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I. THE FEDERAL JUDICIAL POWER
Article III: Interpretation of C, federal laws, treaties, and admiralty and maritime laws; disputes between states, states and foreign citizens, and diversity cases. Scope of judicial review (Supremacy Clause of Article VI): Constitutionality of govt acts and state acts. STANDING: Is P is the proper party to bring a matter to the court for adjudication? o Injury. P personally has been injured or imminently will be injured. (economic loss best) Ps seeking injunctive or declaratory relief must show a likelihood of future harm. o Causation & redressability: D caused injury. Favorable decision likely to remedy. No advisory opinions. o No third party standing. P can’t assert claims of others who aren’t before the court. Exceptions: Close relationship; 3d party unlikely to be able to assert own rights; organization standing, if (i) individual members would have standing; (ii) interests are germane to org’s purpose; AND (iii) neither the claim nor relief requires participation of individual members. o No generalized grievances. Can’t sue solely as a citizen/taxpayer seeking government follow the law. Exception: Government expenditures under federal statutes violating Establishment Clause. BUT, no standing to challenge govt grants of property, even if it’s to religious organizations. RIPENESS: Usually P must be injured first. Here, question of whether court may grant pre-enforcement review of a statute or regulation where P doesn’t want to violate the law, wants to get declaratory judgment. o 2 criteria: (i) hardship w/o pre-enforcement review; and (ii) fitness of issue and record for judicial review. MOOTNESS: If events after the filing of a lawsuit end P’s injury, the case must be dismissed as moot. o Exceptions: Capable of repetition but evading review; voluntary cessation; class action where at least one class member has ongoing injury. POLITICAL QUESTION DOCTRINE: Some constitutional claims left to the political branches to resolve. o E.g.: Art. IV “republican form of government”; foreign policy; impeachment and removal process; partisan gerrymandering. Writ of certiorari: Complete discretion for SCOTUS to take case. Need votes of 4 justices to hear it. o E.g.: State high court cases; US court of appeals cases. Cases SCOTUS must hear: Appeals from three-judge federal district courts opinions (Voting Rights Act); suits between state governments (original and exclusive jurisdiction). Requirements to be heard: Final judgment (no interlocutory review). No independent and adequate state law grounds for the decision. If SCOTUS’s reversal of the federal law ground won’t change the result in the case, because there’s an independent state law decision for it, SCOTUS can’t hear it. Can’t sue state govt. 11th Am sovereign immunity bars suits against states in fed & state court, and fed agencies. o Exceptions: Statutory waiver; fed laws adopted under §5 of the 14th Am (e.g., Title VII); fed govt suit against state govt; and bankruptcy. o Suits against state officers are allowed for (i) injunctive relief; and (ii) money damages to be paid out of officer pockets (even if indemnified). Can’t sue if state treasury will be paying retroactive damages. Abstention. Fed courts may not enjoin pending state court proceedings, even though it has jurisdiction. Must appeal through the state system with your federal claims, and can then get to SCOTUS if lucky.
A. ARTICLE III REQUIREMENT FOR CASES AND CONTROVERSIES
B. SUPREME COURT REVIEW
C. LOWER FEDERAL COURT REVIEW
II. THE FEDERAL LEGISLATIVE POWER, ARTICLE I
A. CONGRESS’ AUTHORITY TO ACT
No general federal police power. Congress has to be able to point to express or implied authority. o Exceptions: (i) military; (ii) Indian reservations; (iii) federal lands or territories; OR (iv) DC. Necessary & proper clause, §8. Congress can choose any means not prohibited by C to carry out its authority.
