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Under State Action -- Exception: Public Functions
Privately owned property may be held to be the functional equivalent of a public place -- in which even neither criminal nor civil trespass rules may be applied to limit the reasonable exercise of First Amendment rights on the property |
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| Jackson v. Metro Edison Co. |
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State Action -- Exception: Public Functions
A heavily regulated company that had been granted a monopoly by the state was held not to have engaged in "state action" when it terminated a user's service without notice or hearing because the supplying of utility service is not traditionally the exclusive province of the state. |
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State Action -- Exception: Public Functions
A state court's appointment of private trustees, replacing the state officials who had resigned as trustees to facilitate the private appointments, constituted state action where the obvious purpose was to perpetuate racial discrimination |
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| Hudgens v. National Labor Relations Board |
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State Action -- Exception: Public Functions
Although a large, self contained shopping center is in many ways similar to the business district of an ordinary town, it is not the equivalent of a municipality because it does not possess all of the attributed of a town. |
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State Action -- Exception: Public Function
County political groups cannot exclude African-American's from a preprimary election when the winner almost always runs unopposed in the party primary and general election |
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State Action -- Exception: Entanglement -- Judicial and Law Enforcement Actions
If state courts enforce racial restrictive covenants by all homeowners in an area by enjoining a black person who purchased from a white owner from taking possession and awarding damages against the white seller to other signatories of the restrictive covenants, there is "state action". White voluntary adherence to the covenants does not involve state action, judicial enforcement does. |
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| Burton v. Wilmington Parking Authority |
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State Action - Exception: Entanglement -- Govt Regulation
by the govt accepting rent from a business that did not allow blacks to use their business had enough entanglement for it to be state action |
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EP: Legit Purpose under Rational Basis
A state constitutional provision that identifies persons by a single trait and then denies them the right to seek any specific protections from the law -- no matter how local or widespread the injury -- is so unprecedented as to imply animosity towards such persons and is thus not related to any legitimate state interest |
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| New York City Transit Authority v. Beazer |
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EP: Tolerance for Over inclusiveness
by employing the rational basis test, the court gives legislative bodies wide latitude in drawing classifications when enacting economic and social regulation pursuant to the police power |
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EP: Laws that have been deemed arbitrary and unreasonable
The federal food stamp program excluded any household containing unrelated persons. The court found the classification "wholly without any rational basis". The legislative history indicated that the provision was aimed at excluding hippie communes from the program. The court found that discrimination against this politically unpopular group was not a constitutionally permissible govt interest. |
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EP: Facial Discrimination
law forbidding African-Americans from serving on grand or petit juries |
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EP: Facially Discriminatory (Excpetion)
curfew orders and forced relocation applicable only to persons of Japanese ancestry was held not to violate equal protection pressing public necessity may sometimes justify racial restrictions |
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EP: Racial Classifications burdening both whites and minorities
racial intermarriage ostensibly does not discriminate against members of one race; it appears to treat both races equally still discriminates and is invalid |
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| EP-SS: Established the requirements for Facially neutral classifications |
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| Richmond v. J.A. Croson Co. |
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| EP-SS: because all classifications based on race carry a danger of stigmatic harm, govt action that favors racial or ethnic minorities is subjct to the same standard of strict scrutiny review as is govt action that discriminates against racial or ethnic minorities. Thus it will be upheld only if it is necessary or narrowly tailored to achieve a compelling govt interest |
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| Adarand Constructors, Inc. v. Pena |
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EP-SS: Affirmative Action
the standard for judging all racial classifications drawn by the federal govt is the same as for state and local action: strict scrutiny. These classifications violate the equal protection component of the 5th Amendment due Process Clause unless they are narrowly tailored measures that further compelling govt interests |
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EP-SS: Affirmative Action
Court upheld the AA program at Michigan Law when the school testified that it was one factor in a bunch to consider but it was not the predominent factor and did not only include race |
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EP-SS: Affirmative Action
court held that race considerations may not permanently be enshrined in admissions policies, but that periodic review of race conscious admissions policies to determine whether racial preference are still necessary to achieve student body diversity are sufficient to satisfy this limitation |
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EP-SS: Alienage
Most state discrimination against lawfully admissted aliens is suspect because aliens are precisely the kind of discrete and insular minority with no direct vote in the political process for whom judicial solicitude is appropriate |
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EP-SS: Alienage
a state has historical power to exclude aliens from participation in its democratic political institutions. Thus, as long as the state acts rationally, aliens ma be excluded from voting, jury service, elective office, and nonelective offices that formulate, execute or review important public policy -- ie. police officers |
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EP-SS: Alienage -- when it is okay to intermediate scrutiny
a texas law was unconstitutional that provided that provided a free public education for children of citizens and of documents aliens, but required that undocumented aliens pay for their schooling received less then strict but more than rational |
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EP-IS: Gender
classifications based on gender or legit are not suspect, but neither are they judged by the traditional test they are quasi suspect which violates equal protection unless iti substantially related to important govt objectives. |
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Definition
| Several decisions have held that laws that discriminate against men violate equal protection |
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| Nguyen v. Immigration & Naturalization Service |
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Definition
