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const only applies to gov actors, or private conduct where significant gov involvement
1st a prohibits gov from abridging speech. WA const states that you can speak, right and publish on all subjects. Under both, gov may not suppress content of political or religious speech without passing strict scrutiny, compelling state interest least restrictive means. Commercial speech gets intermediate. Cannot suppress political/religious on commercial sign bc some might disagree.
Content Based Regulations
subject to strict. Upheld only if necessary to achieve compelling gov interst, and ct considers least restrictive means. Burden on gov and must be actual, not conceived, purpose.
EP of 14th a and WA const prohibit intentional discrimination on the basis of race, religion or national origin. SS applied to suspect classes, which include race and nat'l origin. When restrict some peeps, even if not suspect class, in exercise of fundamental rt to speak but not others similarly situation, ss will apply.
Statute can be facially discrim, or neutral but provides for disporportionate effect AND discrim impact.
DPC of 15th prohibits gov from burdening liberty to engage in lawful activites. If fund right, SS applied. Otherwise, RB.
state may not intetionalyl take life, liberty, or property without due process of law. Always includes notice and fair hearing. Mathews test - court will weigh risk of erroneous deprivation, burden on gov, and interests involved. Person entitled to eharing before revocation unless emergency.
concrete stake in outcome of case. must show has been, or will be directly or personally injured by unlawful action. Denial of 1 a is concrete right. Must be causal connectioon between injury and conduct, and litigation must be able to remedy the pltf.
1st a, applicable to states through 14 a, cant' discrim against or granting a preference to particular religions. Nondiscriminatory regulation must meet Lemon test: it must serve secular purpose, primary effect must not advance or inhibit religion, and it must not create excessive gov entanglement with religious administration or bureaucracy.
Free Exercise Clause
Can't punish/interfere with religious beliefs but can incidentally burden religious practices by gen regulations. In WA, gov action with coercive affect must pass SS.
Ct can declare rule invalid if made ultra vires and agency makes rule that exceeds its delegated authority. presumed valid and will be upheld if reasoanbly consistent with statute being implemented
Applicable only to state and local rules. Prevents substantial interference with existing Ks. If law substantially impairs private contractual relationships, law will be upheld if significant public purpose.
state.local can regulate commercial activities if it doesnt discrim or unduly burden. Non discrim reg that burdens upheld if furthers leg state interest and bthe burdens don't outweigh the balance.
prohibits intentional discrim against similarly situated people.
Priv and Immunities
prohibits explicit discrim against out of state citizens as to fundamental rights/essential activities. To be upheld, law must meet SS.
imposing penalty = rule under APA. If rule didnt explain who wat and how much can be penalized, then violates APA rulemaking.
At leats 30 days before filign notice, must publish statement of inquiry stating authority for rule, reasons why its needed, coordination with other agencies, process rule might be developed, an explanation of how people can participate in rule making.
20 days prior to rulemaking action, agency shall cause notice to be filed in state registrar
APA violations and DP
APA requires notice of action, 20 days to request hearing, 7 days notice of hearing, opp to examine witnesses and present evidence, given opp to cross, have unbiased decision maker, and written decision with findings of fact and conclusions of law
Content neutral time/place/manner restrictions
content neutral laws that burden non pbulic are valid time place and manner regs if viewpoint netural and reasonably related to legitimate gov interest. Gov properties other than streets, sidewalks, and parks are gen considered non public. Speech and assembly in traditional public forum can be regulated by time, place and manner and WA const provides that persons may speak, write, and pbulish on all subject.
Exhaustion of APA remedies
necessary to appeal to ct unless futile.
- Ct grants releif from agency WHEN:
- 1. order/statute on which order is based violates const on face or as applied
- 2. order outside scope of agency
- 3. agency engaged in unlawful procedure or violated prescribed procedures
- 4. order not supported by evidence viewed in light of whole record
- 5. agency not decided all issues requiring resolution
- 7. order is inconsistent with agnecy rule or
- 8. order is arbitrary or capricious.
11th a prohibits action against a state gov for damages or for injuctive/declaratory relief where state is named as a party. Actions against a state officer for injunctive relief or damages to be paid out of own pocket allowed.
restrictions based on obscene speech have been upheld. If osbscene, taken as a whole by average person applying community standards, if it appeals to the prurient interest in sex, protrays sex conduct in offensive way, and under a national person standard lacks serious artistic political or scientific value.
reg that bans broad range of speech at particular location or undder a particular circumstance will likely be held invalid for overbreadth. Cts more likely to find overbreadth when law limits purse speech as opposed to expression involving conduct.
If law fails to give persons of common intellegence reasonable notice as to what is prohibited, violates DP. Principle applied strictly to 1 a stuff to avoid chilling effect.
gov cant take private prop for public use without just compensation and due process. State const requires that gov prove that public interst actually requires the taking.