Morrison: not every state provided findings of effect of DV & SA.g. o Conditioning grants to states to induce behavior: Congress can put strings on grants. (The Senate then confirms them. insurance. but never over conflicting federal laws or the Constitution. if conflicts with fed statute. there must always be bicameralism (passage by both the House and the Senate) and presentment (giving the bill to the President to sign or veto).CONSTITUTIONAL LAW 2 Taxing/spending power: Congress can tax/spend for general welfare. and officers of the US can be impeached by majority vote of Congress and removed from office post-trial by Senate (2/3 vote) for treason.g. B. B. and because of the President’s broad power. or for high crimes and misdemeanors. o Conflicts: Can’t conflict with US Constitution. instrumentalities of IC (phones. Executive agreements: Effective when signed by the President and the head of the foreign nation. FOREIGN POLICY Treaties: Negotiated by President with foreign country. Use of American troops in foreign countries: The President has broad powers as Commander-in-Chief.: 21 year old drinking age).. U. o Conflicts: Prevail over conflicting state laws. o Economic activities with substantial effect on IC: Look to aggregate effect. Effective when ratified by the Senate. federal judges. or the lower federal courts (inferior officers are those who can be fired by an officer of the US). and persons or things in IC (stock. just bar on bad practices). Commerce Power: Congress may regulate the channels of interstate commerce (highways. AND removal isn’t prohibited. it’s just limited to good cause. cattle. v. power lines. DOMESTIC AFFAIRS . the VP. Congress can’t give the appointment power to itself or its officers. cases about will likely be dismissed as non-justiciable political questions. 10th Amendment as a limit on Congressional powers: All powers not granted to the US. people). APPOINTMENT AND REMOVAL POWER o Presidential appointments: Ambassadors. prevails over conflicting state laws. No limit exists on Congress’ ability to delegate legislative power to agencies. Legislative vetoes (congressional resolution to overturn an agency rule) and line-item vetoes (president vetoing only part of a bill) are unconstitutional. Congress may not delegate executive power to itself or its officers. the President may fire any executive branch officer. The President. IMPEACHMENT AND REMOVAL. Congress may not create new rights or expand the scope of rights. ARTICLE II A. o Non-economic activities effect on IC: Substantial effect can’t be base on cumulative impact. so no go.S. etc. Exception: Office where independence from President is desirable (e. §5 of the 14th Am. but can prohibit harmful commercial activity by state governments (not affirmative duty.). bribery. THE FEDERAL EXECUTIVE POWER. DELEGATION OF POWERS III. Congress can’t compel state regulatory or legislative action. For Congress to act. fed judges.) o Congressional authority to appoint: Congress may vest the appointment of inferior officers in the President. Congress may act only to prevent or remedy violations of rights recognized by the courts and such laws must NARROWLY TAILORED such that they are PROPORTIONAL and CONGRUENT to remedying constitutional violations. one adopted last in time controls. and officers of the US. PRESIDENTIAL IMMUNITY FROM CIVIL SUIT: absolute immunity to civil suits for money damages for any actions while in office. Unless limited by statute. trucks). internet. are reserved to the state or the people. o Removal power. Special Prosecutor investigating the President). but law applied nationwide. No immunity for actions that occurred prior to taking office. so long as conditions are expressly stated and relate to the purpose of the spending program (e. nor prohibited to the states. eg: Even small amounts of marijuana for medicinal use can be regulated because pot travels in IC in the aggregate. the heads of departments.
i. no less discriminatory alternative. and with such approval. ability to earn a living) unless it is necessary to achieve IMPORTANT government purpose and the discrimination is NECESSARY (no less discriminatory alternative available. PARDON POWER: President can pardon those accused or convicted of federal crimes. Anti-discrimination provision. Only case was Maine v.. A. Must be substantial nexus to state to tax an activity. so valid to protect environment States may not use their tax systems to help in-state businesses. DCC violated if law burdens IC unless NECESSARY to achieve important govt purpose.: IC trucking company can only be subject to % of revenue earned in that state. Supremacy Clause of Art. Note: no protection for corps and aliens. IV violated if the state law interferes with civil liberties or important economic activities (i. Does the state law discriminate against out-of-staters? o IF NO. IV. FEDERALISM Limits what state and local government can do because of the existence of federal government and other states. Types of preemption: o Express preemption: Federal statutes that say that state and local laws in this area are invalid.: IL required a kind of mud guard different from the mud guards used by every other state on big trucks. or govt acting as biz. and field.e. Taxation of interstate business must be fairly apportioned. states can’t apply their stricter state environmental laws to the federal government. so long as all of the following requirements are met: (1) court had jurisdiction over parties and subject matter.) No state shall deprive any citizen of the privileges