Attack Outline

First Unit

I. EPC (14thA)

RB

→ law presumed constitutional 

1. Means: rationally related

2. purpose/end: legitimate purpose (not actual)

3. Category: Age, wealth, disability, non-citizen

IS

→ law presumed unconstitutional, burden on gov

1. Means: substantially related

2. purpose/end: important (actual)

3. Category: gender/sex discrimination, non-marital status discrimination, alienage

SS

→ law presumed unconstitutional, burden on gov

1. Means: necessary

2. purpose/end: compelling (actual)

3. Category: race, affirmation, racially neutral language with discriminatory impact

Second Unit

II. 1stA

1stA part 1

A. Free Speech

Unprotected speech

→ “Rational Review,” but a lot of these have their own test within. Can’t pass these tests? Then it doesn’t survive

1. incitement of illegal activities

2. fighting words

3. hostile audience

4. true threat

5. obscenity

Incitement of illegal activities

brandenburg

Fighting words

likely to promote violence

Hostile audience

hostility test

True threat

reckless disregard for statement that would be perceived as a threat

Obscenity

artistic/political/scientific? Patently offensive?

protected speech

1. → SS

   1. Tort liability

   2. Content-based restriction

   3. Viewpoint-based restriction

   4. Prior restraints + PR + licensing

   5. Compelled speech

   6. Expressive conduct

   7. Offensive speech

   8. Racist speech/expression

   9. Content-neutrality

   10. Vagueness and overbreadth

freedom of association

1. Laws restricting disclosure of membership

2. Laws prohibiting discrimination

1stA part 2

B. Religion

Free exercise

government limits on regulated activities

1. State laws: Smith → SS

2. Federal Laws: RFRA / SS

3. EXCEPTIONS:

   1. Ministerial

   2. “Animus”

   3. Discrimination

establishment clause

government aid to religious activities; religion in government agencies

Unit 3

fundamental rights

Unenumerated

1. Marriage

2. Family and reproductive autonomy / privacy

3. Right to purchase and use contraceptives

4. Right to refuse medical treatment

5. No right to physician-assisted suicide

6. Personal autonomy

enumerated

voting