The State of Security requires that people seeking a driver’s license must provide a government photo where the individual is not wearing anything that covers the face. Lucy is a member of the Church of Modesty, which forbids its members to appear in public or be photographed with their faces uncovered. She challenges the driver’s license photo requirement as an undue burden on her religious practice. She will probably not win. 

A housing development contained one-, two-, and three-bedroom units. All units were suitable for occupancy, and the developers of the project filed the appropriate documents, including a Declaration of Restrictions that limited ownership and occupancy of the units to families or to groups of unrelated adults of not more than three in number. Each deed to the individual units also contained the restriction.One of the two-bedroom units was purchased by a woman and her boyfriend. They immediately moved into the unit with another unmarried couple who were friends of theirs. Other unit owners brought suit against the woman and her boyfriend to enjoin the occupancy by the other couple.If the other unit owners prevail, what will likely be the reason?

A state statute discriminating against men can violate equal protection.

Ames City is a racially diverse city in the State of Ames. Recently, the new superintendent of the Ames City School District announced a hiring initiative aimed at filling the ranks of Ames City teachers, which had been depleted by recent retirements. The superintendent announces that she expects that the new cadre of teachers will “look like Ames City,” will furnish role models for Ames City’s students and will be diverse enough to serve the needs of minority students in the Ames City school district. To that end, she announces a goal of 30 percent minority teachers in the new round of hiring. Which of the following would be most helpful in defending the constitutionality of the superintendent’s initiative?

As part of a comprehensive federal aid-to-education program, Congress included the following provisions as conditions for state receipt of federal funds: (1) Whenever textbooks are provided to students without charge, they must include no religious instruction and must be made available on the same terms to students in all public and private schools accredited by the state educational authority. (2) Salary supplements can be paid to teachers in public and private schools, up to 10% of existing salary schedules, where present compensation is less than the average salary for persons of comparable training and experience, provided that no such supplement is paid to any teacher who instructs in religious subjects. (3) Construction grants can be made toward the cost of physical plants at private colleges and universities, provided that no part of the grant is used for buildings in which instruction in religious subject matters is offered.  A federal taxpayer challenges the construction grants to church-operated private colleges and universities. The most likely result is that the construction grants will be:

A State of Cootie statute provides that no retail smoke shop can operate in a wooden building without a license. The state licensing authority consistently refuses to grant such licenses to Cuban Americans, while granting them freely to others. Ricky Ricardo, a Cuban American who’s been denied a smoke shop license, challenges the statute on equal protection grounds. What result?

Concerned Segregationists of America, Inc., is an association of people, formed into a corporation, dedicated to the segregation of the races. They work toward this goal by advertising their views, speaking at forums open to the public, writing to newspapers, and lobbying the government. They are a small group and quite unpopular. In the past five years, their officers have received several threats and their property has often been vandalized. The state has a law requiring any corporation doing business in the state to permit the government to inspect its corporate records. The association turns over its records except for its membership lists, which it refuses to turn over. The association argues that if the members were publicized, they would be harassed, and ultimately the association would not be able to attract and maintain members. Does the association have a right to refuse to disclose its members?

A number of psychotherapists routinely send mailings to victims of car accidents informing the victims of the possibility of developing post-traumatic stress disorder (PTSD) as the result of the accidents, and offering psychotherapy services. Although PTSD is a possible result of a car accident, it is not common. Many accident victims in a particular state who received the mailings complained that the mailings were disturbing and were an invasion of their privacy. These victims also reported that as a result of the mailings, their regard for psychotherapists and for psychotherapy as a form of treatment had diminished. In response, the state enacted a law prohibiting any licensed psychotherapist from sending mailings that raised the concern of PTSD to any car accident victim in the state until 30 days after the accident. The state justified the law as an effort to address the victims’ complaints as well as to protect the reputation of psychotherapy as a form of treatment. Is this law constitutional? 

The Union of Solid Americans (USA) is a nativist organization dedicated to the eradication of illegal immigration. At a recent rally Gerry Swanson, the self-described “commander-in-chief” of the USA, said, “If I had my way, the fence we built along the border would be electric!” He made references to “fajitas” and “refried beaners” and closed his speech saying that “although I am a law-abiding citizen, the time may come when law-abiding citizens might have to take back our country from the illegals by any means necessary, including deadly force!” Swanson was arrested and charged with violating a state law making it a crime to “advocate the duty, necessity, or propriety of violence as a means for accomplishing political reform.” Swanson claimed that his prosecution violated the First Amendment. A reviewing judge should rule for:

As part of a protest against continued American military involvement in Iraq and Afghanistan, Stark Young staged a play in which the main character, played by Young, was a vampire who wore a U.S. Army uniform and preyed on innocent young women who represented various countries in which the Army was conducting military operations. Young was convicted under a federal statute that prohibited the use of uniforms or insignia of the United States armed forces in plays, movies, or on television in any manner that “tended to discredit” the military or its members. The statute is likely to be found: