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Adjudicative Power: Personal Jurisdiction
Content Type: Outline

Imagine that you were whiling away some free time one Saturday afternoon this semester surfing the Internet on your home computer. During your cyberspace travels, you happened upon an interesting web site that offered you the opportunity to obtain a free, fully functional version of a well known financial planning and check writing program. You were not required to fill out any annoying application form or in any way to identify yourself or your location in order to obtain the file. You simply had to click an icon on the screen and the sponsor of the web site would automatically deliver a file ...

Introduction
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The Religion Clauses of the First Amendment provide that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." The Establishment of Religion and the Free Exercise Clauses apply to the states under the Fourteenth Amendment. ...

Case Overviews
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I. REGULATION OF SPEECH BECAUSE OF ITS CONTENT Schenck v. United States (S.Ct. 1919) Facts: Ds mailed leaflets demanding that the public "Assert Your Rights" and peacefully express opposition to the draft during World War One. ...

Pervasive Themes
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A. Introduction In many cases, the Supreme Court has to decide whether a particular federal or state statute has violated the First Amendment guarantee to freedom of speech. Sometimes there is a valid government policy in restricting certain speech activity. In determining the validity of a statute with respect to First Amendment rights, the Court must balance speech interests against the governmental interests in the particular statute. The governmental interests must be unrelated to the suppression of free expression. U.S. v. O'Brien. Often, the Court analyzes the statute by determining wh ...

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
Content Type: Outline

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 ...