Constitutional Law: Equal Protection & First Amendment Speech

Flashcards covering key concepts in Equal Protection and First Amendment Speech laws.

What does the Equal Protection Clause say?

No State shall… deny to any person within its jurisdiction the equal protection of the laws.

Which amendment contains the Equal Protection Clause?

The 14th Amendment.

Who has the power to enforce the Equal Protection Clause?

Congress, under Section 5 of the 14th Amendment.

What federal law prohibits employment discrimination?

The Civil Rights Act of 1964, Title VII.

What are suspect and quasi-suspect classifications under Equal Protection?

Suspect: Race, national origin, religion → strict scrutiny; Quasi-suspect: Gender, legitimacy → intermediate scrutiny.

What’s the difference between content-based and content-neutral speech regulations?

Content-based targets the message → strict scrutiny; Content-neutral regulates time, place, manner → intermediate scrutiny.

What level of scrutiny applies to content-based restrictions on speech?

Strict scrutiny.

What level of scrutiny applies to content-neutral restrictions?

Intermediate scrutiny.

What case is an example of content-neutral regulation?

McCullen v. Coakley — buffer zones around abortion clinics.

What test applies to commercial speech restrictions?

Central Hudson Test.

What are the steps of the Central Hudson Test?

1. Speech must concern lawful activity and not be misleading. 2. Gov’t interest must be substantial. 3. Regulation must directly advance that interest. 4. Must not be more extensive than necessary.

What test applies to government-compelled commercial disclosures?

Zauderer Test.

What are the elements of the Zauderer Test?

1. Disclosure must be purely factual and uncontroversial; 2. Must be reasonably related to a significant gov’t interest; 3. Must not be unduly burdensome.

What scrutiny level applies to false/deceptive ads or illegal products?

Minimum scrutiny.

What is the Central Hudson Test used for?

It determines whether government restrictions on commercial speech are constitutional under the First Amendment.

What is the first question under the Central Hudson Test?

Is the speech protected?

What is the second step in the Central Hudson Test?

Is there a substantial government interest behind the restriction?

What is the third step in the Central Hudson Test?

Does the law directly advance the government’s interest?

What is the fourth step in the Central Hudson Test?

Is the restriction narrowly tailored?

What is the Zauderer Test used for?

To evaluate government-compelled commercial disclosures.

What must be true for compelled speech to be constitutional under the Zauderer Test?

1. Disclosure is purely factual and uncontroversial; 2. Law serves a significant government purpose; 3. Disclosure is reasonably related to that purpose; 4. It is not unduly burdensome.

How does the Zauderer Test differ from the Central Hudson Test?

Zauderer applies to compelled factual speech, not bans; it uses lower scrutiny.

Do laws creating buffer zones around clinics violate the First Amendment?

Only if they burden more speech than necessary.

What is the Free Exercise Clause?

A constitutional protection in the First Amendment that prohibits the government from interfering with individuals' religious beliefs and practices.

What is a neutral law of general applicability?

A law that applies equally to everyone and does not target religion.

What is a law that targets religion?

A law that intentionally singles out a religious belief or practice for punishment or restriction.

What is RFRA?

A federal law that requires the government to meet strict scrutiny when its actions substantially burden a person’s religious exercise.

Does RFRA apply to states?

No, RFRA only applies to the federal government.

What is a substantial burden under RFRA?

A law or action that significantly interferes with a person’s ability to practice their religion.

What is the Sherbert Test?

A legal test used to evaluate Free Exercise Clause claims.

What is the first step in the Sherbert Test?

Determine whether the individual holds a sincere religious belief.

What is the second step in the Sherbert Test?

Determine whether the government has placed a substantial burden on the individual’s ability to act on that belief.

What must the government prove under the Sherbert Test?

That it has a compelling interest and used the least restrictive means.

What is the constitutional basis for the right to privacy?

It is rooted in the 5th and 14th Amendments, protecting personal autonomy and bodily integrity.

What did Dobbs v. Jackson Women’s Health decide?

It overturned Roe v. Wade and Casey, eliminating federal constitutional protection for abortion rights.

What is the current standard of review for abortion laws after Dobbs?

Rational basis review.

What are examples of privacy rights recognized before Dobbs?

Sterilization & procreation; Contraception.

What does the Free Exercise Clause prohibit?

Government actions that target or unduly interfere with religious beliefs and practices.

What does the Free Exercise Clause require and permit?

Requires accommodation of religious practice; permits accommodation in others.

What level of scrutiny applies if a law targets religion?

Strict scrutiny.

What level of scrutiny applies to a neutral law of general applicability?

Rational basis.

What does RFRA require of the federal government?

Apply strict scrutiny to any federal law that substantially burdens religious exercise.

What is the RFRA test for when government burdens religion?

The government must show: A compelling government interest, and use of the least restrictive means.