Conlaw Ii

Front 1

What is procedural due process

Back 1

the procedures that the government must take when it takes away a persons life, liberty or property

Front 2

what is substantive due process

Back 2

does the government have an adequate reason for taking away a persons life liberty or property

Front 3

in which two areas is substantive due process used

Back 3

to protect economic liberties and to safeguard privacy

Front 4

What is equal protection

Back 4

is the governments differences in the treatment of people are adequately justified

Front 5

what if the claim is that the person did not get the right procedures and the remedy sought is better procedures

Back 5

procedural due process

Front 6

what if the claim is that rights were violated

Back 6

substantive due process

Front 7

What if the claim is that a person was treated differently than others who are similarly situated

Back 7

Equal Protection

Front 8

what are the two basic procedural due process questions

Back 8

has there been a deprivation of life liberty or property and, if there has, what procedure is required

Front 9

what is a loss of liberty

Back 9

a loss of a significant freedom provided by the constitution or a statute

Front 10

what kind of law creates liberty interests

Back 10

written

Front 11

what is required before an adult can be institutionalized other than in an emergency

Back 11

notice and a hearing

Front 12

what if it is a parent institutionalizing a child

Back 12

screening by a neutral fact finder

Front 13

is harm to reputation by itself a loss of liberty

Back 13

no

Front 14

do prisoners have liberty interests

Back 14

rarely

Front 15

when does a deprivation of property occur

Back 15

when a person has an entitlement and that entitlement is not fulfilled

Front 16

exam tip – answers involving rights vs privileges

Back 16

always wrong

Front 17

when does an entitlement exist

Back 17

when there is a reasonable expectation to continue receipt of a benefit

Front 18

government promises a job will last a year and then the person is fired in mid year

Back 18

that would be an entitlement since the person expected that the job was going to last for the whole year

Front 19

is government negligence sufficient to support a claim of due process violation

Back 19

as a general rule no

Front 20

what is required for a government to be liable in an emergency situation

Back 20

intent to cause harm, shocked the conscience

Front 21

does the government have a duty to protect people from privately inflicted harm

Back 21

no

Front 22

when does the government have the duty to provide protection

Back 22

only when a person is in physical custody or if the government creates the risk

Front 23

what is the three part balancing test to determine what procedures are required when a person has been deprived of life, liberty or property

Back 23

importance of the interest to the individual, ability of additional procedures to increase the accuracy of the fact finding, government interest

Front 24

what is usually the governments interest

Back 24

saving money

Front 25

what due process is required before welfare benefits may be discontinued

Back 25

notice and a hearing

Front 26

what due processes you wired before Social Security benefits may be discontinued

Back 26

Only post discontinuation hearing

Front 27

what due process when a student is disciplined by a public school official

Back 27

must be notice of the charges and an opportunity to explain

Front 28

does corporate punishment in public schools require any due process

Back 28

no

Front 29

what do process is required when a parent is to be permanently deprived of custody of a child

Back 29

notice and a hearing

Front 30

what do process do punitive damages require

Back 30

instructions to the jury and judicial review

Front 31

are grossly excessive damages in violation of due process

Back 31

yes

Front 32

does an American citizen held as an enemy combatant have a right to due process

Back 32

yes

Front 33

does prejudgment attachment or government seizure of assets required due process

Back 33

requires pre seizure notice and hearing except in exigent circumstances

Front 34

What do process is required for prejudgment attachment or seizure of property

Back 34

pre-attachment notice and hearing

Front 35

what are exigent circumstances

Back 35

if there is reason to believe that the person will get rid of the property if they are notified before attachment

Front 36

what do process is required for exigent circumstances in the case of attachment or seizure of property

Back 36

post seizure notice and hearing

Front 37

can the government seize property that was used in illegal activity even if it has an innocent owner

Back 37

Yes

Front 38

exam tip, for a due process questions on the essay

Back 38

section discuss the three-part balancing test even if there is no deprivation of life liberty or property

