Term
| Turner Broadcasting System Inc. v. Federal Communications Commn. |
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Definition
| Regulation that cable companies carry local networks was content-neutral because there was no regulation as to the content of the local stations |
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Term
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Definition
| Court struck down D.C. statute as content-based when it prohibited display of signs within 500 feet of an embassy that brought the government into disrepute |
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Term
| Republican Party of Minnesota v. White |
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Definition
| Prohibition on candiadtes for judge announcing their views on disputed matters is too broad and serves no compellng interest because personal opinions are brought to the bench |
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Term
| City of Renton v. Playtime Theaters, Inc. |
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Definition
| Where zoning oridinance prohibited adult theaters from operating within 1000 feet of a residential zone, housing, church, park, or school, the Court found this patently unconstitutional |
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Term
| National Endowment for the Arts v. Finley |
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Definition
| Where guideline was given to NEA chairperson to take into account standards of decency and respect for diverse beliefs and values, Court said that the regulation was not really viewpoint based but discretionary |
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Term
| United States v. American Library Assn., Inc |
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Definition
| It is a valid exercise of Congress's spending power to protect children from pornographic material at libraries; Court did not abridge the right to look at pornographic material, there's just not a right to have it at a public library |
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Term
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Definition
| Conduct is not clearly defined |
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Term
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Definition
Regulation covers more than the Constitution allows to be regulated
1. A law must be substantially overbroad
2. Person to whom the law applies can argue it would be unconstitutional as it applies to others |
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Term
| Coates v. City of Cincinatti |
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Definition
| Court struck down for vagueness an ordinance that made it a criminal offense for three or more people to assemble on a sidewalk "in an annoying manner" |
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Term
| Schad v. Borough of Mount Ephram |
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Definition
| Court struck down as overbroad a statute that prohibited all live entertainment - would outlaw Shakespeare's work as well as coin-operated nudie booths |
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Term
| Board of Airport Commissioners of the City of Los Angeles v. Jews for Jesus, Inc. |
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Definition
| Law prohibiting all "First Amendment" activity at the airport was facially unconstitutional due to its overbreadth |
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Term
| New York Times Co. v. United States |
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Definition
| NYT and Washington Post sought to publish results of classified DOD study; Court rejrected government's appeal for an injunction based on prior restraint being the worst form of regulation of speech |
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Term
| United States v. Progressive, Inc. |
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Definition
| Temporary injunction against a magazine planning on publishing the secrets of the hyrdrogen bomb; became moot after it was published elsewhere but there is a presumption of unconstitutionality on prior restraint |
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Term
| Police Department of Chicago v. Mosely |
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Definition
| Unconstitutional picketing law that allowed labor picketing but no other picketing - there is an impermissible distinction between labor picketing and other peaceful picketing |
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Term
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Definition
| Illinois statute found unconstitutional because it made an unconstitutional distinction between labor picketing and other peaceful picketing |
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Term
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Definition
| Statute at issue made it unlawful to appeach someone within 8 feet at a health care facility without their consentfor the purpose of distributing information; Court held this statute is constitutional because it balances the right to demonstrate with the right to privacy |
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Term
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Definition
| Government cannot regulate content of speech, but can regulate as to time, place, and manner |
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Term
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Definition
| At issue was the requirement of a permit to distribute literature anywhere within the city; Unconstitutional because it prohibited all distribution and was not a narrow time, place, and manner regulation |
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Term
| Forsyth County, GA v. Nationalist Movement |
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Definition
| An ordinance allowing the local government to set varying fees for different events violated the First amendment due to the lack of narrowly drawn and reaosnable standards for the fee |
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Term
| Ward v. Rock Against Racism |
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Definition
| City's restriction on amplification is a reasonable time, place, manner regulation that does not discriminate on the basis of content |
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Term
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Definition
Test for incitement of illegal activity:
1. Immenence
2. Substantial likelihood
3. Serious harm
4. Intent to cause |
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Term
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Definition
| "We'll take the fucking street later" - Court held that since the speech was unlikelyto produce any imminent disorder, it was protected |
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Term
| NAACP v. Claiborne Hardware |
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Definition
| Court held that a merchant cannot sue for damages when a boycott in nonviolent and voluntary; Mere advocacy of force or violence does not remove speech from protection |
