1. Unprotected speecha) Defamation and/or other untruthsb) Fighting wordsc) Obscenity2. Freedom of Religiona) Establishment Clauseb) Free Exercise ClauseB. Due Process Clause1. Substantive2. ProceduralC. Equal Protection Clause1. Three different testsa) Strict scrutiny(1) suspect class(2) compelling governmental interestb) Intermediate scrutiny(1) Usually involves gender(2) Substantially related to important government objectivec) Rational basis(1) Most business regulations(2) Rational method that relates to a legitimate government interest.D. Privacy1. 4thAmedment2. Medical records3. Patriot ActI. ADMINISTRATIVE LAWA. Overview1. Administrative agencies the fourth branch of government2. Created out of necessity3. Creationa) Some agencies are created by Congress others by the presidentb) Enabling Acts(1) Create the agency(2) Define the scope of the agency’s powerB. Agency Powers1. Legislative: creating the rulesa) Administrative Procedures Act(1) Rulemaking Requirements(a) Notice(i) Federal Register(b) Public comment(i) Written(ii) Hearings(2) Modification, adoption, or rejection2. Executive: carrying out the rulesa) Licensesb) Inspections(1) Subpoenas(2) Warrantsc) Consent Decreesd) Agency advice3. Judicial: interpreting the rulesa) Administrative law judges(1) Experts(2) Risk of biasC. Challenging Agency Rules1. Rule is arbitrary and capriciousa) Did agency follow procedures set forth in the APA?b) Agency only needs to show that there is some reasonable basis for their actionc) Courts (non-adminstrative) will defer to the agency’s judgmentD. Legislation limiting agency power1. Freedom of Information Acta) Written request for informationb) Major exceptions(1) National defense(2) Protected secrets2. Federal Privacy Acta) Federal government cannot disclose information about citizens without their consentb) Exception for law enforcement3. Government in Sunshine ActMGMT 217 1st Edition Lecture 8Last Lecture outline:1. Unprotected speecha) Defamation and/or other untruthsb) Fighting wordsc) Obscenity2. Freedom of Religiona) Establishment Clauseb) Free Exercise ClauseB. Due Process Clause-government shall not deprive people of life, liberty, or property without due process1. Substantive 2. ProceduralC. Equal Protection Clause- No person shall be denied equal protection of the laws1. Three different testsa) Strict scrutiny(1) suspect class(2) compelling governmental interestb) Intermediate scrutiny(1) Usually involves gender(2) Substantially related to important government objectivec) Rational basis(1) Most business regulations(2) Rational method that relates to a legitimate government interest.D. Privacy1. 4thAmedment-unreasonable search and seizure2. Medical records-HIPAA3. Patriot ActLast lecture:I. ADMINISTRATIVE LAWA. Overview1. Administrative agencies the fourth branch of government2. Created out of necessity3. Creationa) Some agencies are created by Congress others by the presidentb) Enabling Acts(1) Create the agency(2) Define the scope of the agency’s powerB. Agency Powers1. Legislative: creating the rulesa) Administrative Procedures Act(1) Rulemaking Requirements(a) Notice (i) Federal Register(b) Public comment(i) Written(ii) Hearings(2) Modification, adoption, or rejection2. Executive: carrying out the rulesa) Licensesb) Inspections(1) Subpoenas(2) Warrantsc) Consent Decreesd) Agency advice3. Judicial: interpreting the rulesa) Administrative law judges(1) Experts(2) Risk of biasC. Challenging Agency Rules1. Rule is arbitrary and capriciousa) Did agency follow procedures set forth in the APA?b) Agency only needs to show that there is some reasonable basis for their actionc) Courts (non-adminstrative) will defer to the agency’s judgmentD. Legislation limiting agency power1. Freedom of Information Acta) Written request for informationb) Major exceptions(1) National defense(2) Protected secrets2. Federal Privacy Acta) Federal government cannot disclose information about citizens without their consentb) Exception for law enforcement3. Government in Sunshine ActLecture: Administrative agencies are created whenever the need for one arises. Some are created by congress , others by the president. Acts that create agencies are called enabling acts. Agencies can create rules, butbefore that they have to give notice and then allow time for public comment. They then modify the law if needed. They can issue subpoenas and can get search warrants. Subpoena: an order for someone to attend court.Consent Decree: An agreement between two groups to settle a dispute without any party admitting guilt. Freedom of Information Act:Citizens can see government documents unless they have to do with national security.Federal Privacy Act: Requires that agencies give citizens notice of their system of recordsGovernment in the Sunshine Act:Federal agency meetings may be closed to the