Front 39

what standard of review is used for analyzing economic liberty problems

Back 39

rational basis

Front 40

what is the takings clause

Back 40

the government may take property but it must pay reasonable compensation

Front 41

what is the analysis for the takings clause

Back 41

was there taking, is it for public use, is just compensation paid

Front 42

what are the two ways of finding a taking

Back 42

possessory, regulatory taking

Front 43

doesn't possessory taking depend on the size of the property taken

Back 43

no

Front 44

what is a possessory taking

Back 44

The government occupies it confiscates it

Front 45

what is a regulatory taking

Back 45

government leaves no reasonable economically viable use for the property

Front 46

if the government regulation decreases the value of the property is it taking

Back 46

no

Front 47

if there is a benefit to the government can it still be a regulatory taking

Back 47

yes if the benefits to the government is not roughly equal to the hardship on the property owner

Front 48

can a property on brilliant takings case against the government even though a regulation was in place at the time of purchase

Back 48

yes

Front 49

is temporarily taking a property considered taking

Back 49

no so long as the government's actions are reasonable

Front 50

can the government take property if it is not for public use

Back 50

no

Front 51

what would be considered a public use

Back 51

so long as the government acts out of a reasonable belief that the taking will benefit the public

Front 52

what is just compensation

Back 52

lost to the owner in reasonable market terms, the gain to the taker is irrelevant

Front 53

where is the contracts clause found

Back 53

section 1 article 10

Front 54

for state and local governments prohibited from interfering with contracts that have not been made yet

Back 54

no the contracts clause only applies to contracts that have already been made

Front 55

does the contracts clause applied to the federal government

Back 55

never

Front 56

If the federal gov were interfering with an established contract would the contracts clause apply

Back 56

no

Front 57

how could the fed gov be challenged when interfering with an existing contract

Back 57

due process rational basis review

Front 58

could a state or local gov interfere with or negotiate a contract that has not been entered into yet

Back 58

yes

Front 59

what is the standard of review applied when a challenge is brought under the contracts clause

Back 59

intermediate scrutiny

Front 60

what is intermediate scrutiny when applied to the contracts clause

Back 60

initially the court has to determine whether or not there has been a substantial interference with rights under the contract, then is the governments actions reasonable and narrowly tailored to achieve a legitimate and important government interest

Front 61

how is intermediate scrutiny when applied to the contracts clause different than intermediate scrutiny else wise

Back 61

traditional intermediate scrutiny looks at whether the gov policy is serving an important gov interest in a way that furthers that interest, when applied to the contracts clause the inquiry is reasonableness of the action, is it narrowly tailored to achieve a gov interest and is that interest important and legitimate

Front 62

what is traditional intermediate scrutiny

Back 62

is the policy serving a gov interest, is that interest important and is the policy furthering that interest

Front 63

in traditional intermediate scrutiny does the policy of the gov need to be reasonable

Back 63

no

Front 64

in traditional intermediate scrutiny does the policy of the gov need to be narrowly tailored

Back 64

no it just has to be serving an interest and furthering that interest

Front 65

when applied to the contracts clause does intermediate scrutiny dictate that the action be furthering the government interest

Back 65

yes in that it must be designed to achieve that interest

Front 66

which is stricter, traditional intermediate scrutiny or intermediate scrutiny as applied to the contracts clause

Back 66

as applied to the contracts clause since the action has the additional requirements of being reasonable and narrowly tailored and the interest the gov is trying to achieve has the additional burned of being legitimate as well as important

Front 67

What scrutiny is applied if a state or local government wants to modify its own contract

Back 67

strict scrutiny

Front 68

where is the ex post facto clause

Back 68

art 1 sec 9 Limits on Congress Sec 3

Front 69

what is the ex post facto clause

Back 69

“no bill of attainder or ex post facto law shall be passed”

Front 70

What is a bill of attainder

Back 70

legislation that criminalizes a person or groups of persons without judicial trial