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Term
| Chaplinsky v. New Hampshire |
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Definition
| Fighting words - "GD racketeer and fascist" - words that intend to inflict injury or incite an immediate breach of peace - Conviction for this was upheld |
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Term
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Definition
| "Fuck the Draft" jacket - Court held speech has to be directed at a particular person to be "fighting words" |
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Term
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Definition
| Found GA law that prohibited "fighting words" unconstitutional by overbreath |
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Term
| R.A.V. v. City of Saint Paul |
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Definition
| Content based restrictions within categories of unprotected speech must meet strict scrutiny; Court declared unconstitutional a city ordinance that prohibited hate speech based on race, color, religion, or gender |
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Term
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Definition
| Obscentity is not protected speech |
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Term
| Paris Adult Theater I v. Slaton |
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Definition
| Where petitioner was convicted of violating state laws by showing adult films, Court held it was a constitutional law on obscenity |
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Term
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Definition
Guidelines for obscenity:
1. Whether the average person applying contemporary community standards would find that the work as a whole appeals to the prurient interest
2. Whether the work depicts or decribes in a patently offensive way sexual conduct
3. Whether the work as a whole lacks serious political, literary, scientific, or artistic value |
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Term
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Definition
| Upheld New York law banning child pornography - not the same standard as Miller because the safety of children is at issue |
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Term
| Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. |
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Definition
| Commercial speech is protected by the First Amendment - where pharmacists were not allowed to advertise, Court struck it down |
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Term
| New York Times Co. v. Sullivan |
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Definition
In order to meet defamation, not enough that printed material is false, must be a reckless disregard for truth
1. Plaintiff must be public official or running for public office
2. Must prove case with clear and convincing evidence
3. Must prove the falsity of the statement
4. Must prove actual malice |
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Term
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Definition
Upheld prosecution of individuals for burning draft cards (created intermediate scrutiny for certain kinds of symbolic speech)
1. Furthers an important or substnatial governmental interest
2. If the government interest in unrelated to the supression of free expression
3. If the incidental restriction on the alleged First Amendment freedom is no greater than is essential in furtherance of the interest |
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Term
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Definition
| Burning the flag is expressive conduct |
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Term
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Definition
| Spending money as speech - Interest in prevention of corruption allows limit of individual contributions to $1000, but a maximum cap is unconstitutional |
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Term
| Austin v. Michigan State Chamber of Commerce |
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Definition
| Required corporations to have a separately funded PAC generated by voluntary contributions |
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Term
| McConnell v. Federal Election Commission |
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Definition
| Restrictions on soft money contributions is not an abridgement of free speech |
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Term
| Citizen's United v. Federal Election Commission |
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Definition
| Overturned Austin, "Corporations are people" - held that restrictions on independent expenditures from corporate treasuries violates the First Amendment |
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Term
| NAACP v. State of Alabama, ex rel. Patterson |
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Definition
| Held unconstitutional that NAACP had to disclose its membership |
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Term
| Board of Regents of the University of Wisconsin System v. Southworth |
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Definition
| Court unanimously upheld the permissibility of requiring college students to pay money each semester for a fund that subsidizes student activites - as long as funds are distributed in a viewpoint neutral manner |
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Term
| Roberts v. United States Jaycees |
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Definition
| Court indicated that freedom of association would protect a right to discriminate only if it is intimate association or where the discrimination is integral to express activity; Since women were already associate members, the discrimination was uncosntitutional |
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Term
| Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston |
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Definition
| Parades are inherently expressive and have a right to exclude messages contrary to their own |
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Term
| Boy Scouts of America v. Dale |
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Definition
| Freedom of association protects the right of the Boy Scouts to exclude gays in violation of a state's anti-discrimination statute |
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Term
| Christian Legal Society Chapter of the University of California, Hastings College of Law v. Martinez |
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Definition
| University can make a policy that each student group accept "all comers" - regulation is allowed because it is reasonable and viewpoint neutral |
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Term
| Hosana-Tabor Evangelical Lutheran Church v. EEOC |
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Definition
| Ministerial exception from equal opportunity violation - court does not define a minister |
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Term
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Definition
