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2 Cards in this Set
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Strict Scrutiny
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Government can interfere if there is a compelling government interest - this is applicable to fundamental rights - for example free speech or privacy could be violated in the occasion that a compelling government interest existed.
Secondly: there must be a narrowly tailored interest Third: Must accomplish the goal by the least restrictive means |
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Adderley v. Florida (1966)
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Adderley and 200 others protest arrest of protesters of segregation: this occurs in the driveway of a jail - They are arrested and charged with trespassing with malicious intent
Holding: Protesters cant do whatever and wherever and however they please Not a reaction to content of protest and government has power to control their property for lawful non-discrimatory purposes Statute did not impose broad restrictions on free speech and expression rights Government has right |