Constitutional Law Lecture 3 of 5: Equal Protection and First Amendment

Constitutional Law Summary

This document provides a summary of key Equal Protection and First Amendment principles.

Equal Protection: The Fourteenth Amendment ensures equal legal treatment. The Supreme Court uses three levels of scrutiny to assess claims: strict scrutiny for suspect classifications (race, etc.), intermediate scrutiny for gender or legitimacy, and rational basis review for most other classifications. Race discrimination is generally invalid; gender discrimination requires a substantial relationship to an important government interest.

First Amendment Freedoms: Protects speech, religion, assembly, and the press. Content-based speech restrictions face strict scrutiny, while content-neutral ones are less strict. Unprotected speech (e.g., incitement, obscenity) receives no protection. Public forums have strong speech protections. Freedom of religion includes the Free Exercise Clause and the Establishment Clause. Freedom of assembly allows peaceful gathering with potential content-neutral restrictions. Freedom of association protects group formation. Freedom of the press is similar to individual speech protections.

Key Points for Bar Exam Analysis: Identifying the correct classification and level of scrutiny is crucial for Equal Protection. For the First Amendment, determining speech protection and regulation type is essential. Understanding these concepts is vital for the bar exam and legal practice.