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80 Cards in this Set
- Front
- Back
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CON LAW:
Fundamental Questions |
What power is being exercised?
-Judicial -Legislative -Executive -State Is there state action? Is the exercise of power constitutional |
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Judicial Power:SCOTUS
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Original J: Cases involving ambassadors, public ministers, consuls and where a state is a party. Congress can neither enlarge nor restrict the scope.
Appellate: Any fed. ct. decision that holds fed. statute invalid where U.S. is a party; where Ct. of App holds ANY statute unQ, when an act of Congress requires a case to be heard by a 3 judge district ct. panel and it grants or denies injunctive relief. State's highest ct.: St. courts hold fed. statute or treaty invalid OR upholds state statute versus Q or a fed. statute/treaty Certiorari: -Fed: any federal court of appeals case -State: where state court upholds federal statute/treaty OR holds state statute uNQ or invalid against a federal statute or treaty. |
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Limitations on Judicial Power
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-Standing
-Abstention -Mootness -Ripeness -Advisory Opinion -Political Question |
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Standing in General
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Significant stake in the controversy PLUS injury in fact.
Is the injury in fact CONCRETE and INDIVIDUATED? Will the relief redress the injury? Where P is a federal taxpayer, a logical nexus between the taxpayer and the claim is required: Taxpayer standing has been found only where P was challenging aid to religion under the Establishment Clause (Flast v. Cohen) |
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Third Party Standing
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Generally, one cannot assert third party rights EXCEPT where P has been injured as well (shares the injury with the 3rd party) AND 3rd party finds it difficult to assert own rights. OR injury to P adversely affects his relationship w/3rd parties resulting in an indirect violation of P's own rights.
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3rd Party Standing: Organizational Standing
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Organization has standing IF and ONLY if:
1) injury in fact to members 2) Injury related to organization's purpose 3) Individual member's participation in lawsuit is not necessary. |
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Mootness
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Case is moot if litigant no longer has an ongoing stake in the controversy UNLESS:
-Issue is capable of repetition yet evading review (e.g. pregnancy) OR -where there is reasonable expectation that P or P's class will be subjected to the same action again--as where D has voluntarily ceased his actions, but is free to resume them. |
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Ripeness
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Some real harm has occurred or an immediate threat of harm exists. Issue is RIPE for review and unavoidable for decision of the case.
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Advisory Opinion
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Court will not render decisions where enforcement of a law is neither actual nor threatened.
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Political Questions
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Court will not decide those issues committed by the Q to another gov't branch, and those incapable of resolution and enforcement by judicial process.
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Abstention
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Where federal Q claim is based on an unsettled point of state law, fed ct should abstain temporarily to allow state courts to settle underlying state law question and therefore avoid needless address of a Fed. Q question.
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Independent State Grounds
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SCOTUS will refuse J if it finds adequate and independent non federal grounds to support the state court's decision.
BUT: If any federal grounds were relied upon, then SCOTUS can review (if state ct. even mentioned fed. law) Independent grounds cannot be sheltered by state procedural rule which in bad-faith prevents determination of federal claims. -Federal court will not enjoin a pending state criminal proceeding UNLESS harassment or bad faith prosecution is shown. |
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11th Amendment
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Prohibits fed. ct. hearing damages claim against STATE gov't.
-Applies only to state govt's. Not to lesser state divisions (counties, cities, municipalities.) -Does NOT apply to state courts. -State can consent to be sued OR Congress can strip state of immunity under 14th Am. HOWEVER: Congress' legislative powers under Article I do not include the power to abrogate state immunity under the 11th Am. |
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Fed. Ct. Barred from hearing damages claims between
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-Citizens of State X vs. State Y
-Citizens of State X vs. State X. -Foreign Citizens v. State X. |
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Federal Court suits against state officers
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-Fed. ct. may enjoin state officers from future actions re: federal law.
-State officers may be sued as individuals (known as the stripping doctrine) |
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Fed J over state officers
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Section 1983 permits state officers to be sued in federal court for acting illegally under color of state law: Two critical elements
A person subjected the plaintiff to conduct that occurred under color of state law; and 2) This conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution. |
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LEGISLATIVE POWER: Generally
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Congress can exercise only those powers enumerated in the Q and auxiliary powers that are necessary and proper to carrying them out.
