CRIM 424 Lecture Notes - Lecture 2: Strict Scrutiny, Proactive Law, Maryland State Police
28 Nov 2018
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Document Summary
Proper balance between providing the government with sufficient power to protect national security and prevent crime and protect civil liberties. Judicial review of government action: whether the government has crossed the line or not, rational basis test, the easiest form of judicial review, legitimate govt interest within this one context furthered by the governmental action military included. The more sacred constitutional right the more the govt is going to have to show in order to infringe on it. The most sacred: the first amendment right. Addresses overt partisan political activity by federal employees. Restricting things that could question the constitutional rights. Even if speech is offensive and deplorable is given a wide zone of protection. Death of a military man who"s funeral was picketed by the westboro baptist church. Unconstitutional infringement to allow for the case to take place because of the freedom of speech so the church groups is protected.
