Name: __________________________
CONSTITUTIONAL LAW
WEEK 9 CASE STUDY (1ST AMENDMENT)
CAUTION: PLEASE READ THE FOLLOWING INSTRUCTIONS:
BEFORE SUBMISSION OF THIS CASE STUDY, YOU MUST POST YOUR INITIAL POST ON WEEK 9’s DISCUSSION BOARD.
PLEASE BE ADVISED THAT YOU MUST ANSWER QUESTION #3. IF YOU LEAVE QUESTION #3 BLANK AND DO NOT PROVIDE A RESPONSE, YOU WILL RECEIVE -0- POINTS FOR THIS CASE STUDY.
PART A. (1/2 point each)
1. __________TRUE OR FALSE: Wearing an arm band and burning a United States flag are examples of the free exercise clause.
IF FALSE, STATE WHY?
eTEXT PAGE REFERENCE:
2. __________TRUE OR FALSE: Symbolic speech consists of action that expresses an opinion that is prohibited because it is too vague for the government to legislate against.
IF FALSE, STATE WHY?
eTEXT PAGE REFERENCE:
PART B. (1 point)
3. The State of New York has passed a statute that makes it a misdemeanor for “any person to go about in a public or private sidewalk to which the public is permitted for the purpose of begging or panhandling.” The statute clearly indicates that the law was passed to facilitate the free flow of traffic on sidewalks and streets.
Regina Best, a 35 year-old homeless person living in New York City, has filed a suit in federal district court challenging the statute claiming it violates her First Amendment rights. Regina frequently sits at the corner of 42nd Street and 5th Avenue near the New York Public library holding a cup and wearing a sign asking for assistance.
Regina has been arrested twice for violating that statute. Rick Best, Regina’s son, a successful lawyer files a lawsuit in federal court challenging the statute on First Amendment grounds. What arguments can be made supporting Regina’s claim that the statue is unconstitutional? What arguments can the State of New York make in support that the law banning panhandling as being permitted? (300 word minimum/12 point Times New Roman Font)
PLEASE READ THE FOLLOWING INSTRUCTIONS:
In preparing your response to Question 3, please use your e-Text. As a supplement and only after citing information from the eText, may you any other relevant source. Please be advised that your responses must be written solely in your own words. No quotations from the eText or any other source is permitted. Be sure to cite your sources, including specific pages numbers to the eText. ANY SUBMISISON THAT DOES NOT CITE SOURCES WILL RECEIVE A GRADE OF -0-. Further, please be sure to proofread your work before submission. In addition to substance and critical analysis, your assignment will be graded for writing, grammar, spelling, punctuation, etc. For full credit, it is imperative that you follow the Case Study Grading Rubric.
Please note that your answers to the above questions should not simply be one or two conclusory sentences. Your responses must be substantive and provide a thorough and detailed analysis of the questions presented. Please indicate the number of words included in your work at the end of your analysis. To assure full credit, review the Case Study Grading Rubric posted under Course Information.
For best outcomes, please consult the following checklist before, during, and after preparation of your Case Study:
Case Study Procedural Checklist**
-Is your Case Study drafted in 12 point/Times New Roman font?
-Did you review the “Case Study Grading Rubric” before, during, and after the preparation of your submission?
-Did you properly cite your sources from the eText and/or any other relevant source in preparation your work? [Any submission that does not cite sources will receive -0- points].
-When citing to the eText as a source, did you cite the specific page number(s)?
-Did you include the word count of your submission at the end of your work?
-Did you prepare your work in your own words? [Copying and pasting from the eText or any other source is not permitted.]
-Did you proofread your work before submission? [In addition to substance and critical analysis, your assignment will be graded for writing, grammar, spelling, punctuation, etc.]
**Please keep in mind that if the above-referenced items are not strictly followed, points will be deducted from your grade for Case Study.