| the court upheld a federal statute that grants automatic US citizenship to nonmarital children born abroad to American mothers, but requires that American fathers take specific steps to establish paternity in order to make such children US citizens |
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| Turner Broadcasting System, Inc. v. Federal Communications Community |
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First Amendment -- Content Neutral
content neutral regulations of speech are ordinarily subject to "intermediate scrutiny" and will be upheld if they
advance important interests unrelated to the suppression of speech and
do not burden substantially more speech than necessary to further those interests |
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Definition
| a law may not forbid only those picket signs within 500 feet of of a foreign embassy that are critical of the foreign govt |
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Term
| National Endowment for the Arts v. Finley |
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Definition
| requirement that the National endowment for the arts consider standards of decency and respect for values of American people when deciding whether to make grants is not invalid on its face |
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Term
| Coates v. City of Cincinnati |
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Definition
| an ordinance making it a crime for three or more persons to assemble on any of the sidewalks and there conduct themselves in a manner annoying to persons passing by was held to violate the general due process standard of vagueness, because people of common intellignece must necessarily guess at its meaning. It also violated the first amendment right of free assembly and association becuase mere public intoerance of animosity is a constitutionally impermissible bassi for its abridgment, and because the ordinance contains an obvious invitation to discriminatory enforcement against those whose association is annoying due to their ideas of physical appearance |
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| Schad v. Borough of Mount Ephraim |
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Definition
| a municipality that permits a brod range of commercial establishments may not prohibit all live entertainment from its commercial district -- at least if such entertainment is not available in reasonably nearby areas |
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| Near v. State of Minnesota |
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Definition
| the govt generally may not establish a system of censorship to regulate in advance what may be uttered or published or enjoin speech or employ other prior restraints |
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| Lovell v. City of Griffin, Ga |
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Definition
| the state may not vest the licensing official with unlimited discretion to determine who may receive permits |
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| City of Lakewood v. Plain Dealer Publishing |
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Definition
| a city ordinance that gave the mayor complete discretion to grant annual permits for placement of news racks on public property was held unconstitutional on its fact |
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| United States v. National Treasury Employees Union |
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Definition
| the govt may not forbid all govt employees from receving compensation for speeches, appearances or articles even when these expressive actions have no nexus to their emploment and thus could not pose the danger of or appearnce of imporper influence by the payor or improper use by the employee of knowledge or resources acquired in the course of the govt employment |
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| WV State Board of Education v. Barnette |
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Compelled Speech:
Requiring all public school pupils to salute the flag and recite the pledge of allegiance is invalid as applied to children whose religious scruples forbid it -- govt cannot require affirmation of a belief |
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| govt can without violating the constitution, selectively fund a program to encourage certain activities it believes to be in the public interest, without at the same time funding an alternate program which seeks to deal with the problem in another way |
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| the govt can label films without violating the first amendment |
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Term
| Bantam Cooks, inc. v. sullivan |
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Definition
labeling plus can constitute an infringement
it was unconstitutional for the RI commission to encourage morality in youth to identify objectionable books because they were unsuitable for children and to write to sellers urging them to stop selling those books |
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| unconstitutional for Deb's to advocate for socialism including some mild criticsm |
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| upheld a conviction based on the fact that it was convicted of encouraging resistance and conspiracy to urge curtailment |
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| speech advocating illegal action may be punished only when the advocated action is serious and there is no time for further discussion before the advocated action will take place. Whether these elements exist in a given case must be determined according to federal constitutional standards, and ultimately by the SC |
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| court affirmed the convictions, rejecting the argument that defendants activities were protected by the 1st Amendment |
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| a state may not penalize advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action |
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| a very narrow fighting words law will likely be declared unconstitutional as impermissibly drawing content-based distinctions as what speech is prohibited and what is allowed |
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| Obscenity is a category of unprotected speech by the first amendment |
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| Paris Adult Theatre v. Slaton |
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| there are legit state interests at stake in stemming the tide of commercialized obscenity, even assuming it is feasible to enforce effective safeguards against exposure to juveniles and to the passerbys |
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| Created the miller test for sexually oriented speech |
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| govt may prohibit the exhibition, sale or distribution of child porn even if it does not meet the test for obscenity |
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| Ashcroft v. Free Speech Coalition |
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| must use actual children in the production to not fall within the limits of the First Amendment |
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| Young v. American Mini Theatres |
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| upheld a city's ordinance that limited the number of adult theaters that could be on any block and that prevented such enterprises from being in residential areas |
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| govt can limited nude dancing -- held that the govt can prevent nude dancing as to stop the secondary effects such as crime associated with the activity |
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| the mere private possession of obscene matter cannot constitute a crime |
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| govt cna prohibit and punish the private possession of child porn because the govt has an important interest in attempting to dry up the market for child porn so as to the protect the children and therefore punish even private possession |
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