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Individual Rights Outline
- 1. State Action
- 2. Levels of Scrutiny
- 3. Due Process
- 4. Equal Protection
- 5. 1st Amendment
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2. Levels of Scrutiny
- Rational Basis: reasonably related to a legitimate gov't purpose (challenger burden)
- Intermediate Scrutiny: substantially related to an important gov't purpose (gov't burden)
- Strict Scrutiny: necessary to achieve a compelling gov't purpose (gov't burden)
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3. Due Process
- Procedural Due Process (5th and 14th)
- - individuals are protected from intentional deprivation of life, liberty, or property w/o notice and hearing
- - Balancing test: importance of interest to individual, ability of additional procedures to increase accuracy of fact finding, gov't interest in efficiency
- Substantive Due Process (14th)
- - Economic liberties (RB): contracts clause, takings clause
- - Privacy (SS): CAMPER PC: contraception, abortion, marriage, procreation, education, relations of family, parental rights, consensual homosexual activity
- - Interstate Travel (SS): 50 day residency ok for vote
- - Vote (SS)
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4. Equal Protection
- 5th and 14th
- Determine existence of discriminatory classification: facial or discriminatory impact and purpose
- Identify classification
- - suspect (SS): race, alienage
- - quasi-suspect (IS): gender, legitimacy
- - non-suspect (RB): age, disability, wealth, sexual orientation
- Determine whether law meets level of scrutiny
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5. First Amendment
- Freedom of Speech
- - Facial attacks: prior restraint, unfettered discretion, vague, or overbroad
- - Content Based (SS)
- -- narrowly tailored to meet compelling gov't interest
- -- except violent, obscene (prurient, patently offensive, lacks literary artistic or social value to national RP), defamatory, unlawful activity
- - Content Neutral (IS) Time, Place, Manner
- -- Public forum: content neutral, narrowly tailored to serve important gov't interest, with alternate channels available
- -- Nonpublic forum: viewpoint neutral, reasonably related to legitimate gov't purpose
- -- Private property: no 1st Amd right
- Freedom of Association
- Freedom of Religion
- - Sect preference must meet SS
- - No sect preference must meet Lemon Test: secular purpose, neither advances nor inhibits religion, no excessive gov't entanglement
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