| Defined religion to include nontheistic views in the context of Selective Service and conscientious objectors |
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Term
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Definition
| Judiciary con only determine the sincerityof religious belief, not the veracity of the belief |
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Term
| Employment Division, Department of Human Resources of Oregon v. Smith |
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Definition
| Not a violation of religious freedom to disallow unemployment benefits for individual fired for using peyote - criminal statute is not for purpose of infringing on religion |
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Term
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Definition
| Declared unconstitutional the denial of unemployment benefits to a woman who was discharged from her job for refusing to work on her Sabbath |
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Term
| Church of the Lukumi Babulu Aye v. City of Hialeah - |
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Definition
| Court declared unconstitutional a city ordinance that prohibited sacrifice of animals because it was aimed at prohibiting religious expression |
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Term
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Definition
| Facilities that accept federal funds cannot deny prisoners accommodations for the practice of their religious beliefs |
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Term
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Definition
| Promise Scholarship program in Washington is not unconstitutional because it prevents getting a degree in devotional theology; can still get the degree, just cannot use state scholarship money to do it |
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Term
| County of Allegheny v. ACLU, Greater Pittsburgh Chapter |
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Definition
| Involved a creche at the courthouse and a multi-religious display - includes strict separation, neutrality, and accommodation views; Creche was unconstitutional, but the multi-display was constitutional |
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Term
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Definition
| Court struck down law that exempted religious organizations from charitable reporting requirements if they receive 50% or more of their funding from members or affiliated organizations; Found that 50% was arbitrary and this didn't further any important state interest |
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Term
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Definition
Involved state aid to parochial schools, established test for establishment clause issues:
1. Has to be a secular purpose on the part of the government
2. Principal or primary effect of the law must be one that neither advances nor prohibits religion
No excessive entanglement with religion |
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Term
| Rosenberger v. Rector & Visitors of the University of Virginia |
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Definition
| Court held there was no compelling state interest and it was content based discrimination for University to withhold payment for printing of student religious magazine when it usually paid for student printing |
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Term
| Sane Fe Independent School District v. Doe |
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Definition
| Student delivered prayer at football games is unconstitutional because it endorses and encourages specific religious messages |
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Term
| McCreary County v. ACLU of Kentucky |
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Definition
| Display of 10 Commandments at a courthouse was unconstitutional because an individual does not have any choice but to encounter this religious marker |
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Term
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Definition
| Display of 10 Commandments on property of the State Capitol is constitutional because the display is passive, has a secular message, too, and was donated by a secular group |
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Term
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Definition
| Requiring students to recite prayer at the beginning of the school day violates the Establishment Clause |
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Term
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Definition
| Invocation or benediction prayers at public school graduations are inherently coercive because the students cannot leave during the ceremony |
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Term
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Definition
| Government funding for chaplains to lead prayer at the beginning of legislative sessions is constitutional - This does not reshape the Establishment clause, but rather carves out an exception for the legislative session |
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Term
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Definition
| challenge to a database of people prescribed controlled substances; Court held there is no fundamental right to have personal information kept private; Congress can enact legislation to keep information private but it is not a constitutional right |
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Term
| Harper v. Virginia State Board of Education |
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Definition
| Cannot have a poll tax; Monetary burden is wholly unconnected to voter qualification |
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Term
| Kramer v. Union Free School District |
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Definition
| Exclusion from voting in local election because someone is not a parent or landowner is not necessary to achieve a compelling state interest |
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Term
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Definition
| Upheld land ownership vote on very narrowly tailored election for the taxing system that supported the Salt River Agricultural Improvement and Power District |
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Term
| Lassiter v. Northampton County Board of Education |
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Definition
| LIteracy tests do not per se violate the Constitution but Congress subsequently passed the voting rights act to make them illegal |
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Term
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Definition
| Held that convicted felons losing the right to vote is not a violation of Due Process |
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Term
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Definition
| AL took away the right to vote for those convicted of crimes of moral turpitude; Court found this violated equal protection because it was designed to take the vote away from African Americans |
