Con Law

Under Section 5 of the 14th Amendment, what is Congress allowed to do? And not allowed to do?

Under Section 5 of the 14th Amendment Enabling Clause, Congress may pass legislation to enforce the equal protection clause and due process rights guaranteed by the amendment. Congress may NOT expand those rights or create new ones.

When can the government impose content-based restrictions on speech in a public forum?

The government can impose content-based restrictions on speech in a public forum if the government can satisfy strict scrutiny by proving that the restriction is necessary to achieve a compelling government interest

When can the government interfere with the First Amendment freedom of association?

The government can punish people who (1) are active members of a subversive organization, (2) know of the organization’s illegal objectives, and (3) specifically intend to further those objectives

Does the First Amendment protect the media’s right to publish information of public significance and the public’s right to attend a criminal trial? What must the government show in order to abridge these rights?

Yes, the First Amendment protects these rights. The government must pass strict scrutiny to abridge these rights by showing that they have used the least restrictive means to achieve a compelling government interest