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CONSTITUTIONAL LAW - Coggle Diagram

- - - - Step one: is the law a sect preference? If yes: strict scrutiny
      - No explicit sect preference = Lemon test
        
        !. must have a secular purpose
        
        principle or primary effect or purpose must neither advance nor inhibit religion
        
        must not foster excessive government entanglement with religion
    - - government cannot censor all categories of speech engage in content-based discrimination unless exception applies
        
        Exceotion: content based regulation: incidental burden on free speech allowed if furthering important or substantial government interest unrelated to suppression of free speech AND incidental restriction on free speech is not greater than what's essential to further the interest
        
        Exception: government as speaker
        
        Unprotected speech
        
        advocates violence or unlawful action
        
        fighting words
        
        hostile audience speech
        
        obscene speech
        
        average person would find prurient
        
        work depicts or describes, in a patently offensive way, sexual conduct explicitly defined by state law
        
        taken as a whole lacks serious literary, artistic, political or scientific value
        
        defamatory speech
- - - - Most important = LEGISLATIVE
      - Congress has the power to "make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers": legislative, commerce, taxing, spending, war and defense, investigatory, property, eminent domain, admiralty, bankruptcy, postal, copyright and patent, speech and debate, Civil War amendments
  - - - standing
        
        injury in fact
        
        redressibility
        
        causation
- - - - right to travel
      - right to vote
      - right to privacy
        
        CAMPERS: Contraceptives, Abortion, Marriage, Procreation, private Education, family Relations, Sexual relations (i.e. private adult consensual activity"