AJ 025 Lecture Notes - Lecture 16: Lisa Madigan, Intermediate Scrutiny, Strict Scrutiny
17 May 2020
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Impression: follow carefully the outline set by scalia and garner (headers and footnotes) One side: standard of review ought to be heightened or strict scrutiny on the side of janus. Reasonableness test example: city v. ontario v. qualm (upheld the search of qualm"s pager) When a person"s privacy interests are at stake, you might have a privacy (yet, if you are an employee of a unit of government, your interests must be balanced with the government"s reasons to search) Elgacy between right to privacy and free speech. Mandatory association: keller v. state bar of california (members required to be members of state bar have right to refrain from subsidizing the organization"s political or ideological activities) Board of regents v. southworth (the issue of mandatory student fees are upheld) Something that employees are obliged to pay has been upheld in the past. Go after some of the cases relied on by janus.