Front 71

Does the ex post facto clause apply in civil matters

Back 71

no only criminal

Front 72

does the ex post facto clause apply to federal and state

Back 72

yes

Front 73

what is an ex post facto law

Back 73

one that criminalizes a criminal act after the act was completed or increases the punishment after the fact

Front 74

exam tip – when does ex post facto clause turn up in MPE

Back 74

often as a wrong answer for a contracts clause question

Front 75

what standard of review does an ex post facto civil law require

Back 75

rational basis

Front 76

what is rational basis review

Back 76

the gov must have a legitimate reason rationally related to the policy

Front 77

where does the authority for the fundamental right to privacy come from

Back 77

“liberty' in the due process clause

Front 78

what level of scrutiny applies when the government tries to restrict the right to privacy

Back 78

as a general rule, strict scrutiny

Front 79

is the right to marry a fundamental right

Back 79

yes under the right to privacy, requires strict scrutiny

Front 80

is the right to procreate a fundamental right

Back 80

yes under the right to privacy

Front 81

is the right to custody of ones children a fundamental right

Back 81

yes under the right to privacy

Front 82

can a state declare that a married woman's husband is the father of her children

Back 82

yes a state may create an unrebuttable presumption to that effect

Front 83

is the right to keep the family together a fundamental right

Back 83

yes under the right of privacy

Front 84

does 'family' include extended family in the context of the fundamental right to keep the family together

Back 84

yes

Front 85

what is strict scrutiny

Back 85

compelling government interest required

Front 86

would court be violating due process if it ordered grandparent visitation over parental objection

Back 86

yes

Front 87

do parents have a fundamental right to control the upbringing of their children

Back 87

yes

Front 88

is the right to purchase and use contraceptives a fundamental right

Back 88

yes

Front 89

Is the right of a woman to choose whether to terminate a pregnancy a fundamental right

Back 89

yes

Front 90

is strict scrutiny used when challenging gov action on the right to abortion

Back 90

no

Front 91

what is the only fundamental privacy right that does not require strict scrutiny

Back 91

abortion

Front 92

what is the standard of review for abortion challenges

Back 92

pre-viability/gov may not prohibit abortion but may regulate so long as no undue burden, post-viability the gov may prohibit abortions except when necessary to protect the life or health of the woman

Front 93

would a 24 hr waiting period be considered an undue burden on abortion right

Back 93

no

Front 94

is it an undue burden to require that abortions be done by licensed physicians

Back 94

no

Front 95

would a prohibition on partial birth abortions be an undue burden

Back 95

no

Front 96

can the gov ever be compelled under the constitution to provide public funds or facilities for abortion

Back 96

no, the government is never required to do so

Front 97

are spousal consent or spousal notification laws constitutional

Back 97

no they are not

Front 98

could a state require parental notification or consent for a minor to have an abortion

Back 98

yes but only if there is an alternative method whereby the minor may ask a judge to approve the abortion or to declare the minor mature enough to make the decision

Front 99

does the right to privacy include private consensual adult homosexual activity

Back 99

yes

Front 100

what is the level of scrutiny when challenging a gov prohibition on consensual private adult homosexual activity

Back 100

the court has not spoken on this point but has only declared that the gov may not criminalize the behavior

Front 101

is the right to refuse medical care a fundamental right

Back 101

competent adults yes, a state may require compelling clear and convincing evidence that a person wants medical treatment withheld and a state may limit the decision to the patient themselves

Front 102

does the right of privacy include a right to physician assisted suicide

Back 102

no

Front 103

what does the second amendment right to bear arms mean

Back 103

states have the right to maintain arms for a militia and individuals have a right to own a gun in the home for protection

Front 104

does the right to bear arms apply to state and local gov

Back 104

yes via the 14th amendment

Front 105

is there a level of scrutiny that applies to the right to bear arms

Back 105

no, the court had never said anything about it

Front 106

is the right to bear arms considered to be absolute

Back 106

no, it is OK for the gov to regulate where persons may possess guns or which persons are allowed to have them

