421 all rules

rational baiss is the standard for economic regulations

strict scrutiny for prima facie discrimination on the basis of race

on its face

a facaily neutral law that is applied in a discimatory manner against a protecxted class is subject to strict scrutiny.

Further a compelling government interest
be narrowly tailored to achieving that goal

suspect classes and fundamental rights

Is it rationally related to a government interest.

separate does not mean they do not have equal protection and as long as they are equal provsisons they get equal protection under the laws, segregation is legal

overtunns plessy, segregation is inhernelty unequal and violates the 14 amendment

the 14th amendment applies to the federal govemrent

adqueute compliance with the courts previous holding that raccail discrimination in public education is unconsistional, requires schools to desegertae with all deliabarte speed.

stirct scrutiny is used for de jure history even if only currently de facto.

by law, strcit sruninty applies

by the facts, rational basis applies

rational basis, if de facto discrimination

rational basis. Plaintiff must prove a law is motivated by a disctintory propose and has a discriminatory impact.

strict scrutiny is given to white people, in race discimnation cases

rational basis, government functions exception

rational basis, aliens do count as people for the proposes of equal protection and non citizens must be given equal protection,

rational basis for inter suspect classifcation discmrination

strict scrutiny in gender cases

intermediate scrutiny in gender cases

.Must be substatainally related to the achievement of an important government purpose.

rational bais, veteran prefecne acts, do consistue gender discrimation.

intermediactie scrutiny applies to men in gender discrimation cases.

rational basis, wealth is not a suspect class

wealth is not a suspect class, education is not a fundamental right

voting is a fundamental right, one man one vote

procreation is a fundamental right

privacy is a fundamental right

Penumbras - 1,2,3,4,5,9,
9th amendment - this list is not exasuhtive
Substantive due process - life, liberty

privacy rights protect the right to get an abortion in the 1st trimester.

states can not place an undue burden on a women seeking an abortion before viability.

there is no fundamental right to sodomy, privacy do not ecompass sodomy

rational basis, a law prohibbting anti-discrimantion protection for gay people violates eqaul protection

speech that would ordinarily be protected by the 1st amendment may be prohibited when used in circumstances that it creates clear and present danger

denouncing the US involvement in a war is a clear and present danger that can be prohibited

1st amendment applies to the states, advocating for government over through is clear and present danger.

State syndacsim acts are constitutional if they are prohibiting speech that presents a clear and present danger

overrules whitney- states may only forbid speech that advocates violence or the use of force if that speech is directed and likely to incite imminent illegal actvity.

for speech to be prohibited it must immeditealy incite illegal activity, and must be a specified time, threat

before the speech occurs, censorship

the govemrent can enjoin publication of materailis (prior restraint), only if it would jepordize national security and the burden is very heavy to prove this.

a contract provision imposing on restrictions on the ability of a former public employee to publish information does not violate the 1st amendment

government regulation on non-public forums must only be reasonable and not suppress expression merely because officials oppose the speaker's view.

long tradition of assembly and debate- parks, streets. Time immerioral. Need a compelling state interest to place, time place and manor restrictions on this type of fourum

ublic property the government has opened up for use by the public as a place for expressive activity, as long as it is open it can be subjected to time, place, and manor restrictions. Gov can close it

public property which is not by tradition or designation a forum for public communication, rational restrictions for intended propose, reasonable restrictions.

you can protest from this time to this time in this location, cant be at 2am in neighborhood, also cant be 40 miles away from everyone else.

never allowed, can never ban one persons opinion entirely

money is not speech, Government can as a condition of receiving funds, restrict speech.

a state needs a compelling propose to criminalize public displays of potentially offensive content.

not protected free speech, so inhernelty bad that the words themselves cause injury

states may not regulate categories of unprotected speech “fighting words” on the basis of content

1st amendment does allow states to create enhanced penalties if people choose their victims on basis of race

commercial speech gets intermediate scrutiny, restrictions must advance substantial government interest, and limits are narrowly tailored.

1. Is commercial illegal or misleading
2. Is there a substantial government interest
3. Directly advance gov interest
4. Least restrictive means of advancing interest

a state bar can place some restrictions on lawyers sending direct mail solictactions

1. slander- written
2. libel- spoken

public officials can recover damages for defamation only if they can prove actual malice of the speaker

knew and did it anyway, or reckless disregard for the truth with intent to harm, very high standard.

actual malice standard does not apply to private individuals, states can make libel laws at their leisure, so long as they do not have strict liability/ liability without fault.

when defamatory statements do not involve matters of public concern, a court may permit recovery of present and presumed damages without showing actual malice

NYtimes applies if private reputation, as well as public reptuaution is harmed, your wife leaves you bc you were defamed.

extends nytimes to public figures

public office or public figure, intentional inflcition of emotional distress requires publication contains “false statements of facts which was made with actual malice

the government can regulate symbolic speech if -
1.Within the consistional power of the government
2.Regulation furthers an imporant/substainail interest
3.Government interest is unrelated to suppressing speech
4.Narrowly tailored to achieving that interest

schools can not infringe on free speech unless it creates a substantial disruption.

flag burning is protected speech; government does not get to determine the meaning of speech

money is speech