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Legislative Powers;
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-Commerce power
-Aliens, naturalization and citizenship -Foreign affairs power -Election regulation power -Spending power -War power -Enforcement of Civil Rights -Property Power -Taxing Power -Delegation Powers -Other Powers |
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Commerce Power: Legislative Powers
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Congress may regulate any activity if there is a rational basis supporting the Congressional belief that a regulated activity AFFECTS interstate commerce. The means selected by Congress must be REASONABLY ADAPTED to the end sought to be achieved.
-Stream of commerce -Impact on commerce -Congress can also consider AGGREGATE IMPACT on interstate commerce. -The "Dormant Commerce Clause" States may regulated local transactions which do not unduly burden interstate commerce. NOTE: If Congress attempts to regulate non-economic intrastate activity, the federal gov't must who that the activity in fact affects interstate commerce. |
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Aliens, Naturalization and Citizenship: :Legislative Powers
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Congress has the EXCLUSIVE federal power to regulate immigration
-Citizens: Congress cannot take away citizenship of any citizen without her consent (14th Am.) although a citizen's intent to relinquish citizenship can be expressed by words or conduct. LPRs: Congress can provide ANY grounds for deportation, but resident has a right to notice and a hearing before deportation. Non-Resident Aliens: Congress can provide ANY grounds for exclusion or deportation. |
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Foreign Affairs Power
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Congress has broad powers relating to foreign affairs (e.g. regulating foreign commerce, ratifying treaties)
States cannot frustrate foreign policy objectives. |
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Election Regulation Power
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Congress has the power to protect eligible voters in ANY state or federal election from discrimination
-15th Am: No discrimination based on race or previous condition of servitude -19th Am: No discrimination based on sex. -26th Am: No age discrimination -24th Am: No discrimination based on poll-tax. Voter's Rights Act: Sanctions for violations. |
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Spending Power
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Congress may spend for any purpose reasonably related to the general welfare of the nation
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Test for validity under Spending Power
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1) National problem?
2) Reasonable means selected to solve problem under Necessary and Proper clause 3) Strings may be attached to financial grants IF: -Strings are reasonably related to accomplishment of general welfare -Require actions that Congress could have properly demanded under enumerated powers -Conditions are not unconstitutional or ambiguous. |
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War Power
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Congress has the power to:
-Declare war -Raise and support armies -Naval power -Prepare for future war -Institute economic / social controls in wartime. |
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Enforcement of Civil Rights
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Congress can enforce civil rights through the 13th, 14th, 15th Ams, the commerce power, war power, taxation power, fiscal power, and spending power.
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Property Power
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Congress can make all needful rules and regulations regarding federal land:
-Power to control occupancy and use of such land -Restrictions against trespass or injury thereto -Restrictions on private exploitation of resources/wildlife. |
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Taxing Power
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Congress can tax. (duh.) A tax measure will be upheld if it bears some reasonable relationship to revenue production or if Congress has the power to regulate the taxed activity.
Tax cannot be a penalty, and the court will look to see if substantial revenue is produced. If so, court will NOT scrutinize purpose. |
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Other Powers:
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Postal: Congress can establish post office, post roads and place reasonable restrictions and classifications on teh use of mail, but cannot deprive any citizens of general mail privilege, or regulate mail in a way that abridges 1st or 4th Amendments.
Fiscal Power: Congress can coin money & regulate its value by establishing banks, federal reserve system, credit system, and regulate all finance under the necessary and proper clause. Bankruptcy: Congress can establish bankruptcy laws. Shared with the states. Admiralty: Congress can regulate all navigable waterways. Patent and Copyright |
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Delegation Power:
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Congress can delegate legislative powers to executive officials or administrative agencies, but to be delegable, the power must not be uniquely confined to Congress, and the delegation must include intelligible standards for action by the delegate.
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Chadha Limitation
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Typical one-house legislative vote was unconstitutional because it violated both the president's veto power and the bicameral structure of Congress. (Congress had delegated duty to Atty Gen but retained power to veto by vote of one house.) Ct. said that Q requires that both houses must pass a bill before it becomes law--presentment clause requires that every bill be presented before it becomes law--presentment clause requires that every bill be presented to POTUS for his signature, so that he has the oppty to veto. Only time that one house can act alone is where the Q so provides.
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Presidential Powers-Generally
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War Power
Executive Agreements and Privileges Treaty Power Pardon Power Foreign Affairs Legislative Power |
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War power: Presidential Powers
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President is commander in chief of the armed forces and can act militarily against hostilities, establish military gov't in occupied territories, and has the power to satisfy treaty obligations
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Executive Agreements and Privileges (Presidential Powers)
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Executive agreements can be made by the president alone. Such agreements supercede inconsistent state law, but not congressional acts that are inconsistent.