Front 107

Where is the authority for the fundamental right to travel

Back 107

privileges and immunities clause of the 14th amendment or equal protection

Front 108

what is the level of scrutiny for gov action limiting the ability of individuals to travel freely

Back 108

strict scrutiny

Front 109

what is a durational residency requirement

Back 109

is a requirement that a person lives in the state for specified amount of time in order to qualify for benefit

Front 110

is a durational residency requirement restriction on travel

Back 110

yes strict scrutiny

Front 111

what is the maximum allowable durational residence requirement in order to qualify to vote

Back 111

50 days

Front 112

what is a level of scrutiny required for a restriction on foreign travel

Back 112

rational basis

Front 113

is the right to vote a fundamental right

Back 113

yes under equal protection

Front 114

what is the level of scrutiny required for laws that prevent some citizens from voting

Back 114

strict scrutiny

Front 115

property ownership requirements ever allowed for voting

Back 115

no

Front 116

are laws that are designed to protect the integrity of the voting process allowed

Back 116

yes so long as they are on balance desirable

Front 117

what is one body one vote mean

Back 117

for any elected body all districts must be about the same in population

Front 118

are at large elections allowed

Back 118

yes unless there is proof of a discriminatory purpose

Front 119

what is an at large election

Back 119

all of the voters vote for all of the candidates

Front 120

may race be used as a criteria for drawing districts if the purpose is to benefit minorities

Back 120

yes but must meet strict scrutiny

Front 121

are standards required to count uncounted votes in a presidential election

Back 121

yes, otherwise it would violate equal protection

Front 122

is education a fundamental right

Back 122

no

Front 123

for how many fundamental rights has the court not assigned a level of scrutiny

Back 123

3, right to bear arms, right to refuse medical treatment and right to private consensual adult homosexual activity

Front 124

what are the three parts of an equal protection question

Back 124

what is the classification, what is the level of scrutiny, does the government action meat the level of scrutiny

Front 125

dose the equal protection clause of the 14th amendment apply to the federal government

Back 125

no

Front 126

how is equal protection applied to the federal gov.

Back 126

through the due process clause of the fifth amendment

Front 127

what is the level of scrutiny whenever the government discriminates against people based on race or national origin

Back 127

strict scrutiny

Front 128

what are the two ways that a race or national origin motive is proven

Back 128

if the classification is apparent on the face of the law, or, if the face of the law is neutral then discriminatory intent and impact must be shown

Front 129

does a preemptory challenge in jury selection based on race violate equal protection

Back 129

yes

Front 130

what level of scrutiny is used in classifications that benefit minorities

Back 130

strict scrutiny

Front 131

does it matter whether a classification based on races benefiting minorities were not

Back 131

no strict scrutiny is used for all classifications based on race

Front 132

when are numeric set-asides (quota) allowed

Back 132

only when used to remedy proven past discrimination

Front 133

when may educational institution whose race is a factor in the admissions process

Back 133

what would benefit ratio of racial minorities and enhance diversity

Front 134

could additional points be added to an admissions application based on race

Back 134

No race may be used as one factor that no additional points may be added to the application

Front 135

in elementary schools and high schools use rac as a factor when assigning students to schools

Back 135

only of strict scrutiny is applied

Front 136

what level of scrutiny is used for gender classifications

Back 136

intermediate scrutiny

Front 137

what standards must be met in addition to intermediate scrutiny when gender classification is used

Back 137

Exceedingly persuasive justification

Front 138

what are the two ways that gender classification could be shown

Back 138

on the face of the statute, or if the law is facially gender neutral must shoe discriminatory result and intent

Front 139

does it matter if the gender classification benefits or disadvantages women

Back 139

no, intermediate scrutiny

Front 140

are laws that are based on stereotyped gender classifications such as who wares the pants in the family constitutional

