The Self-Help Guide to the Law: Know Your Constitutional Rights: Guide for Non-Lawyers, #7

The Self-Help Guide to the Law

Know Your Constitutional Rights

THE SELF-HELP GUIDE

TO THE LAW

Know Your Constitutional Rights 

J. D. Teller, Esq.

The Self-Help Guide to the Law

Know Your Constitutional Rights

J. D. Teller, Esq.

Copyright © 2014-16 by TellerBooks™. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, including photocopying, recording, or copying to any storage and retrieval system, without express written permission from the copyright holder.

2016 Edition

ISBN (13) (paperback): 978-1-68109-050-4

ISBN (10) (paperback): 1-68109-050-3

ISBN (13) (Kindle): 978-1-68109-051-1

ISBN (10) (Kindle): 1-68109-051-1

ISBN (13) (ePub): 978-1-68109-052-8

ISBN (10) (ePub): 1-68109-052-X

JuraLaw™

an imprint of TellerBooks™

TellerBooks.com/Time_Books

www.TellerBooks.com/JuraLaw

Portions of this book were previously published as Law School Survival Guide, copyright © TellerBooks 2008-2016.

DISCLAIMER: Although this book is designed to provide rigorously researched information, it is intended not as a definitive statement of the law, but rather, as a concise and general overview that will help readers to understand basic legal principles and find further information, if necessary. Because the law changes rapidly through new statutes and innovative judicial decisions, law books, including this one, may quickly become outdated. Furthermore, some decisions may be ambiguous and subject to differing interpretations and other sources may come to conclusions distinct from those presented herein. Nothing in this book forms an attorney-client relationship or is intended to constitute legal advice, which should be obtained through consultation with a qualified attorney.

Self-Help Guides to the Law™

Self-Help Guides to the Law™ explain the law in clear, concise terms to a popular audience of non-lawyers. Summarizing the key areas of the law with which readers are most likely to come into contact, the Guides broadly outline the statutes and cases that govern landlord-tenant relations, personal injury, contracts, family law, criminal law and constitutional law and procedure.

With detailed references to sources for readers wishing to delve deeper, the Guides are ideal for readers wishing to better understand their legal rights and responsibilities, regardless of whether they ultimately opt to hire a lawyer.

In addition to The Self-Help Guide to the Law: Contracts, Landlord-Tenant Relations, Marriage, Divorce, Personal Injury, Negligence, Constitutional Rights and Criminal Law for Non-Lawyers, readers may acquire the following individual titles:

-  The Self-Help Guide to the Law: Property Law and Landlord-Tenant Relations for Non-Lawyers

-  The Self-Help Guide to the Law: Contracts and Sales Agreements for Non-Lawyers

-  The Self-Help Guide to the Law: Negligence and Personal Injury Law for Non-Lawyers

-  The Self-Help Guide to the Law: Know Your Constitutional Rights

-  The Self-Help Guide to the Law: Criminal Law and Procedure for Non-Lawyers

About the Imprint

With a focus on international and comparative law, the JuraLaw™ imprint publishes monographs exploring public and private international law and overviews of the laws of various nations.

Summary Contents

Table of Contents

Chapter 1. First Amendment Speech

Chapter 2. Due Process

Chapter 3. Equal Protection

Chapter 4. Economic Liberty

Chapter 5. Religious Freedom

Appendices

Table of Contents

Abbreviations

Chapter 1. First Amendment Speech

I. Overview

II. Prior Restraint and Criticism of the Government

III. Public Forums: the Three Categories of Government-Owned Property

A. Traditional Public Forums

B. Designated Public Forums

C. All Remaining Government Property

IV. Government Speech

V. Termination of Public Employees as a Result of Speech

VI. The Impermissibility of Government Content and Viewpoint Discrimination

VII. Commercial Speech

VIII. Words versus Conduct

IX. Adult Entertainment

X. Expressions of Hate

A. Clear and Present Danger

B. Fighting Words

C. Racial Motivation

XI. Free Speech Rights in Public Schools

XII. Freedom of Speech and the Press

XIII. Speech within Private Associations

A. Infringements on Expressive Associations

Chapter 2. Due Process

I. Introduction

II. Procedural Due Process

A. What Constitutes State Action

B. What Constitutes Life, Liberty or Property

III. Substantive Due Process: the Protection of Unenumerated Rights

A. Introduction

B. Parental and Family Rights

C. Privacy

Chapter 3. Equal Protection

I. Introduction

A. Overview

B. Proving Discriminatory Intent

II. Strict Scrutiny

A. Race

B. Alienage

III. Intermediate Scrutiny

A. Gender

B. Illegitimacy

IV. Rational Basis Scrutiny

A. Sexual Orientation

B. Illegal Alienage and Children of Illegal Aliens

C. Other Classifications

Chapter 4. Economic Liberty

I. The Protection of Economic Liberty

II. Substantive Economic Due Process

III. Privileges and Immunities Clause (Article IV)

IV. Privileges or Immunities Clause (Fourteenth Amendment)

A. Overview

B. The Right to Travel

Chapter 5. Religious Freedom

I. The Public Affirmation of God and the Importance of Religion

A. Early Establishment Clause Interpretation

B. Incorporation of the Religion Clauses against the States

II. The Establishment Clause

A. The Four Establishment Views

B. The Special Context of Private, Religious Schools

C. School Prayer

III. The Free Exercise Clause

A. The Scope of Religion Protected

IV. The Decline in the Protection of the Free Exercise Clause

V. Legislative Action in Response to Smith

VI. Applying Free Exercise Today

A. First Amendment Protections (under Smith )

B. Federal Statutory Protections

C. State Law

Appendices

Thematic Index

Table of Cases

Glossary

Abbreviations

Chapter 1.  First Amendment Speech

I.  Overview

The First Amendment states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

II.  Prior Restraint and Criticism of the Government

A prior restraint is an administrative requirement or judicial order that suppresses speech before it is published or otherwise made.

There is a strong presumption against prior restraints, which the government generally may not issue, because they put too much power