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The California Supreme Court has repeatedly "interpreted the [law] as protecting classes other than those listed on its face". [6] For example, even prior to the 2005 addition of sexual orientation to the law's list of covered classes, the Unruh Act had been "construed as protecting gays and lesbians from arbitrary discrimination", [6] such as in the case of Rolon v.
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
Gilbert v. California, 388 U.S. 263 (1967), was an important decision of the Supreme Court of the United States, which was argued February 15–16, 1967, and decided June 12, 1967. The case involved Fourth Amendment and Fifth Amendment rights, the taking of handwriting exemplars, in-court identifications and warrantless searches.
[6] [2] Other examples include: pen registers that record the numbers dialed from particular telephones; [7] conversations with others, though there could be a Sixth Amendment violation if the police send an individual to question a defendant who has already been formally charged; [8] a person's physical characteristics, such as voice or ...
However, there are several exceptions. For example, the Supreme Court has held that "threats may not be punished if a reasonable person would understand them as obvious hyperbole", he writes. [42] [43] Additionally, threats of "social ostracism" and of "politically motivated boycotts" are constitutionally protected. [44]
Other statutes provide protection to groups not covered by the federal acts. Some state laws provide greater protection to employees of the state or of state contractors. The following table lists categories not protected by federal law. Age is included as well, since federal law only covers workers over 40.
The Supreme Court established the judicial precedent for suspect classifications in the cases of Hirabayashi v.United States [5] and Korematsu v. United States. [6] The Supreme Court recognizes race, national origin, and religion as suspect classes; it therefore analyzes any government action that discriminates against these classes under strict scrutiny.
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people are qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with employees and employment and housing .