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6 Cards in this Set
- Front
- Back
Rational basis
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Govt law/reg/action upheld if it's rationally related to a conceivably legitimate govtal purpose.
BProof: challenger- prove irrational. |
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Intermediate Scrutiny
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Govt law/reg/action upheld if it's substantially related to an actual important govtal interest.
BProof: govt. |
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Strict Scrutiny
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Govt law/reg/action upheld if it's narrowly tailored to achieve a compelling govtal interest.
BProof: govt. |
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Religion: Free Exercise Clause
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Govt can't specifically punish or interfere w/rel. beliefs, but can incidentally burden rel. practices by general regulations of conduct. Safety regs are ok, if general + not targeting specific religion.
-EXCEPTIONS: a) relig. based denials of unemploymt compensation benefits b) relig. education outside public school sys. |
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Religion: Establishment Clause
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1) Govt discrim vs. rel. or among rel. is SS
2) Non-discrim. reg: Lemon 3-part test a) serve secular purpose b) primary effect must not advance/inhibit rel. c) must not create excessive govtal entanglement w/a rel. administration/bureaucracy. 3) $ to rel. institutions: govt must remain neutral b/w rel. + secular private school choices. -$ to schools directly: problem -$ thru parents: ok b/c choice 4) Rel. activity in public schools: "equal access" rule- distinction b/w sponsorship of rel. vs. accomodation of rel. exercise. The More sponsorship, more UNCON. More access to group, more CON. |
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Press
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1) Scrutiny: special regs/taxes targeting media specifically must meet SS.
2) Media publish unlawfully obtained info if: a) info truthful and of public concern. b) media didn't obtain unlawfully or know who did c) original speaker of truthful info had reduced expectations of privacy 3) Stds of Review a) C-based reg of all media: SS b) C-N reg of print, internet, & cable tv: SS c) C-N reg of radio & tv: intermediate. |