The Self-Help Guide to the Law: Know Your Constitutional Rights: Guide for Non-Lawyers, #7
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About this ebook
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
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
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The Self-Help Guide to the Law - J. D. Teller, Esq.
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
Logo_TellerBooks (300 dpi) (3' xwww.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