Executive Privilege: President has executive privilege to protect confidentiality of Presidential communications, but privilege must yield to need for such information as admissible in a criminal caseto which they are RELEVANT. POTUS also has complete immunity from civil damages for actions within official responsibility. however, POTUS has no immunity from private suits in federal court for conduct that allegedly occurred before he took office. (Clinton v. Jones) Aides may be liable if they are acting within their discretionary authority; otherwise they are granted qualified immunity against civil actions. |
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Treaty Power
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President can enter treaties provided that 2/3 of senators present concur.
Treaties supersede inconsistent state law; where a treaty conflicts with federal law, the last in time prevails. Treaties cannot conflict with Q |
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Pardon Power (Presidential Power)
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President can grant reprieves and pardons for offenses against the U.S. except in cases of impeachment and cannot be limited by Congress.
Applies before, during and after trial, and extends to criminal, but not civil, contempt. |
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Foreign Affairs (Presidential Power)
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President's power to represent and act for the U.S. in day-to-day foreign relations is broad; no significant judicial control has yet been exercised.
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Veto Power (Presidential Power)
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Every act of Congress shall be approved by the President before taking effect, unless passed over his disapproval by 2/3 majority of each house.
President has 10 days, not counting Sundays, to exercise his veto power. If he fails to act within that time, then the bill becomes law unless Congress adjourns--Pocket veto. |
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Legislative Power (Presidential Power)
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President can advise Congress on state of nation, recommend measures to Congress and has a duty to "take care that the laws be faithfully executed."
He has no legislative powers re: internal affairs, and no power to impound funds, but IMPOUND CONTROLS ACT holds taht if POTUS withholds money, simple resolution by either house requires President to spend, OR if POTUS proposes termination/cut, then President can impound only if Congress enacts new statute, rescinding prior appropriation. |
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State Power
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Constitution does not limit state legislative power unless it has been preempted by federal law, is unQ, or is contrary to an implied Q limitation on state power.
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State Regulation of Federal Activities
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If there is NO conflicting federal statute, and the statute regulates an area which is EXCLUSIVELY regulated to Congress, then states may NOT regulate if such regulation would interfere substantially with federal policies, OR the effective performance of federal functions.
If there is a conflicting federal statute, then general federal law preempts state law. If unclear, look to the following factors: -Is there an intent to eliminate all state regulation in the same field? -Is national uniformity necessary to effectiveness? |
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Interstate commerce: Must pay its own way if:
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Tax does not discriminate against Interstate Commerce.
Tax is fairly apportioned to reflect benefits and protections taxpayer has acquired in the taxing state. Must be a fair relationship between taking state and taxed business. |
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Sales Tax and Use
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Out of State Buyer, In State Seller: Sales tax may be collected ONLY if sale occurs WITHIN state.
In State Buyer, Out of State Seller: In order to force seller to collect a sales tax, due process requires sufficient contacts between seller and state. |
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Ad Valorem: Tax on Interstate Commodities and Instrumentalities
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Commodities: State may tax commodities in the course of interstate commerce when they are NOT in the course of Interstate Transportation.
Interstate transportation begins when the good is delivered to a carrier, and ends when goods reach their destination. Interruptions in transit do not break the flow, unless break was intended to end/suspend the shipment. Instrumentalities: Must be sufficient contacts with the state to justify the tax + proper apportionment based on contacts. |
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State Regulation / Taxation of Foreign Commerce
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For all practical purposes, the power to regulate foreign commerce is the EXCLUSIVE jurisdiction of the Congress.
With a few minor exceptions: -States can regulate local aspects of port pilotage, and navigation of ships in foreign commerce (aspects such as safety or handling of goods.) |
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State Taxation of Foreign Commerce
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States are forbidden from imposing tax on goods after they have entered the Export Stream. Commodities sold to FOREIGN purchasers enter the export stream (and are hence exempt from tax) ONLY after it is certain taht the goods are headed for foreign lands.
