Privileges and Immunities Clause· Established to prohibit states from discriminating against residents of other states merely because of their residency. Thus a state cannot prohibit travel by nonresidents within its borders, not can it deny nonresident plaintiffs access to its court system. -Alaska can’t only hire alaskans-But, state universities can change in-state tuition given tax base.
-*Only applies to individuals, not businesses. Freedom of Religion- “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof”●Government's role is “benevolent neutrality”- neither advancing nor inhibiting religion●Burwell v Hobby Lobby: Supreme Court held that a corporation with few shareholders can claim a religious freedom exemption from being required by the Affordable Care Act to provide contraception to employees as part of its health insurance benefits program- Executive order travel ban legality?? (Establishment clause)Freedom of SpeechNo right of Americans receives greater protection than freedom of speech…. Unlike citizens in so many other countries, we may freely criticize public officials and the laws of our government(This extends to symbolic expression as long as it doesn’t interfere with an important public interest)o Corporate speech- Citizens United (money can be speech)o Unprotected “Regulated” speech●Obscenities (porn)●Defamation- cases of liable and slander almost always lose AND the bar is higher for a celebrity than for an average person(Public eye, people are either going to like you or not like you, harder to win)●Fighting words●Harmful to safety (bomb!)o Commercial speech- only protected if it relates to a lawful activity and if it is not misleading●Sorrell v IMS HealthEqual Protection- “No State shall… deny to any person within its jurisdiction the equal protection of laws.”●Talking about the state or government violating your rights, not talking about businesses or private actors-The fundamental thrust of the Equal Protection Clause is to prohibit the government frommaking arbitrary and unreasonable distinctions among persons.Levels of Review1.Level 1- Rational Basisa.Economic and Social regulationi.If somebody brings a case against a government actor and it’s about money, the government is almost always going to winii.All they have to show is that they have a legitimate government interest (not even a strong one) and the distinction has some rational relationship with that interest
iii.Examples are Emissions Testing, advertising rules. If there is rational basis, more often than not the government wins!!!2.Level 2- Intermediate Scrutinya.Gender based discriminationi.Government must prove that the classification substantially advances an important government interestii.Stricter than rational basis but not as stringent as the strict scrutiny testiii.“Exceedingly persuasive justification”3.Level 3- Strict Scrutinya.