and immunities of being a US citizen. (2) judgment on merits. i. Privileges and immunities clause of Article IV: No state may deprive citizens of other states of the privileges and immunities it accords its own citizens.e. prevents states and local governments from interfering with IC.: In-state tuition benefit..g. but must yield to other overriding important government interests. obstacle/interference.g. not as to civil liability. o Implied preemption: Conflict. state law won’t be found unconstitutional. THE DORMANT COMMERCE CLAUSE AND PRIVILEGES & IMMUNITIES CLAUSE OF ARTICLE IV C. Privileges and immunities clause of Art. Taylor – the state was worried that imported fish would bring diseases to their fish. Privileges and immunities clause of Article IV doesn’t apply. o Market participant exception: State or local government may prefer its own citizens in receiving benefits from govt programs or in dealing with govt businesses. VI: Constitution.. e.g. FULL FAITH AND CREDIT . Can’t pardon someone who was impeached. are supreme law of the land. or burden federal activity. STATE TAXATION OF INTERSTATE COMMERCE D. and laws and treaties made pursuant to it. Too much of a burden. e. Intergovernmental Immunity: States may not tax or regulate federal government activity.. Courts in one state must give full faith and credit to judgments of courts in another state. and (3) judgment is final. DCC violated if the law’s burdens exceed its benefits. o Congressional approval of a state or local law means the commerce clause is no longer dormant. PREEMPTION B. Can only pardon as to criminal liability.g.CONSTITUTIONAL LAW 3 EXECUTIVE PRIVILEGE OF PRESIDENT: For presidential papers and conversations. e. e.e. o Distinguish .Privilege and immunities clause of the 14th Amendment: (wrong answer unless involves the right to travel. o IF YES. Dormant commerce clause (negative implications of commerce clause): State and local laws are unconstitutional if they place an undue burden on IC.
or property. notice and a hearing. o Commerce power: Discrimination affects IC. PROCEDURAL DUE PROCESS . or property? o Deprivation of liberty: Loss of significant freedom provided by C or statute. Strict scrutiny: NECESSARY to achieve a COMPELLING government purpose. o Entwinement test: Govt authorizes or encourages or facilitates private conduct. EMERGENCY SITUATIONS: Conduct must “shock the conscience” (govt intended to hurt vic). o Nexus: State provided such encouragement that the act of the private party can be deemed to be that of the state. DUE PROCESS A. not just a conceivable one. o 7th Am right to jury trial in civil cases. o 5th Am right to grand jury indictment in criminal cases. o Need only be a conceivable legit purpose. it doesn’t even have to be the actual purpose. State and local through its incorporation into 14th Am DPC.CONSTITUTIONAL LAW 4 V. i.. liberty. Prisoners rarely have liberty interests. A. Parent is institutionalizing a child. o 8th Am right against excessive fines. negligence not enough. no less restrictive alternative. Private actors acting under color of law: o Conspiracy / Joint Action: State and private actor worked together.: To institutionalize adult. state. engaged in constitutional deprivation.e. Congress has broad powers to enforce the 13th Am. e. Private conduct need not comply with C. Intermediate scrutiny: SUBSTANTIALLY RELATED to an IMPORTANT government purpose. o Symbiosis test: Both parties are benefiting so much from each other that they the private actor can be held to be acting under COL because the state is getting benefit from their actions. or property. Govt burden. Even extensive state regulation is not enough. can prohibit racial discrimination. no involuntary servitude. e. B.g. and local. §1. IS THERE GOVERNMENT ACTION? Constitution applies only to government action. Rational basis test: RATIONALLY RELATED to a LEGITIMATE government purpose. o EVERYTHING else is incorporated. §2. o Actual purpose. o Deprivation of property: Entitlement and it isn’t fulfilled. Continuing benefit or right to benefit. unless there is an emergency.. THE APPLICATION OF THE BILL OF RIGHTS C. liberty. What has NOT been incorporated to the states? o 3rd Am right to not have a soldier quartered in a person’s home. more than narrowly tailored. liberty. State licensing and funding is not enough. o Substantially related: Doesn’t have to be the best way. Equal Protection: The government’s differences in the different treatment of people must be adequately justified. LEVELS OF SCRUTINY VI. DEFINITIONS Procedural DP: Procedures government must follow when it takes away a person’s life.g. o Intentional or at least reckless government action required for liability to exist. least restrictive alternative. Statutory exceptions allowing application of constitutional norms to private conduct: o 13th Am: Prohibition of private race discrimination. THE STRUCTURE OF THE CONSTITUTION’S PROTECTION OF INDIVIDUAL LIBERTIES A. can’t own slaves. P has burden. CRA of 1964 prohibits racial discrimination in hotels. screening by neutral factfinder. No deprivation from harm to reputation. o Exclusively public function: Traditionally something that the state and the state alone has done. just good way. Explicit involvement. o Court will look only at the government’s actual objective. Has there been a deprivation of life. federal. Application: Directly to federal govt. Substantive DP: Government must have an adequate reason for taking away someone’s life. o NOTE: Congress can’t use §5 of the 14th Am to regulate private behavior.