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Instrumentalities of Foreign Commerce
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State cannot impose an ad valorem property tax on instrumentalities unless:
1) Complete Auto test is met 2) Tax does nto create a substantial risk of multiple taxation on international trade 3) Does not interfere with U.S. power to speak with a single voice in foreign trade matters. 4) Container Cargo case: held that multiple taxation always exists, and this does not interfere with fed's power to speak. |
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Imports
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Congress has exclusive power but a non-discriminatory ad valorem property tax on all goods located within the state (including imported goods) is permitted IF:
1) Tax does not restrain ability of fed. gov't to conduct foreign policy 2) Tax compensates state for services adn protection and doesn't divert revenue from the feds. 3) Tax does not produce interstate rivalry by taxing goods that merely pass through the state. |
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State Action Limitations
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The "state action" limitation means that the 14th and 15th Amendments do not apply, of their own force, in the absence of congressional action, to purely private action.
Look to: -Public functions -Licensing -Encouragement -Aid -Shelly v. Kramer |
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Public Functions
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Law-making actions by cities, counties, state run institutions and actions of state officials regarding official duties.
Company owned towns are treated as any other town. Shopping center is not a public function (Pruneyard Shopping Center) |
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Licensing
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Licensing, granting of a monopoly and heavy regulation are not state action.
Acts which constitute government services/licensing regulations do not generally give rise to "state action" A private club licensed by the state to sell liquor can maintain a racially discriminatory policy, free from 4th Am, so long as the state does not encourage that policy. |
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Encouragement
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Whenever the state affirmatively facilitiates, encourages, or authorizes discrimination by citizens.
Nursing home operated by private corp did not exercise state action when it discharged Medicaid patients, even though its operation was extensively regulated by gov't. Formulation and adoption of rules of a private entity by state did not constitute state action. (NCAA v. Tarkanian) |
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Aid
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Excessive state financial entanglement may constitute state action. State's ownership/ construction of building where lessee discriminated against blacks constituted state action, since maintenance of facility was paid for iwth public funds and state got higher rent since restaurant catered only to whites.
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Shelley v. Kramer
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The 14th Am erects no shield against merely private conduct no matter how discriminatory or wrongful."
State enforcement of restrictive covenants prohibiting sale/lease to black against one who sought relief from enforcement (white) constituted state action. Shelley limited to situations where decree orders one to practice racial discrimination involuntarily: private choice to be an asshole is still a valid choice. In other words, you can put a racially restrictive covenant on your piece of property, but don't expect the courts to enforce it for you. |
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Q Limitations
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-Procedural Due Process
-Retroactive Legislation -Equal Protection -Substantive Due Process -Economic: Unreasonable Regulations -Taking without Just Compensation -First Amendment ---Freedom of Association ---Freedom of Religion ---Freedom of the Press -Immunities -Irrational Presumption -Civil Rights -Contracts Clause |
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Procedural Due Process
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"Is there an intentional deprivation of a significant life, liberty or property interest so that the due process clause applies" must have a legitimate claim to benefit--more than a mere expectancy.
"If there is a deprivation and the right to it is not knowingly and intelligently waived, what procedures are required to assure fundamental fairness? Whether a prior evidenciary hearing is required and the extent of procedural requirements is determiend by weighing: -Severity of the harm to the litigant -Risk of error if procedures are not granted -Administrative difficulty -Cost of providing added procedures |
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Procedural Due Process: Specific Issues
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-Welfare Benefits: Notice + Prior hearing + Judge (Counsel Permitted)
-Disability Benefits: Notice + Opportunity to Respond + Subsequent Hearing. -Public Employment Removal for Cause: Notice + Subsequent Hearing. -Public Education: ---Disciplinary suspension (10 days or less): Notice and opportunity to respond unless student is dangerous. ---Corporal punishment: No. ---Academic Dismissal: Notice + Opportunity to Respond. |
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Retroactive Legislation
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Ex Post Facto Laws:
Congress/states cannot create new crime, increase punishment or reduce required evidence for past conduct (N/A to procedural changes in the law) Bills of Attainder: Congress cannot pass legislative acts punishing one or more individuals without benefit of a judicial trial Where past conduct acts to define who those persons are e.g. bill making it a crime for communist party member to be an official in a labor union. |
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Equal Protection
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The 14th Am. prohibits the states from denying to any persion within their jurisdiction the "equal protection of the laws." This constitutional protection is binding on the fed impliedly through the 5th Am.