Back 140

no

Front 141

our gender classifications that benefit women ever allowed

Back 141

yes when they are designed to correct past discrimination were inequities

Front 142

what is in an alianage classification

Back 142

when that discriminates against foreign citizens

Front 143

what level of scrutiny is used for in alianage classification

Back 143

as a general rule strict scrutiny

Front 144

when does alianage classification call for a rational basis review

Back 144

when it involves self-governing of the democratic process

Front 145

when many government discriminate against non-citizens of the United States

Back 145

voting serving on a jury being a police officer teacher or probation officer

Front 146

what level of review is used for congressional discrimination against non-citizens

Back 146

rational basis

Front 147

challenging a law discriminating against non-citizens in the context of voting serving on jury in police officer teacher or probation officer what is the standard of review

Back 147

rational basis

Front 148

would a law requiring that a notary public United States is subject rational basis review

Back 148

no strict

Front 149

the basis of review for discrimination against undocumented aliens children

Back 149

intermediate scrutiny

Front 150

letter legitimacy classifications

Back 150

discrimination against children but not married parents

Front 151

what is the level of scrutiny is used when dealing with legitimacy classifications

Back 151

intermediate scrutiny

Front 152

using the gives benefits to children of married parents but no benefits to children of unmarried parents constitutional

Back 152

no never, nada

Front 153

what is the default level of scrutiny for types of discrimination under equal protection that have not been discussed

Back 153

rational basis

Front 154

which are the categories of discrimination that require rational basis review

Back 154

age, disability, wealth, economic, sexual orientation

Front 155

what is the basis of review for content based speech restrictions

Back 155

as a general rule strict scrutiny

Front 156

what are the two ways to determine whether a speech law is content based

Back 156

subject matter restriction, view point restriction

Front 157

what is the basis of review for content neutral laws

Back 157

intermediate scrutiny

Front 158

what is content neutral speech

Back 158

applies to all speech

Front 159

what is prior restraint

Back 159

a judicial order or an administrative system that stops speech before it occurs

Front 160

what is the standard of review for prior restraint

Back 160

strict scrutiny

Front 161

are gag orders on the press to prevent prejudicial pre-trial publicity constitutional

Back 161

no

Front 162

may a person challenge a procedurally proper court order as being unconstitutional after violating it

Back 162

no they must be complied with until they expire or are overturned

Front 163

would requiring a license or permit be considered prior restraint

Back 163

yes

Front 164

when can a government require a permit or license to speak

Back 164

when there are clear criteria leaving authorities almost no discretion, prompt determination of requests and judicial review of denials

Front 165

when is a law unconstitutionally vague

Back 165

when an average person could not tell what speech is prohibited and what speech is allowed

Front 166

when is a law unconstitutionally over broad

Back 166

when it regulates more speech than the constitution allows

Front 167

what are fighting words

Back 167

words directed at another that are likely to provoke a response

Front 168

are fighting words protected by the first amendment

Back 168

no

Front 169

what has happened every time a challenge has been brought against a law prohibiting fighting words

Back 169

it has been struck down as over broad

Front 170

Exam When faced with a the fact pattern in which a handful perpetrator is convicted under a fighting words statute

Back 170

the answer is always that the statute is over broad and unconstitutionally

Front 171

is flag burning constitutionally protected speech

Back 171

yes

Front 172

is draft card burning constitutionally protected speech

Back 172

No

Front 173

is nude dancing protected speech

Back 173

no

Front 174

is burning a cross protected speech

Back 174

yes unless it is done with the intent to threaten

Front 175

are contribution limits during the election constitutional

Back 175

yes

Front 176

are expenditure limits to support a candidate constitutional

Back 176

no

Front 177

is anonymous speech protected by the First Amendment

Back 177

yes

Front 178

if the government is the speaker can there be a challenge on First Amendment grounds

Back 178

never

Front 179

what types of speech is unprotected by the first amendment

Back 179

incitement of illegal activity, obscenity and sexually oriented speech

Front 180

what is modern test for incitement of illegal activity

Back 180

substantial likelihood that the speech would cause imminent illegal activity and speech is intended to cause imminent illegal activity

Front 181

what is the three-part test for obscenity

Back 181

material must appeal to the prurient interest and patently offensive and it must lack serious political artistic literary social or scientific value

Front 182

how is social value defined

Back 182

at the national level

Front 183

is prurient interest judged at the national or the local level

Back 183

local

Front 184

I was patently offensive judged

Back 184

case-by-case depending on the statute used to prosecute the case.

