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| implicit right to privacy strict scrutiny |
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| legal for abortion even if life not in danger.. |
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| Akron v Akron Center for Reproductive Health (dissenting opinion) |
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| Undue burden test created in dissenting opinion |
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| Nebraska physician performing abortions during 2nd trimester "partial birth". The State cannot ban abortion procedures categorically without exceptions for the mother’s health. |
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| Partial Birth Abortion Ban Act of 2003 is constitutional |
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| While homosexual conduct is not a fundamental right, intimate sexual relationships between consenting adults are protected by the Fourteenth Amendment. |
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| Goodridge v Dept of Public Health |
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| same-sex couples had the right to marry Massachusetts |
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| Cruzan v Missouri Dept of Public Health |
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| Parents tried to pull the plug unsuccessfully, A State may condition the exercise of a patient’s right to terminate life-sustaining treatment on a showing of clear and convincing evidence of the desire of the patient to exercise such a right. |
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| The “liberty” protected by the Due Physicians helping to end lives of terminally ill patients, Process Clause of the United States Constitution does not include the right to assist suicide. |
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| The distinction between a patient’s refusal of life saving treatment and assisting suicide is “both important and logical; it is certainly rational.” |
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| entered home because thought harboring someone without warrant, found irrelevant pornography.. evidence found during illegal search is inadmissible in court proceedings |
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| search incident to arrest example |
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| Reasonable reliance upon an otherwise invalid search warrant does not render evidence obtained during the search inadmissible. |
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without a search warrant, police had no constitutional right to search a house where one resident consents to the search while another resident objects.. Co-occupant issue
Husband and wife, have an issue, husband is a drug addict, Wife calls police, she gave consent, but the husband did not affirm consent
Cop not allowed to be there |
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| National Treasury Emplyees Union v Von Raab |
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| Mandatory drug testing for anyone in the US Customs service who had a job dealing with drugs or carrying of firearms.the US Customs service can require a urinalysis test on employees who occupy or seek to transfer, or seek a promotion to jobs dealing with drug interdiction, the enforcement of related laws or the carrying of firearms, without previous suspicion, probable cause, search warrants, or the approval of magistrates |
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| In certain circumstances, different level of scrutiny applies for fourth amendment. Like secondary school conducting searches of property for drugs... As long as state interest greater than privacy of individual and if search deemed reasonable |
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| Michigan Dept of State Police v Sitz |
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| state police adopted the practice of using random sobriety checkpoints to catch drunk drivers.. Michigan had a "substantial government interest" to advance in stopping drunk driving, and that this technique was rationally related to achieving that goal |
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| police asked the regular trash collector to gather the respondent’s trash and keep it separate from the other trash in the neighborhood, An expectation of privacy does not give rise to Fourth Amendment constitutional protection unless society is prepared to accept that expectation as objectively reasonable. |
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| Turner Broadcasting Systems Inc v Fed Communications Com |
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| Content neutral, yes subst rel to imp govt int. Can make argument it is content based. |
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| Simon & Shuster v New York Crime Victims Board |
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| The government must show a compelling interest for content-based regulation and the regulation must be narrowly drawn to achieve the interest in order for it to be constitutional. |
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| City of Renton v Playtime Theaters |
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| a city ordinance, which prohibited adult motion picture theatres from being located within 1,000 feet of any residential zone, single or multiple-family dwelling, church, park or school. Content-neutral time, place, and manner regulations are acceptable so long as they are designed to serve a substantial government interest and do not unreasonably limit alternative avenues of communication. |
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| US v Playboy Entertainment |
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| Cable leaking Playboy channel.. The Government, in effectuating content-based legislation to limit speech that is protected under the First Amendment must do so through the least restrictive alternative to effectuating the compelling government interest. |
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| Cotes v City of Cincinnati |
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| An ordinance or statute that restricts First or Fourteenth Amendment rights is unconstitutional if it is overly vague and restricts protected speech and assembly in addition to unprotected actions. |
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| Schad v Borough of Mount Ephraim |
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| Schad operated an adult bookstore and eventually added a live dancing booth. The Borough had an ordinance that prohibited ALL live entertainment, and Schad was able to prevail that the law was overly broad - such a law can be saved if it is construed narrowly. |
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| clear and present danger dissent. |
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| reasonable test:syndicalism, could not hold act unreasonable or arbitrary, proper application of police power for welfare of state |
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| reasonableness test, the government may suppress or punish speech that directly advocates the unlawful overthrow of the government |
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| Preferred Freedoms Test; requires labor organizers to register with state, convicted labor organizer who was denied permit of contempt for speaking at a union rally without a permit.. Unconstitutional |
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| Preferred Freedoms Test; preacher gave speech, under breach of peace (stirs public anger, invites dispute, anger, disturbances) statute arrested.. even speech that provokes anger was protected, *may be restricted if it is likely to present a clear and present danger of serious substantive evil that rises far above public inconvenience, annoyance or unrest.* |
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| Risk Formula Test: For an impediment on free expression to be permissible, the gravity of the evil, discounted by its improbability of coming about, must sufficiently outweigh the invasion of free speech necessary to avoid the danger. |