What standard applies? "Can the gov't meet its burden? -Strict scrutiny -Intermediate scrutiny -Rational Basis Test |
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When to apply Strict Scrutiny
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When gov't action creates a class based on suspect criteria so as to command extraordinary protection from the majoritarian political process OR when the government action abridges a fundamental right, then the classification is subject to strict scrutiny under which:
-The gov't has the heavy burden of showing a compelling gov't interest served by the least drastic means and the usual presumption of Constitutionality is shed. |
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Fundamental Rights
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--Right to Privacy: Traditional family relationship, abortion, contraception/reproduction
--Right to Interstate Travel: Watch out for waiting periods that withhold basic necessities (welfare, free medical care--although reasonable waiting period for non-necessities: e.g. divorce, voting may be permissible.) Welfare CAN be limited to residents. ---Right to vote and restrictions on the right of persons to be candidates: Any interference iwth the right to vote, poll tax, limited voting, political gerrymandering enacted to supress voting power "one person, one vote." |
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Suspect Criteria: Race
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Facially discriminatory laws are subject to strict scrutiny (Brown v. Board) as are laws which are facially neutral but discriminatory as applied. (Yick Wo v. Hopkins) Discriminatory impact alone is insufficient to raise strict scrutiny (Washington v. Davis) but rises to the level of suspect criteria if coupled with a discriminatory purpose.
Gov't action that favors racial or ethnic minorities is subject to strict scrutiny, as is gov't action that discriminates against minorities. However, if the gov't has engaged in racial discriination, it may employ a race-conscious remedy tailored to end the discrimination or eliminate its effects. Even where gov't has not discriminated, it may have a compelling interest in affirmative action and the action must be narrowly tailored to the interest. |
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Suspect Criteria: Alienage
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State classifications which discriminate against aliens are subject to strict scrutiny, unless the law discriminates againt intimate alien participation in state gov't. Because of Congress' plenary power over aliens, federal alienage classifications are not subject to strict scrutiny. Such classifications are valid if they are not arbitrary and unreasonable.
Undocumented aliens are not a suspect class, and therefore the Rational basis test applies. However, denail of a free public education to undocumented immigrant children. |
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Intermediate Scrutiny
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When gov't action creates a class based on gender based discrimination cases of proving an "exceedingly persuasive justification is required" in order to show that the gender discrimination is substantially related to an important government interest.
Gender discrimination is not subject to a "heightened scrutiny" standard of review. NOTE: only head/master of house statutes invalid, but men-only alimony, statutory rape, draft have been upheld. Affirmative action statutes that give women an advantage over men in areas where women were once disadvantaged are valid. Legitimacy: Court will not uphold discriminatory legislation intended to punish the offspring of illicit relationships. |
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Rational Basis Test
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When gov't action creates a class not based on suspect criteria, gender or legitimacy, then the classification must only have a conceivable rational basis, and the challenging party has the burden of proving that it does not.
Economic Legislation: If any state of facts reasonably can be conceived to sustain legislation, the existence of that state of facts at the time the law was enacted will be presumed. |
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Substantive Due Process
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Where a fundamental right is limited, the law, (or other government action) must be necessary to promote a compelling state interest. 5th Am. Due Process and 14th Am Due Process clauses.
FUNDAMENTAL RIGHTS: -Interstate Travel -Privacy: Reproduction, abortion, contraception, traditional family, voting, |
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Irrebuttable Presumption
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Irrational presumption of facts violates DP.
-Determine the right or classification affected by the irrebuttable presumption If right is Q protected, presumed facts are invalid unless necessarily and universally true. If right is not protected, presumption is valid if rationally related to a legitimate state goal. |
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Taking Without Just Compensation
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5th Am: Private property shall not be taken for public use without just compensation (applicable to states through the 14th Am.)
-Is there a taking? -Is the taking for a public purpose? Safety Health Economic Political Social welfare Aesthetics Moral ends IF there is a taking for a public purpose, then just compensation --fair market value--at the time of the taking must be paid. Notice and hearing are required for the amount of compensation. |
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First Amendment
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Speech: "Congress shall make no law abridging the freedom of speech." (applicable to the states through the 14th Am.)
Determine whether the law attempts to regulate speech. If the law attempts to regulate the content of speech, it is invalid unless it falls within the following categories (or government can demonstrate a compelling state interest) -Does the law protect a content-neutral interest -Does the law constitute a prior restraint? -Is the law vague or overbroad -Does the law force a person to speak. |
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Determine Whether the Law Attempts to Regulate Speech
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-On its face, does the statute attempt to regulate speech?
