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RESTRICTING SPEECH SUBVERSIVE ADVOCACY BASED ON CONTENT:
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A. General Policies 1. Whether or not the First Amendment protects certain speech often depends on its content. Government may use the content of expression as the basis for regulating it by considering it in a separate category from other expression. 2. The First Amendment does not absolutely bar regulation of speech based on content. For example, utterance ofpatently offensive words dealing with sex or other bodily functions may be regulated because of their content. ...

Case Overviews
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The Civil Rights Cases (S.Ct. 1883) Facts: The Civil Rights Act of 1875 provided that all people, regardless of race and color, were entitled to equal enjoyment of all public places of amusement. ...

State Action
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State action is apparent whenever the claim involves a statute, regulation, or direct action by the government or one of its subdivisions. A. The Public Function Approach The actions of private individuals or corporations constitute state action when the state has entrusted the private actor with the performance of functions that are governmental in nature. The private actor is an agent of the state. There are several areas where the Court has found "public function:" 1. White Primary Cases Private political "organizations" may not hold primaries which are racially discriminatory. See, ...

Case Overviews
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Railway Express Agency v. New York (S.Ct. 1949) Facts: New York City prohibited advertising on business delivery vehicles unless the advertisement was for the owner's business. P sold space on its trucks for advertising that was unconnected with its own business. ...

Fundamental Rights
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A. Generally An equal protection challenge involving a fundamental right triggers strict judicial scrutiny. Two kinds of rights are deemed "fundamental": 1. Those explicitly guaranteed by the Constitution and 2. Those felt to be so important that they are considered implicitly granted by the Constitution, such as the right to vote. MNEMONIC: PAT VOTE B. Right to Privacy 1. The right to privacy was guaranteed in Roe v. Wade. If the equal protection challenge involves a privacy right, the strict scrutiny standard is applied. 2. This right does not extend very far with re ...

Suspect Classifications
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A. Factors In determining whether a classification is suspect, the Court looks at two factors: 1. Perennial Loser Whether the classified group is frequently the object of discrimination such that the group is deemed a "perennial loser in the political struggle;" and ...

Case Overviews
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Lochner v. New York (S.Ct. 1905) Facts: A New York law prohibited the employment of bakery employees for more than 10 hours a day or 60 hours a week. ...

Case Overviews
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Youngstown Sheet & Tube Co. v. Sawyer [The Steel Seizure Case] (S.Ct. 1952) Facts: Responding to a proposed work stoppage in the steel industry, President Truman issued an executive order directing the Secretary of Commerce to seize and operate most of the nation's steel mills. ...

Fourteenth Amendment
Content Type: Outline

The Fourteenth Amendment provides that "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." ...

Procedural Due Process
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A. Defined The Fifth and Fourteenth Amendments prevent both the federal and state governments from depriving any person of "life, liberty, or property without due process of law. Application This does not mean that the clause bars the government from any procedural irregularities. It only applies when life, liberty, or property are taken. Board of Regents v. Roth. Effect The clause essentially means that the government may not act as arbitrarily or unfairly as it wishes. ...