Front 185

Is it okay for the government to zoning laws to regulate adult businesses

Back 185

yes

Front 186

does child pornography need to be obscene in order to be prohibited

Back 186

no

Front 187

what is the government's interest in preventing or prohibiting child pornography

Back 187

Preventing the exploitation of children in the making of pornography

Front 188

are computer generated images or adults that look like children included in the definition of child pornography

Back 188

no, since the government's interest is in protecting the exploitation of actual children he says no interest in preventing the use of computer-generated images or adults that look like children

Front 189

is the government allowed to ban the possession of obscene materials privately

Back 189

no it can only ban the possession of child pornography privately

Front 190

if a business is convicted of an obscenity violation of the government seize the assets of the business

Back 190

yes

Front 191

are profane and indecent language protected by the First Amendment

Back 191

generally yes

Front 192

what are the exceptions to the rule regarding profane and indecent speech

Back 192

over the air broadcast radio or television, schools

Front 193

would a school be allowed to punish speech that encourages illegal drug use

Back 193

yes because schools have an interest in preventing illegal drug

Front 194

are advertisements for illegal activities and false and deceptive ads protected under the First Amendment

Back 194

No

Front 195

could the government regulate a truthful ad that may be deceiving

Back 195

yes

Front 196

would a state be allowed to prohibit an attorney from soliciting in person clients for profit

Back 196

yes

Front 197

would in person solicitation of clients pro bono be considered free speech

Back 197

yes

Front 198

what level of scrutiny is required for the regulation of commercial speech

Back 198

intermediate scrutiny

Front 199

does government regulation of commercial speech need to be the least restrictive option

Back 199

no but it does need to be narrowly tailored

Front 200

what must a public official or person running for public office prove in order to recover for defamation

Back 200

They must prove with clear and convincing evidence falsity of the statement for actual malice

Front 201

what does actual malice mean

Back 201

that the defendant knew statement was false or acted with reckless disregard for the truth

Front 202

is it okay to prohibit accountants from soliciting clients in person

Back 202

No it is not okay the government should not worry that accountants would try to mislead a client

Front 203

what is a public figure

Back 203

celebrity, access to the media to respond, somebody who thrust themselves into the limelight

Front 204

what are the rules regarding public figures

Back 204

the same as those regarding public officials

Front 205

what is required for plaintiff to recover compensatory damages for defamation from a private figure regarding a matter of public concern

Back 205

falsity of the statement and negligence

Front 206

what is required for a plaintiff to recover punitive damages for defamation against a private figure regarding a matter of public concern

Back 206

actual malice

Front 207

if a form of speech does not fit in any of the categories of less protected or unprotected speech what is the standard of review

Back 207

strict scrutiny

Front 208

what is a public forum

Back 208

public spaces that the Constitution requires the government make available for public speech

Front 209

what are the two classic forms of public forums

Back 209

sidewalks and parks

Front 210

what is required the government to regulate speech in a public forum

Back 210

regulation must be viewpoint and subject matter neutral or it will be subject to strict scrutiny

Front 211

if the regulation is subject matter and viewpoint neutral

Back 211

the regulation must be a time manner or place restriction that serves an important government interest and leaves open adequate alternative places for communication (intermediate scrutiny)

Front 212

when the government is regulating speech in a public forum isit required to use the least restrictive means

Back 212

No regulation must be narrowly tailored but does not have to meet the least restrictive means

Front 213

our permit requirements for public speech gathering constitutional

Back 213

yes so long as the government issuing the permit does not have discretion as to the amount of the fee required

Front 214

what is a designated public forum

Back 214

it is a space that the government could justifiably close to public speech but chooses to keep it open to public speech