-As applied to the facts, does the statute in fact regulate speech? -If the law attempts to regulate the content of speech, it is valid only if the government can demonstrate a compelling state interest UNLESS it falls into one of the following categories: -Clear and present danger -Obscenity -Defamation -False or Deceptive Advertising |
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Clear and Present Danger
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Speech which advocates conduct that is illegal may be constitutionally punished only if:
-The speech advocates ACTIONS as distinguished from belief (note: depends on SPECIFICITY) -Speech amounts to an incitement of illegal action. -Intent of speech is to incite illegal action. -Likelihood of imminent illegal action -Fighting Words: Insults directed to the person of the hearer, likely to provoke the ordinary person to violence. |
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Obscenity
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-Materail must be such that an average person applying contemporary comunity standards woudl find that the material, taken as a whole, appeals to the prurient interest in sex.
-Material must depict sexual content in a way that is patently offensive according to contemporary community standards. -The work, taken as a whole, must lack any LAPS (literary, artistic, political or scientific) value. Miller v. CA -Pandering cases: D can introduce evidence in the form of reviews to show that the film has serious value. This may entitle D to a directed verdict. -Child pornography: May be completely banned; zoning cannot be zoned out of existence. -Private possession of obscenity: Protected only in the home, but not elsewhere |
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Defamation
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Public Figure: Must prove constitutional malice (knowledge of falsity or reckless disregard) NY Times v. Sullivan
Public figure achieved fame or voluntarily sought publicity Private Figure: must prove: -Malice + no actual damages = Punitive damages recoverable. -Negligence + actual damage = no punitive damages |
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False / Deceptive Advertising
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False light: Apply defamation rules
Misleading: (false or deceptive) advertising adn proposals of unlawful transactions are not protected. -Commercial Speech Test: If the speech is lawful, and not misleading, a regulation is VALID IF: -Serves a substantial gov't interest -Directly advances the interest -Narrowly tailored to the interest served. |
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Does the law protect a content neutral interest?
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-Law must be content neutral (no discretion!)
-law must futher a compelling state interest -Least drastic means -Must leave open alternatie channels of communication -Symbolic speech can be regulated as to conduct, but not as to content. -Sign regulations -For Sale signs can't be prohibited -Complete ban on all commercial billboards is valid, but, ban on non-commercial billboards invalid> Consdier: compelling interest, traffic safety and aesthetics. -Total ban on all signs on public property permissible. |
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Public Forum
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Regulation allowed only if content-neutral, narrowly tailored to meet a SIGNIFICANT government interest and alternative channels of communication are available.
-Sidewalks are a public forum, but inside the Supreme Ct. building is not. -Letter/mailbox at a business or residence is not, nor is a school mail system -Distribution of literature at a state fair may be limited to fixed locations -City bus, public school, gov't workplace or military base (unless a public thoroughfare) are not public forums |
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Does the Law Constitute a Prior Restraint
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-Censorship of speecy by advance screening or licensing is generally disfavored and bears a "heavy presumption against constitutional validity"
-Pentagon Papers case: Injunction vs. newspaper held invalid; gag order on media re: criminal trial valid only where order is the only means of insuring a fair trial -Obscenity Cases: Any injunction or large seizure must be preceded by hearing. Procedure required: -Licenisng official has burden of instituting proceedings. -Prompt judicial decision on the merits. -Censor has burden of proving matter is obscene -Standards for denial of license / permit are REASONABLE and DEFINITE |
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Is the Law Vague or Overbroad?
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Vague: Due process requires that a statute be drafted such that a person of ordinary intelligence can understand what it prohibits. A vague statute may result in censorship of speech, since people who cannot understand a statute may censor their speech (Prior Restraint)
Overbroad: A law is overly broad if it punishes speech that is constitutionally protected along with speech that can validy be punished and the law has not been given a narrowing interpretation to cure the defect. The concern is for the potential for punishing protected speech. D can attack overbraod statute on the ground that the other person's conduct prohibited by the statute would be Q protected. |
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Does the Law Force a Person to Speak?
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The essence of the 1st Amendment is that each person is free to think or believe anything he pleases. This freedom of thought includes a right to refrain from speaking or endorsing beliefs on disagrees with.
-State cannot force children to salute the flag -State cannot force motorist to display state motto. |
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Freedom of Association
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Although the 1st Am. does not expressly mention a right to association, the right to join together with others for expressive or political activity is protected by 1st. Am. subject to the compelling state interest test:
-Government interest -Degree of invasion -Least drastic means. |
