Strict scrutiny

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  • Duane's Argument Essay: The First Amendment

    the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable; giving Duane a plethora of legal tests as options to determine whether State University 's policy is facially constitutional. (Texas v. Johnson, 1989, 231) Because the first amendment 's protections have been triggered for Duane, the strict scrutiny standard must be applied. As maintained by the Supreme Court in Roe v. Wade (1973), the United States courts apply strict scrutiny in two-fold: one, when a fundamental constitutional right is infringed upon, or when a government action applies to a "suspect classification," such as race. Because Duane’s incident has nothing to do with race, the test will be looking for a fundamental constitutional right that is being infringed upon. The government (public school administration) heavily believed in the protection of their students mental and physical health, therefore, they have a compelling governmental interest in regulating Duane’s actions, satisfying the first prong of Strict Scrutiny. However, the school policy in question is not one-hundred percent “clearly narrowly tailored” to achieve protection of their students. While the rule in question clearly states that instructors are required to offer appropriate warning and accommodation regarding the introduction of explicit and triggering materials used for lectures, discussions, and homework assignments, its actual…

    Words: 2210 - Pages: 9
  • Sense Of Justice Essay

    that the constitutionality of the law will be challenged. When examining if a law contradicts or violates the US Constitution, also known as judicial review, the courts have three scrutiny standards: rational basis review, intermediate scrutiny, and strict scrutiny. The nature of the interest determines the level of scrutiny applied by the courts. The level of scrutiny determines how a court will analyzing the law as well as who has the burden of proof. Rational basis review considers whether a…

    Words: 1772 - Pages: 8
  • Free Exercise Clause

    First Amendment.” Knowing then, that the Free Exercise Clause must apply to the States, we must then test to see if Article 20 Section 2 of the Arizona State Constitution is in violation of the clause. This court has in the past, held that polygamy is not a protected religious practice. See e.g., Reynolds V United States. Reynolds, though, fails to meet a number of criteria for it to be considered applicable in this case. In Reynolds, the court held that religious duty was not a suitable…

    Words: 1047 - Pages: 5
  • Case Study: West Central Dixie State University

    and its effect on an individual’s rights. The court normally finds a state classification constitutional if it has "a rational basis" to a "legitimate state purpose." However, the Supreme Court has applied more stringent analysis in different cases. The Court will "strictly scrutinize" a case to make sure the case is being handled correctly. In order for a law or rule to be subject to strict scrutiny, it must show that the law or its implementation was meant to be discriminatory and that would…

    Words: 1400 - Pages: 6
  • Affirmative Action In College Admissionss

    Affirmative action, by definition, is an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education. Using varying instruments and policies, Affirmative Action aims to help underrepresented groups have a better job opportunities or college admissions. Generations of people have been disadvantaged by institutionalized discrimination and one way to remedy this is to place a policy that evens out the playing field. There has been…

    Words: 992 - Pages: 4
  • Ecommerce In Arms Act Case

    against civil suits brought by victims, families, and municipalities devastated by gun violence. Plaintiffs who had suits pending against gun or ammunition manufacturers or dealers arising out of third party criminal conduct or unlawful behavior found their suits immediately dismissed. The Protection of Lawful Commerce in Arms Act (PLCAA) prohibits these “qualified civil actions” from being brought in any state or federal court. Only a claim that a court deems to fit one of six narrow…

    Words: 1742 - Pages: 7
  • Essay On Discrimination In College Admissions

    Because of the violation of equal protection strict scrutiny should be used. If this is used, the university could prove that the use of race is a compelling state interest. The university would also have to provide information that using race is the only possible way that their goal of diversity can be reached. Because Fisher said her rights under the Fourteenth amendment were violated, the University of Texas should have evidence to prove why diversity is a compelling interest. They would…

    Words: 1251 - Pages: 5
  • Theories Of Liability In Criminal Law

    In law, cause in fact, refers to the notion that for an act becomes a necessary condition for any succeeding occurrences to have occurred. However, in the simple example that I have suggested, it is plausible to argue that if the homeowner had never fired his weapon, there would be no loss of life or grave wounds experienced by the crowd. On the other hand, if the crowd had not become violent or attempted to enter the property, they may not have been present to receive any wounds or instigate…

    Words: 1580 - Pages: 7
  • Essay On Self Driving Technology

    be more environmentally friendly. It will also help economic efficiency. In other hand, author talks about how some people will not trust this car and will be reluctant to use this technology because they are afraid to put their lives on hand of Robots. Also car’s hack-ability, and security issues regarding software will cause certain issues and because of that system will be never fully safe. If system’s malfunction causes an accident, then the liability questions will arise. …

    Words: 1899 - Pages: 8
  • Widget Case Study

    Conflict of Laws. Under that analysis, it is not necessary that a single state 's law control all substantive issues. Each issue is considered separately and the state law that has the most significant relationship to the issue controls. Using the Texas most-significant-relationship analysis, the law of the place of the injury decides the questions of substantive law unless the policy considerations of the alternative choice-of-law principles show more significant relationship. Texas…

    Words: 1556 - Pages: 7
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