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Term
| Crawford v. MArion County Election Board |
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Definition
| issue was Indiana voter ID requirement; Court upheld the legislation because there were affidavits available and the interest articulated by the state was voter fraud, modernizing election procedures, and getting rid of bloated voter rolls |
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Term
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Definition
| Failure of AL court to redistrict was a violation of equal protection because it gave voters in one part of the state more weight than others |
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Term
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Definition
| Congressional districts have to be drawn on a population basis, not a county basis; County basis violates equal protection |
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Term
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Definition
| Court ruled there was insufficient time to establish standards for a recount that would meet FL's deadline for certifying electors; Bush argued that the recounts violated EP because they were done differently in each district |
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Term
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Definition
| 14th Amendment prohibits the state from denying a couple the ability to obtain a divorce because of indigency - if there is a fundamental right to marry, there must be a right to divorce |
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Term
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Definition
| Upheld a bankruptcy filing fee because there is a not a fundamental right to file for bankruptcy |
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Term
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Definition
| Struck down a filing fee for a transcript for appeal in termination of parental rights case - cannot condition access to appeal based on wealth and puts termination of parental rights in a "quasi-criminal" category |
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Term
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Definition
| States must protect the right of prisoners to have access to the courts by providing them with law libraries or alternative sources of legal knowledge |
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Term
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Definition
| Expanded Bounds v. Smith to hold that inmates must show an actual injury when law library is not updated; What inmates deem a subpar law library is not a violation of due process. There is not a fundamental right to an updated law library. Court said this effectively grants permanent assistance of counsel and read up and discover claims all day long |
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Term
| San Antonio Independent School District v. Rodriguez |
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Definition
| There is no fundamental right to a state sponsored education; The fact that there is a rich district and a poor district is something for the legislature to fix |
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Term
| Kadrmas v. Dickinson Public Schools |
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Definition
| Constitution does not require school bus service for free; Reaffirmed that equal protection does not give poor people any special constitutional protection against having to pay the same amounts for access to education and other basic services as others do |
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Term
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Definition
| Negligence is not a violation of Due Process where a prisoner fell on a pillow |
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Term
| County of Sacramento v. Lewis |
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Definition
| Have to prove a purpose to cause harm, an intent to injure that is unconnected to the police action or governmental interest |
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Term
| DeShaney v. Winnebago County Dept. of Social Services |
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Definition
| No affirmative obligation to protect based on a due process claim lesser obligation to protect from private harm |
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Term
| Town of Castle Rock v. Gonzales |
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Definition
| Court concluded mother did not have a property interest that violated her due process rights in the restraining order that was violated and then resulted in her children's death |
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Term
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Definition
| There is a property interest in government assistance benefits, so you get a hearing before they can be taken away |
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Term
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Definition
| No entitlement for professor who claimed a property interest in his employment after he was terminated after one year |
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Term
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Definition
| Have to tell students why they are being suspended or expelled; that is the minimum requirement in light of the property and liberty interests in education |
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Term
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Definition
| Reputation alone is not a property interest when police put out flyers of mugshots of known shoplifters |
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Term
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Definition
| Inmate was not entitled to a review hearing after placement into administrative segregation for bad behavior during a strip search; Due process does not require further procedural protections for this type of discipline |
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Term
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Definition
Where plaintiff claimed he should be entitled an evidentiary hearing for denial of SS benefits; Court said there are other forms of benefits available and termination hearing is not necessary to satisfy due process
1. Private interest that will be affected by such an action
2.Risk that erroneous deprivation of such interest through procedures used and value of any safeguards
3. The government's interest, including the function involved and fiscal and administrative burdens that the additional or substitute procedural requirement would entail |
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Term
| Cleveland Board of Education v. Loudermill |
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Definition
| Issue was what pre-termination process must be afforded a public employee who can be discharged only for cause; Court held that Ohio statutes that allow pre-termination opportunity to respond and post-termination administrative hearing satisfied due process |
