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Political Question Doctrine
Political Question Doctrine Cartoons

Political Question Doctrine

Massachusetts v. Environmental Protection Agency, states can sue over global warming, case or controversy requirement. Environmental attorney. Damage to the environment.
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Privileges And Immunities Clause
Privileges And Immunities Clause
United Building and Construction Trades Council v. Mayor and Council of Camden. A law that survives Commerce Clause scrutiny throught the market participant exception may be subject to the Privileges and Immunities Clause of the Constitution.
Preemption Under The Supremacy Clause
Preemption Under The Supremacy Clause
Pacific Gas and Electric v. State Energy Resources Conservation and Development Commission; Preemption cases depend on how the court charcterizes the purposes of the state statute and the controlling federal statute. Supremacy Clause.
Lochner Era
Lochner Era
Lochner v. New York; A law that infringes on freedom in the marketplace and freedom of contract is unconstitutional if it does not bear a reasonable relation to a legitimate governmental purpose.
Economic Regulation
Economic Regulation
Williamson v. Lee Optical; Economic regulation is constitutional if there exists some hypothetical rationale for the legislation.
Gerrymandering
Gerrymandering
Davis v. Bandemer; Courts will review political gerrymandering controversies. For a violation of equal protection must prove both intentional discrimination against an identifiable political group and an actual discriminatory effect on that group.
Incitement To Riot
Incitement To Riot
Feiner v. New York; When a public speaker passes the bounds of argument or persuasion and undertakes incitement to riot, police may stop the speaker from speaking, even if it means suppression of the speaker's ideas.
Indecent Words Regulation By The FCC
Indecent Words Regulation By The FCC
FCC v. Pacifica Foundation; Indecent words not used to express political or social opinions can, in the broadcast media, be left unprotected by the First Amendment and thereby be restricted by the government.
School Prayer
School Prayer
Lee v. Weisman; Including religious or religion related topics in official public school functions is coercive in nature so violates the Establishment Clause of the First Amendment.
Adult Business Zoning
Adult Business Zoning
City of Los Angeles v. Alameda Books, Inc.; zoning ordinance prohibiting adult businesses to be in close proximity; adult book store; adult video; also applies to strip clubs.
Content Based Regulation of Speech
Content Based Regulation of Speech
Collin v. Smith; neo-Nazi group may parade through Holocaust survivor town; Free Speech; peaceful expression of unpopular or racist views; ACLU; content-based restriction legislation.
Parody Public Figure
Parody Public Figure
Hustler Magazine v. Falwell; public figure or public official may not recover for intentional infliction of emotional distress due to parody publication without actual malice; Free Speech; First Amendment; invasion of privacy.
Phone Sex Regulations
Phone Sex Regulations
Sable Communications, Inc. v. FCC; pornography on telephone; sex talk; sexual messages; prurient interest; explicit; indecent; obscene; FCC regulations; Free Speech; First Amendment.

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