o Is there a taking? Possessory taking: Government confiscation of physical occupation of property. CLEAR AND CONVINCING EVIDENCE . City of Chicago. ECONOMIC LIBERTIES D.Rights to: Marry. NO PRIVACY RIGHT: There is not a constitutional right to physician-assisted suicide. saving money). CONTRACTS CLAUSE. states may prohibit abortion unless necessary to protect woman’s life or health. Can’t just be a reduction in a value. Regulatory taking: Regulation (either new or in existence when property was acquired) leaves no reasonably economically viable use of the property. unless person is in govt custody or govt created the danger. can regulate who and where. o Is it for public use? Govt only needs reasonable belief that the taking will benefit the public. o state may require clear and convincing evidence that a person wanted treatment terminated before its end. for instance). control upbringing of your children (can bar grandparent visits). o Parental notice and consent laws for unmarried minors: Acceptable so long as the state creates an alternative procedure where a minor can obtain abortion by going before a judge who can approve the abortion by finding it would be in minor’s best interests or that she is mature enough to decide for herself. TAKINGS CLAUSE: The government may take private property for public use if it provides just compensation. even life-saving medical treatment. states may not prohibit abortions. procreate. Temporary denial of use of property is not a taking so long as govt action is reasonable.CONSTITUTIONAL LAW 5 o Failure to protect doesn’t deny DP. o State or local interference with government Ks must meet strict scrutiny. o Government has no duty to subsidize abortions or provide abortions in public hospitals. Not an absolute right (can be forbidden in schools. No level of scrutiny articulated in Lawrence v. o AND a state may prevent family members from terminating treatment for another. UNDETERMINED LEVEL: Right to engage in private consensual homosexual activity. o Legislation must not SUBSTANTIALLY IMPAIR a party’s rights under an existing K unless the law a reasonably and narrowly tailored means of promoting an IMPORTANT & LEGITIMATE public interest. prohibition of “partial birth abortions. but may regulate abortions so long as they don’t create an UNDUE BURDEN on the ability to obtain abortions. I. it’s a regulatory taking. . custody of one’s children (can’t terminate custody unless compelling reason. What procedures are required if deprivation of DP? Balancing test: (1) importance of interest to individual. o Not undue burden: 24 hour waiting period. o Is just compensation paid? Measured in terms of the loss to the owner using reasonable market terms. Laws affecting economic rights are only subjected to rational basis review. THE SECOND AMENDMENT RIGHT TO BEAR ARMS DC v. Incorporated to states by McDonald v. it’s not just for militia service. UNDUE BURDEN TEST . (2) ability of add’l procedures to increase accuracy of fact-finding. otherwise. and purchase & use contraceptives. Government conditions on development of property must be justified by a benefit that is roughly proportionate to the burden imposed. Art. C. Texas. After viability.” o Undue burden: Spousal consent and notification laws. Per Cruzan. Heller: Citizens do have a right to have firearms. requiring licensed physician to perform abortion. No state (doesn’t apply to feds) shall impair the obligations of existing Ks.Right to refuse medical treatment. but the state can create an irrebuttable presumption that a married woman’s husband is the father of her children). o Retroactive civil liability only need meet a rational basis test. keep your family together. Eg: can say prior felons can’t have guns. STRICT SCRUTINY . Minimal protection. o competent adults have the right to refuse medical treatment. §10. PRIVACY: A FUNDAMENTAL RIGHT PROTECTED UNDER SDP E. and (3) govt interest (efficiency.Right to abortion: Prior to viability.
