Blog

DeKalb County, Georgia, has an ordinance prohibiting the display of “lewd” bumper stickers. “Lewd” is defined by the ordinance as “obscene or profane words or images likely to give offense, or to cause shock or alarm to the viewer or reader.” Mary Martin was issued a ticket for violation of that order by a county sheriff for a bumper sticker on her car that read, “Shit Happens.” She challenges the constitutionality of the ordinance. The judge should:

Based on recommendations of a state commission studying the effect of pornographic films on violent criminal activity, a state adopted legislation banning films intended for commercial distribution that appealed as a whole to the prurient interest in sex of the average person in the community, portrayed sex in a patently offensive way to citizens of the state, and which a reasonable person in the United States would find had no serious literary, artistic, political, or scientific value. In ruling on a constitutional challenge to the legislation from a film distributor in the state who was convicted of distributing films in violation of the legislation, will the federal court likely find the legislation to be constitutional?

A town adopted an ordinance providing that a person must have been a resident of the town for at least one year to be eligible to vote in school board elections. A resident who moved to the town seven months ago attempted to register to vote in the school board elections scheduled for the next month. However, the town clerk refused to register the resident because he will not have resided in the town for a full year prior to the election. The resident filed a class action suit on behalf of all of the new residents of the town, challenging the validity of the one-year residency requirement. Which of the following statements is correct?

A city zoning ordinance requires that anyone who proposes to operate a group home obtain a special use permit from the city zoning board. The zoning ordinance defines a group home as a residence in which four or more unrelated adults reside. An individual applied for a special use permit to operate a group home for convicts during their transition from serving prison sentences to their release on parole. Although the proposed group home met all of the requirements for the special use permit, the zoning board denied the individual’s application because of the nature of the proposed use. The individual sued the zoning board seeking declaratory and injunctive relief on constitutional grounds.  Which of the following best states the appropriate burden of persuasion in this action? 

Congress passes a statute making it a crime to create, sell, or possess any depiction of animal cruelty in violation of federal or state law existing wherever the video was created, sold, or possessed. The intention of the statute is to ban so-called crush videos depicting women crushing small animals in high heels. Don Mexico is charged with selling videos of dogfights, and he challenges the statute’s infringement on his First Amendment right to free speech. Will he prevail?

A man who belonged to an ancient religion whose rituals require the use of bald eagle feathers traveled to an area where bald eagles were known to roost. After searching the area, he found a fallen eagle feather and returned home. A few weeks later, the man showed the feather to an acquaintance, who happened to be a state park ranger, and explained how the feather was obtained. The ranger informed the man that a state anti-poaching law makes any possession of a bald eagle feather without a special permit a crime. The ranger then cited the man for possession of the feather and confiscated it. At the man’s trial for violating the state bald eagle feather possession statute, which of the following constitutional arguments is most appropriate for the prosecution to make?

During an anti-globalization protest in Washington, D.C., participants heard from a variety of speakers who denounced globalization in general and multinational corporations in particular. One speaker, David, pointed toward a McDonald’s across the street from the park in which the protest was being held, called for “regime change in McDonald-land,” and led the crowd in the following chant: “McDonald’s is for clowns. We oughta burn it down.” David then relinquished the microphone and left the stage without incident. The following week, the McDonald’s was put to the torch by unknown persons. David is charged with violating a local law against inciting someone to damage the property of others. He is convicted. On appeal, David argues that his speech was protected by the First Amendment. The appeals court should:

Concerned that the patchwork of state laws governing the issuance of drivers’ licenses and other forms of identification were a threat to national security, Congress passed a law requiring all U.S. citizens and resident aliens to obtain and carry with them at all times a national ID card, which must be produced when requested by state, local, or federal law enforcement personnel. A number of people vigorously objected to what they saw as “Big Brotherism” run amok; several began to burn their ID cards publicly, in protest. Federal law prohibits “forging, altering, or knowingly destroying or mutilating” one’s ID card. When Alex O’Brien is convicted of violating this provision by burning his card in a protest against “big government,” he appeals, claiming that the law is unconstitutional. Which of the following scenarios would be most helpful to his claim?

State O wants to open a pilot daycare program for preschool children and, to that end, it submitted the project for open bids as required by State O law. The lowest bid that met the criteria established by State O was submitted by a religious organization. The organization’s bid is low, in part, because the building in which the program would be housed is tax exempt under State O law under a religious institution exemption to property taxes. The organization agreed to operate under the conditions of the project contract, including the provision prohibiting the program from being used to espouse or promote any particular religious view. Studies have shown, however, that children in such situations tend to emulate their caregivers. State O decides to award the contract to the organization. A citizen of State O brings an action in a proper State O court seeking to set the award aside, claiming that it violates the United States Constitution. Is the citizen likely to prevail?

A state statute requires that all new automobiles sold in the state shall be equipped with a certain safety system to protect passengers in the event of a collision. An automobile company that wants to sell automobiles in the state files an action to enjoin enforcement of the statute, arguing that the statute deprives the auto company of its right to contract freely with customers under the Due Process Clause.What is the appropriate burden of proof?