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| bad mouthing president, congress, and courts acting in way to revenge white race. arrested. Brandenburg Test: 1) Likelihood of imminent illegality as a result of speech and 2) speaker must intend to direct that imminent illegality. |
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| Chaplinsky v State of New Hamphshire |
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| made a cross and burned it inside the fenced yard of a black family. Content-based restrictions, as well as point-of-view restrictions, are presumably invalid. |
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| When there is clear and present danger of a riot, then the police may restrict speech.convicted of disorderly conduct for refusing to stop giving a speech on a public sidewalk once the crowd started to get a little rowdy convicted of disorderly conduct for refusing to stop giving a speech on a public sidewalk once the crowd started to get a little rowdy |
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| planned parenthood v Casey |
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| Undue burden test from Akron |
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| introducing evidence obtained through a police search based on an arrest warrant that should have been recalled, but was negligently allowed to remain active, at the time of the search constitutional |
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| Williams was arrested and read his rights for the murder of a child after he led law enforcement officials to the body of the child by making statements, in passing, to officials who were conducting the search, This case introduces the inevitable discovery doctrine, which postulates that if evidence will be inevitably discovered, the method in which it is obtained is not important. |
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| nix v will evidence would have been discovered within a short period of time, the method in which it was obtained became irrelevant and it was still allowed against the defendant. |
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| Drunk Driving Checkpoints |
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| admitted at trial if police officers acting in good faith (bona fides) relied upon a defective search warrant — that is, they had reason to believe their actions were legal (measured under the reasonable person test). |
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| search incident to arrest |
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| This rule permits an officer to perform a warrantless search during or immediately after a lawful arrest. This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon, in some way effect an escape, or destroy or hide evidence. |
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| Consent exception and cases |
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| Georgia v Randolph and US v Matlaw |
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| co-occupants have the right to give consent to areas for joint occupied areas |
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| Automobile search exception and cases |
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Police do not need a warrant, if they have probable cause (higher than reasonable cause)
Policy concerns for not requiring warrant
Cars can drive away
You can see inside of it
Reduced privacy
Illinois v Caballes
Defendant was stopped by the police for speeding, cop had a k-9 unit
The k-9 walked the circumference of the car, probable cause
Dog barked at the trunk, Found that the trunk had narcotics
Incorrect subjective privacy -> because smell inside the truck, was coming out of the truck, into the public place
Fourth Amendment à does not apply, because lack of subjective privacy |
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| Exigent Circumstances/ongoing emergency exception |
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| reasonable grounds to believe that there is an immediate need to protect their lives, the lives of others, their property, or that of others, the search is not motivated by an intent to arrest and seize evidence, and there is some reasonable basis, to associate an emergency with the area or place to be searched |
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| reasonable cause, pat down |
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| Two things necessary for fourth amendment to apply |
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| Subjective and objective expectation of privacy. Unless one of 7 exceptions. |
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| 4th amendment sometimes prohibits school officials from strip searching students,school officials not individually liable |
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| 1st general analysis or exceptions |
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| Incitement commit illegal activity, fighting words |
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| alternative to 4th amendment used in schools for druug testing, and sobriety checkpoints.. balances interests of state with privacy of individual |
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| Policy reasons why speech is fundamental right |
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| democracy, marketplace of ideas, autonomy, tolerance |
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| Strict scrutiny. Presumed to be invalid unless there is a compelling state interest that is narrowly tailored. Viewpoint or Subject Matter restriction. |
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| law must substantially relate to an important governmental interest. Intermediate scrutiny. |
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| restricts particular viewpoint.. 'nobody can speak in favor of prop 8 but can speak for it' CSI/NT |
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| Subject Matter Restriction |
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| You can't speak about the subject in public, CSI/NT |
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| 1st general analysis or exceptions |
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| Incitement commit illegal activity, fighting words, hostile a, libel, pornography |
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| Coates v City of Cincinnati |
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| Vague if a reasonable person.. |
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| Independent Considerations of terminology of the law |
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| Clear and Present Danger Test: The words used are used in such circumstances and used in such a nature as to create a clear and present danger, that they will (could) bring about the substantive evils that Congress has the right to prevent. Socialist leaflets |
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| Published 12 articles in his own newspaper denouncing war and military action.. violating espionage act.. ruled that paper was unconstitutional because soldiers could read or potential soldiers and oppose the war |
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| Cases to reference for abortion |
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| nature of invasion against needs of the body doing search (TLO.. 2 other cases) |
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| Thomas v Collins: Must have clear support of public danger, actual or impending. Only the gravest abuses allow for the restriction of free speech. |
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| Court must weigh whether the gravity of the evil discounted by its improbability justifies the invasion of free speech as necessary to avoid public danger |
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| 1) Likelihood of imminent illegality as a result of speech and 2) speaker must intend to direct that imminent illegality. |
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Speech not protected..Speech directed at another person likely to provoke violent response
o Words that incite hatred and violence toward the targets
• Usually a 1-on-1 attempt to fight someone; Chaplinsky v New Hampshire |
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| burned flag, no reasonable onlooker would see as gihting words.. |
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