CONSTITUTIONAL LAW PROBLEM SET – FREEDOM OF EXPRESSION AND ESTABLISHMENT OF RELIGION
Instructions
You should answer all parts of every question in each problem set. In evaluating your answers, looking especially for correct identification of issues, thorough analysis, facility with the Supreme Court precedent, and logical organization.
Answers should not be in outline form nor contain shorthand, abbreviations (except where clearly noted and defined), slang, or bullet points.
If you believe that further facts are needed to answer any of the questions,state in your answer what facts you would need or what assumptions you have made.
You are expected to post your problem set assignments on time by 11:59 pm EST on Sunday, May 1, 2022. If you miss the cut off by 15 minutes, will accept your assignment if you submit it in Sakai Messages as an attachment. Anything beyond that, unless due to an emergency, is not accepted.
Question 1
The City of Baltimore adopted an ordinance prohibiting “speech or symbols that arouse anger in, deride or insult another on the basis of race.” The City has charged a member of the Segregation Forever Society under that ordinance for displaying an logo above the entrance to its headquarters.
The City alleges that the logo is racially derisive and insulting because the motto on the emblem proclaims that “Separate Is Inherently Desirable and Equal.
” This member was seen shouting this proclamation at persons of different racial and ethnic backgrounds and approaching them as they walked away. These actions lead to a fist fight, and no one is sure who threw the first punch.
Discuss any constitutional grounds upon which the ordinance may be challenged. Provide appropriate references to the Constitution text, Supreme Court case law, and specify all elements of constitutional tests used.
Question 2
Maryland passed a law authorizing construction of a park dedicated to spiritual recognition and acceptance. The law provided that “all religions including, but not limited to, Catholicism, Protestantism, Judaism, Islam, Mohism and Buddhism, shall be permitted to acknowledge and express their religious faith through, among other things, the erection of symbols and statues commemorating their religious heritage.”
The law contained an exception, that prohibited “all symbols, statues, or other items supporting Satanic worship.”
Discuss any constitutional grounds upon which the ordinance may be challenged. Provide appropriate references to the Constitution text, Supreme Court case law, and specify all elements of constitutional tests used.