number or location of adult bookstores in movie theaters.
oChild pornography may be completely banned, even if not obscene. To be child porn, children must be used in production of the material.
oThe government may not punish private possession of obscene materials, but the government may punish private possession of child pron.
oThe government may seize all the assets of a company convicted of violating obscenity laws.
oProfane and indecent speech is generally protected by the first amendment, except:
Free, over the air broadcast media (tv and radio)
In schools.

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First amendment

commerical speech

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•Advertising for illegal activity, and false and deceptive ads are not protected by the First Amendment.
•Even true commercial speech that inherently risks deception can be prohibited.
oStates may prevent professionals from advertising or practicing under a trade name.
oStates may prohibit attorney, in-person solicitation of clients for profit.
Lawyers who advertise as debt relief agencies can be required to give info about legal status and nature of assistance provided and the possibility of the debtor filing for bankruptcy.
oThe government may not prohibit accountants from in person solicitation of clients for profit.
•Other commercial speech can be regulated by the government if intermediate scrutiny is met.
•Government regulation of commercial speech must be narrowly tailored, but it does not need to be the least restrictive alternative.

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First amendment

defamation

Back 40

•If the P is a public official or running for public office the P can recover for defamation only by proving with clear and convincing evidence the falsity of the statement and actual malice, meaning that the d knew the statement was false or acted with reckless disregard of the truth.
•If the P is a public figure, the P can recover for defamation by proving falsity of the statement and actual malice.
•If the P is a private figure and the matter is of public concern, a state may allow the p to recover compensatory damages for defamation by proving falsity of the statement and negligence by the D, that is that the speaker was not as careful as a reasonable speaker should have been. However, the P may recover presumed or punitive damages only by showing actual malice.
•If the P is a private figure and the matter is not of public concern, the P can recover presumed or punitive damages only by showing actual malice.
•If the P is a private figure and the matter Is not of public concern, the P can recover presumed or punitive damages without proving actual malice.

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First amendment

privacy

Back 41

•A state may not create liability for the truthful reporting of information that was legally obtained from the governments records.
•The media may not be held liable for broadcasting a tape of an illegally intercepted and recorded call, so long as the media did not participate in the illegality and it involves a matter of public importance.
•The government may restrict its own dissemination to protect privacy. The only instance where the public has a first amendment right to attend government proceedings and have access to government papers is for criminal trial and pretrial proceedings.
•Speech by government employees on the job in the performance of their duties is not protected by the first amendment.
•Other government restrictions based on the content of speech must meet strict scrutiny.

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First amendment

what places are available for free speech?

Back 42

•Public forums (parks/sidewalks)- these are government properties that the government is constitutionally required to make available for speech.
oRegulations must be subject matter and viewpoint neutral, or if not strict scrutiny must be met.
oRegulations must be a time, place, or manner regulation that serves an important government purpose and leaves open adequate alternative places for communication.
oGovernment regulation of speech in public forums need not use the least restrictive alternative.
oPermit fee requirements for parades or demonstrations are unconstitutional if city officials have discretion in setting the amount of the fee.
•Designated public forums- these are government properties that the government could close off to speech, but chooses voluntarily to pen to speech. The same rules apply as for public forums.
•Limited public forums- government properties that are limited to certain groups/dedicated to discussion of certain subjects. The government can regulate speech in limited public forums so long as the regulation is reasonable and viewpoint neutral.
•Non-public forums- these are government properties that the government constitutionally can and does close off to speech. The government can regulate speech in non-public forums so long as the regulation is reasonable (which means meets rational basis test) and viewpoint neutral.
oMilitary bases, areas outside prisons and jails, schools- public law schools may require extra curricula student groups funded by student activity fees to accept all students, sidewalks on post office property, airports- solicitation of money (not distribution of literature).
•There is no first amendment right of access to private property for speech purposes. (shopping centers).

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first amendmnet

free association.

Back 43

Laws that prohibit or punish group membership must meet strict scrutiny.
•To punish membership in a group it must be proven that the person:
o(a) is actively affiliated with the group, (b) has knowledge of the groups illegal activities; and (c) has the specific intent of furthering those illegal activities or objectives.
Laws that require disclosure of group membership, where such disclosure would chill association, must meet strict scrutiny.
Freedom of association does not protect a right to discriminate, unless its intimate association where the discrimination is integral to an expressive activity. Except: intimate association, and where discrimination is integral to the expressive activities of the group.

Front 44

first amendment

freedom of religion

Back 44

The free exercise clause-
•The free exercise clause cannot be used to challenge a neutral law of general applicability
•The government may not deny benefits to individuals who quit their jobs for religious reasons
The establishment clause
•“SEX” There must be a SECULAR purpose for the law
oThe primary EFFECT must be neither to advance nor inhibit religion.
oThere must not be eXcessive government entanglement with religion.
•The government cannot discriminate against religious speech or among religions unless strict scrutiny is met.
•Government sponsored religious activity in public schools is unconstitutional. But religious student and community groups must have the same access to school facilities as non-religious groups.
oSchool prayer, even if voluntary, is not allowed; not even a moment of silent prayer is allowed.
•The government may give assistance to parochial schools, so long as it is not sued for religious instructions. The government may provide parents vouchers which they use in parochial schools.