interests or policies to be served by govt regulation of speech. or that draw district lines to favor or disadvantage some minority. voting. VIII. even if privately donated. In multi-district elections. like requiring establishment of paternity during father’s lifetime to be able to inherit.g. 50 days is the maximum allowable durational residency requirement. At-large elections (where every voter votes for every councilmember) are constitutional unless there is proof of a discriminatory purpose. But constitutional to impose burdens or set restrictions. o Laws cannot be based on stereotypes. Rational basis for restrictions on foreign travel. property ownership (except in water district elections). o Exception getting intermediate scrutiny: Issues involving undocumented alien children. poverty. can’t single out gays and lesbians for not being covered from anti-discrimination laws). Doe (have to give undocumented kids a free public education). . Exception: Govt can choose which artists to fund even though it’s content-based decision. One person one vote: All state & local elections. or as discriminatory impact + intent. teacher). e. 15th Am says right to vote shall not be infringed upon on the basis of race. like the Establishment Clause or EPC). districts must be same in population.. SS benefits.CONSTITUTIONAL LAW 6 F. sexual orientation (per Romer v. (2) Congress has plenary power to regulate aliens. International travel isn’t a fundamental right. The one case addressing this issue was Plyler v. EQUAL PROTECTION RACE AND NATIONAL ORIGIN: Strict scrutiny. or viewpoint restriction. STRICT SCRUTINY for laws that deny right to vote. ILLEGITIMACY: Intermediate. when government funds private messages. show ID.. BUT. o Higher ed institutions can use race as one factor among many in admissions to benefit minorities. Unconstitutional to require poll tax. GENERAL PRINCIPLES Importance of speech or assembly right v. Evans. Government Speech: Govt speech and funding of speech upheld if rationally related to legitimate state interest. o Government can voice its own opinion and choose to fund private speech that furthers its views (absent other limitations. o Quotas or set-asides only allowed to remedy clearly proven past discrimination. RATIONAL BASIS FOR EVERYTHING ELSE: Age discrimination. FIRST AMENDMENT: FREE SPEECH A. Face of the law. disability. (not obscenity and defamation) o Content-neutral laws: INTERMEDIATE SCRUTINY. o Regulations of the electoral process to prevent fraud only need be on balance desirable. G. o Public monuments are govt speech. based on ideology): STRICT SCRUTINY. not subject to Free Speech Clause scrutiny.g. o CONTENT-BASED laws (subject matter restriction based on topic of speech.g. Private speech regulation: Distinguish between content-neutral and content-based laws. o For voting. Face of law or discriminatory impact and intent. like inheritance rights. it must do so on a content-neutral basis. ALIENAGE CLASSIFICATIONS: Scrict. Also covered under EP. e. Counting uncounted votes without preset standards in a presidential election violates EP. different timing for promotion of navy officers.. Unconstitutional to deprive nonmarital children of benefit. Parents Involved (need to show that you are trying to desegregate based on history of segregation). THE RIGHT TO VOTE VII. GENDER CLASSIFICATIONS: Intermediate. THE FUNDAMENTAL RIGHT TO TRAVEL OF THE PRIVILEGES & IMMUNITIES CLAUSE OF THE 14TH AM. police officer. o Exceptions getting rational basis review: (1) Issues involving self-government and democratic process (e. o Public schools can only use race in assigning students if strict scrutiny is met. serving on a jury. Strict scrutiny for laws denying access to move across states or creating durational residency requirements. Only allowable to remedy past discrim if clear discriminatory impact plus intent.
deceptive. o Adult bookstores and movie theaters: Govt may use zoning ordinances to regulate location (preserving character of neighborhood and home values). (3) injunction promptly sought. unless it’s child porn. and definite standards. Commercial speech: INTERMEDIATE SCRUTINY. CATEGORIES OF SPEECH THAT GET LESS OR NO PROTECTION C. Includes symbolic speech. which can be banned. AND (3) procedural safeguards (prompt review of applications.. Contribution limits to individual candidates are constitutional.e. NARROWLY TAILORED to DIRECTLY ADVANCE a SUBSTANTIAL GOVT INTEREST. but not on the lawn of an African American family where there was intent to threaten). Constitutionally protected symbolic speech: Flag burning. AND (2) the speech is directed at causing imminent illegal activity. hence can’t be enforced against anyone. Speech by government employees on the job in the performance of their duties: NO PROTECTION. Alternatively. Permit fees must be non-discretionary. Proper order must be obeyed until vacated or challenge will be barred. or that promotes illegal activity. Unconstitutional Vagueness: Reasonable person cannot tell what speech is prohibited. (2) narrowly drawn. Overbreadth: A law regulates substantially more speech than what the Constitution allows to be regulated. place. o Child porn: The government may ban child pornography even if it’s not obscene. Scope of speech: Freedom