Front 215

it is an example of a designated public forum that often comes up on the exam

Back 215

public schools

Front 216

what are the rules for designated public forms

Back 216

they are identical to the rules for public forums

Front 217

what is a limited public forum

Back 217

designated public forums that the government opens for a limited number or types of public discussion

Front 218

what criteria does a statute have to meet in order to open a closed forum to a limited public forum

Back 218

statute must be reasonable and content neutral

Front 219

what are non-public forums

Back 219

places that the government can and does close to public speech

Front 220

what are some examples of nonpublic forms

Back 220

military bases, areas outside prison facilities, sidewalks on post office properties, airports

Front 221

what standard of review is used for regulations on speech in nonpublic forms

Back 221

rational basis, reasonable, content neutral

Front 222

may the government prohibit solicitation of money in airports

Back 222

yes

Front 223

could the government prohibit the distribution of printed materials in airports

Back 223

No

Front 224

is there a first amendment right to use private property for free speech

Back 224

no

Front 225

is a shopping center considered privately owned property

Back 225

yes it is privately owned

Front 226

is freedom of association a fundamental right

Back 226

yes

Front 227

is membership in an association or club or group under the rubric of freedom of association

Back 227

yes

Front 228

what is the standard of review for statutes regulating freedom of association

Back 228

strict scrutiny

Front 229

what are the specific requirements that have to be met in order for a person to be punished for being a member of a group

Back 229

active affiliation with the group must be proven, knowledge of the group's activities must be proven, the activities of the group must be illegal, the specific intent to further the illegal activities of the group must proven

Front 230

maybe government require disclosure of group membership when disclosure would chill membership

Back 230

yes if strict scrutiny is met

Front 231

is there ever a situation where it is okay to discriminate within group membership

Back 231

yes when the association is intimate and the discrimination is integral to the expressive activities of the group

Front 232

what is an example of intimate association

Back 232

a dinner party

Front 233

what are examples of discrimination that is integral to the expressive activities of a group

Back 233

gays being excluded from the Boy Scouts, Jews being excluded from the Nazi party, blacks being excluded from the Ku Klux Klan

Front 234

what is required for statute that attempts to regulate the free expression of religion in order to be exempt from the free expression clause

Back 234

it must apply to everyone and be neutral

Front 235

what does it mean for a law to be neutral in regards to religion and freedom of expression clause

Back 235

the statute must not be motivated by any desire to influence religion

Front 236

the statute can be shown to be motivated by a desire to influence religion were to be any other than non-general what standard would apply

Back 236

freedom of expression clause would apply strict scrutiny would apply

Front 237

the government denied benefits to a person quit his job for religious reasons

Back 237

no

Front 238

what is the test used when evaluating statute under the establishment clause

Back 238

lemon test

Front 239

what is the lemon test

Back 239

there must be a secular purpose for the law, the primary effect must be neither to advance or inhibit religion, there cannot be excessive government entanglement with religion

Front 240

the key observation as to whether or not the government is advancing or inhibiting religion

Back 240

is there a symbolic association between the government and religion for example a nativity scene by itself at a government building might symbolically associate the government to Christianity however if there are also displays of other religions than the government would not be particularly associated with any of them.

Front 241

Would teachers salaries in parochial schools if they came from the government symbolically associate the government with the parochial school

Back 241

yes it is not allowed

Front 242

what is the pneumonic for the three-part test known as the lemon test

Back 242

SEX secular, effect, excessive

Front 243

is the government allowed to favor some religions at the expense of others

Back 243

only if it meets strict scrutiny

Front 244

if the government allowed secular speech but did not allow religious speech what would happen

Back 244

it would be considered content dependent and would have to meet strict scrutiny

Front 245

are government-sponsored religious activities in public schools allow

Back 245

no

Front 246

is prayer allowed in public schools

Back 246

no

Front 247

is it okay for parochial schools to receive government assistance

Back 247

yes so long as they do not spend the money directly on religious education

Front 248

is it okay for government issued school vouchers to be used for parochial education

Back 248

yes