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Term
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Definition
1. Does is substantially impair the contractual relationship?
2. Does it serve a legitimate and significant public goal?
3. Is it reasonable related to achieving the goal? |
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Term
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Definition
1. Degree of reprehensibility of Defendant's misconduct
2. Disparity between harm suffered by P and his punitive damages award
3. Difference between remedy and civil penalties authorized or imposed |
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Term
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Definition
| Reasonable relation to a proper governmental purpose |
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Term
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Definition
| Stronger scrutiny for discrimination against a particular group |
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Term
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Definition
| Substantially related to an important governmental interest |
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Term
| Equal Protection - Rational Basis |
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Definition
1. Legitimate purpose not prohibited by the Constitution
2. Court looks to any conceivable purpose for the law
3. Underinclusiveness/Overinclusiveness ok |
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Term
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Definition
Impact of law must be so clearly discriminatory as to allow no other explanation than it was adopted for an impermissible purpose
1. History of government action
2. Legislative or administrative action |
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Term
| Economic Rights Post 1937 |
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Definition
1. Court no longer protects freedom of contract as part of the liberty interest of the Due Process Clause
2. State can act to further any purpose not prohibited by the Constitution
3. State may choose any means reasonable to achieve the end |
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Term
| Right to refuse medical care |
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Definition
1. Clear and convincing standard
2. Cannot substitute will of family members |
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Term
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Definition
| Plaintiff must prove a discriminatory purpose - if proven, burden shifts to D to prove neutral purpose |
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Term
| Facially discriminatory (race) |
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Definition
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Term
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Definition
Strict Scrutiny
1. Is it a basic or inherent right the court would deem fundamental?
2. Is the right infringed by government regulation?
3. Is the government's action justified by a sufficient purpose?4. Are the means sufficiently related to the goal sought? |
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Term
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Definition
1. Identify the classification
2. Identify what level of scrutiny will be applied
3. Does the government action meet the level of scrutiny? |
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Term
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Definition
1. Whether the average person applying contemporary community standards would find that the work as a whole appeals to a prurient interest
2. Whether the work depicts or describes in a patently offensive way sexual conduct
3. Whether the works as a whole lacks serious political, literary, scientific, or artistic value |
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Term
| Defamation - must have a reckless disregard for the truth |
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Definition
1. Plaintiff must be public official or running for office
2. Must prove with clear and convincing evidence
3. Must prove falsity of the statement
4. Must prove actual malice |
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Term
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Definition
1. Has to be a secular purpose on the part of the government
2. Principal or primary effect of the law must be one that neither advances nor prohibits religion
3. no excessive entanglement with religion |
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Term
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Definition
Intermediate scrutiny
1. Further an important or substantial governmental interest
2. If the government interest in unrelated to suppression of free expression
3. If the incidental restriction on the alleged First Amendment freedom is no greater than is essential in furtherance of the government interest |
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Term
| Denial and Due Process (mostly gov't benefits, but can be applied to other denials) |
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Definition
1. Private interest that will be affected by such an action
2. Risk of erroneous deprivation of such interest through procedures used and value of any safeguards
3. The government's interest including the function involved and fiscal and administrative burdens that the additional or substitute procedure would entail |
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