to speak includes the freedom not to speak. Will usually be found facially invalid. Violates DP. Defamation & privacy: See torts outline. court will develop a limiting construction to remove the threat to constitutionally protected expression. and (4) prompt and final determination of the validity of the restraint. reasonable. Obscenity and sexually-oriented speech: Some protection. based on a national standard. Unprotected speech symbolic speech: Draft card burning (govt has an interest in having men keep their draft cards in case an emergency mobilization is needed). o Anonymous speech is constitutionally protected. California): (1) Material appeals to the prurient (that which excites morbidly lustful and lascivious thoughts) interest by contemporary community standards. (2) patently offensive under the law’s definition of obsenity. o Need not be least restrictive alternative. speech in schools. cross burning (in the woods. like sidewalks and parks: Speech can only be regulated if (1) subject-matter and viewpoint neutral. Corps can’t give directly to one candidate. o Private possession of obscene material: Protected. political. Profane and indecent language: Protected.CONSTITUTIONAL LAW 7 Prior restraint as judicial order to stop speech before it occurs: STRICT SCRUTINY. lacks serious redeeming artistic. judicial review of denials). o Exception: No protection for advertising that is false. just narrowly tailored. (2) clear criteria. Public forums. o Election campaign contribution & spending limits: Corp & individual expenditure limits are unconst. B. and (2) regulation is time. Prior restraint as licensing or permit system that stops speech before it occurs: STRICT SCRUTINY. o Exceptions: Broadcast media (not cable). WHAT PLACES ARE AVAILABLE FOR SPEECH? . almost no discretion to the licensing authority. o 3-Part Test (Miller v. o Symbolic speech: Govt can regulate symbolic speech if there is an important interest unrelated to suppression of the message and effect is no greater than necessary to achieve the government’s purpose. i. AND (3) taken as a whole. literary. o Test: (1) substantial likelihood of imminent illegality. and manner restriction that serves an important government purpose and leaves open adequate alternative locations for communication. o Must show: (1) Special societal harm if speech isn’t stopped before it starts. or scientific value. o Must show: (1) important reason for license/permit. Incitement of Illegal Activity: Unprotected. but cannot ban them altogether.
where such disclosure would chill association. That would be content-based discrimination. it can’t discriminate against religious groups. can quit your job when they try to make you work on Sunday and still get unemployment benefits). Non-public forums.g. o Lemon Test: (1) secular purpose to law. must meet strict scrutiny. AL held that NAACP didn’t have to share membership. o Government cannot deny benefits to individuals who quit their jobs for religious reasons (e. but has voluntarily opened to speech. Laws that require disclosure of group membership. areas outside jails. So Boy Scouts with anti-gay expressive message can discriminate. (3) no excessive govt entanglement with religion (can’t directly pay teacher salaries in parochial schools). eg: NAACP v. Government sponsored religious activities in public school classrooms are not allowed. IX. . Once opened. sidewalks on USPS property. Laws that prohibit a group from discriminating are constitutional UNLESS they interfere with intimate association or expressive activity.STRICT SCRUTINY To punish membership in a group it must be proven that the person: (i) actively affiliated with the group. (2) primary effect must be neither to advance nor inhibit religion. (ii) knew of its illegal activities. or discrimination against religious speech in favor of secular speech. FIRST AMENDMENT: FREEDOM OF ASSOCIATION . can be totally regulated. like private shopping centers: Not constitutionally protected. would have to meet strict scrutiny. FIRST AMENDMENT: FREEDOM OF RELIGION Free Exercise Clause: The government can make no law that abridges the free exercise of religion. Private property. o BUT if a school is going to open its facilities to student or community groups. Establishment Clause: Government may make no law respecting the establishment of religion. The government may give aid to parochial schools so long as it’s not used in religious education. o Vouchers for use in parochial schools ok.CONSTITUTIONAL LAW 8 Limited public forums.. government has an important secular purpose in improving educational opportunities for students. airports: Govt can regulate speech in a non-public forum so long as the regulation is viewpoint neutral and reasonable. like military bases. Government discrimination among religions. like a school: Govt properties that govt could close to speech. but service org must follow state law barring gender discrimination and allow women to be members. city buses. and (iii) had the specific intent of furthering those illegal activities. X. o Can’t be used to challenge a neutral law of general applicability (eg: law barring use of peyote). no one would want to join. govt has created a limited public forum and the same rules apply as for public forums.