con law rules - short rules.txt

• 1) imminent illegal activity
• 2) directed to cause the activity

• 1) appeals to the prurient interest [lustful excitement]
• 2) patently offensive [local laws]
• 3) lacks all social value [nationally]

• 1) deceptive, false, illegal actvity - unprotected
• 2) else, IS applies

• Speech related to matter of public concern . . .
• 1) if P is a public figure, then falsity + malice. [CCE standard]
• 2) if P NOT public figure, then falsity + negligence.
• If matter of public concern, malice must be proven to get presumed or punitive damages.
• If not a matter of public concern, malice not required to get presumed or punitive damages.

• 1) content-neutral
• 2) IS
• 3) leaves open other adequate alternative places for communication
• else, SS

• 1) viewpoint neutral
• 2) reasonable
• else, SS

• Heightened scrutiny
• 1) IGI
• 2) burden no greater than necessary to acheive purpose

• Generally SS if pohibits or punishes a group.
• Can prevent a group from discriminating, unless discrimination is integral to expressive activity

• 1) actively affiliated w/group
• 2) knowing of its illegal activities
• 3) specific intent to further those activities

• Govt cannot punish or burden on the basis of religion
• SS, if law was motivated by religious reasons

• Govt cannot make any laws establishing a religion
• If facially establishes, then SS applies.
• If facially valid, then Lemon test applies.
• Lemon Test:
• 1) Secular Purpose
• 2) Secular Effect
• 3) Excess Entanglement

• SS: Necessary to acheive a CGI
• IS: Substantially related to acheive a LGI
• RB: Rationally related to a LGI

Whether the govt has adequate justification take away someone's rights [economic liberties/privacy]

• Non-fundamental rights
• 1) economic regulations
• 2) social regulations

• Fundamental rights, including
• 1) interstate travel
• 2) voting
• 3) privacy

• 1) contraception
• 2) marriage
• 3) procreation
• 4) child rearing, regarding choice of private education
• 5) right for a family to stay/live together

• 1) pre-viability, OK only if no undue burden
• 2) post-viability, can be prohibited unless woman's health is threatened

• P must prove that he suffered a deprivation of life, liberty, or property.
• liberty = constitutional freedom
• property = entitlement to a continued receipt of benefit
• *note: must be intentional/reckless govt action

• balance
• 1) importance of interest to individual
• 2) ability of additional procedures to increase the accuracy of fact-finding
• 3) govt's interest

• 1) Govt may take private property
• 2) for public use [reasonable belief]
• 3) if it pays just compensation [market value, loss to owner]

confiscation or physical occupation of property

Deprivation of all economically viable use of property