301 forum and responses 2

there are 3 discussion topics below (part 1, part 2 and part 3). write 200 words for each part in different documents!!

MLA format

Part 1:

Please read the following case scenario below. You will be using these facts to answer questions below.

At 10:00 am on May 11th, 2013, First Lieutenant (LT) Susan Smith and Captain (CPT) Pamela Boyd, were married in the King County Courthouse in Seattle, Washington. On November 6, 2012, Washington became the tenth jurisdiction in the United States for same-sex couples to legally marry. LT Smith and CPT Boyd were, at the time, both stationed at Joint Base Lewis-McCord.

In attendance at the wedding in the Courthouse were LT Smith’s mother and sister, CPT Boyd’s father, step-mother, and step-brother and Colonel (COL) Lopez and Captain (CPT) Henderson, friends of the couple. The ceremony ended at 10:30 am and the group walked out Courthouse using the Jefferson Street exit.

That morning members of the National Organization for Marriage (NOM) were gathered in City Hall Park, a small urban park owned by the City of Seattle. City Hall Park is located across the street from the King County Courthouse on Jefferson Street. The purpose of this gathering was to protest against the marriage of Smith and Boyd.

In accordance with City of Seattle Ordinances, the NOM group obtained the proper Special Event Permit to hold a gathering/ demonstration in a City Park and they obeyed police instructions. Seventy five people were demonstrating by holding up signs and using megaphones to state their message. The signs and verbal messages over the megaphone included “God’s Marriage, One Man + One Woman”, “Gay marriage is evil”, “America is Doomed”, “Lesbians will go to hell”, “Military Dykes Die!”

It wasn’t until Smith and Boyd exited the Courthouse with their friends and family, they saw the signs and heard the messages of the demonstrators across the street in City Hall Park. The demonstrators did not engage in direct conversation with any person from the wedding party, including CPT Boyd and LT Smith.

COL Lopez and CPT Henderson were so upset and angry by these messages that they ran across the street and started beating the demonstrators. Initially they could not be controlled by the police and continued to beat on two of the demonstrators for a period of approximately five minutes resulting in the death of one protestor and serious bodily injury to another. The police arrested many of the protesters for breach of peace and they arrested Lopez and Henderson for assault, battery and murder.

Please answer the following questions:

1. According to the Supreme Court case law, does the fighting words doctrine apply in this case? Why or why not?

2. Is the speech of NOM protected speech under the First Amendment? Why or why not? What case law would you rely upon?

3. If your last name begins with A – M, represent CPT Boyd and LT Smith, how will you argue that the First Amendment did not protect NOM’s speech? What re-course does CAPT Boyd and LT Smith have in the court of law?

4. If your last name begins with N – Z, represent NOM, how will you argue that they were exercising their protected First Amendment rights? Specifically, what case law would you use defend them?

Please note that your answers have nothing to do with your personal feelings, thoughts or experiences with these issues. Your answers are based purely on the law, specifically precedent set by case law. Reviewing the week 3 lesson will be very helpful to you in finding relevant case law.

Part 2: Is what i originally posted Snyder vs. Phelps above. Including the video.

Snyder v. Phelps, 462 US 443 (2011) involved members of the Westboro Baptist Church picketing at the funeral of Marine Lance Corporal Matthew Snyder. Please read the decision by clicking on the case name and give a summary of the facts of the case, the issue, the Court’s decision and whether or not you agree with the court’s legal reasoning. In oral argument, Justice Scalia questions the applicability of the “fighting words” doctrine enunciated in Chaplinsky v. New Hampshire, 315 U. S. 568 (1942). Despite Scalia’s discussion, the doctrine is dismissed in a footnote in the majority opinion and barely mentioned in the concurring opinion. Please watch the video and answer these questions.

Part 3:

Please read the following fact-pattern and answer the questions below.

On a beautiful, crisp fall day in northern Georgia, the North Hall High School football team was preparing for their homecoming game against a rival school, Gainesville High School. Tension was in the air. The players were anxious about the game. It has been years since they beat Gainesville High and they were sure this was going to be the year! Gainesville, Georgia is a small town in northern Georgia, at the foot hills of the Appalachian Mountains. The majority of the citizens of Gainesville are Protestant Christian. Consequently, the vast majority, if not all, of the members of the varsity football team, coaches and players alike, were also Christian. As the team huddled before kick-off, Sam Jones, the captain of the team, gave his fellow players a “pep-talk” to motivate them to play their best. He ended the talk with “Almighty God, we beg Thy blessings upon us, our parents, our teachers and our country. Amen.” The players and coaches let out a resounding, “Amen!” and the team went on to beat their rivals. Homecoming that year was the event of a lifetime for Sam and his fellow players!

Three months later, the Gainesville School District was sued in United States District Court for the Northern District of Georgia by a small group of public school families who complained that Sam’s prayer before the homecoming game contradicted their religious beliefs. The group argued that the team prayer violated the Establishment Clause of the First Amendment to the United States Constitution.

The Superintendent of the school district called Sam, the head coach, and the high school principal, into a meeting once she was made aware of this law suit. Sam explained to the group that he was in no way intending to pray with the team as he had been told he could not do so. He also said that he did not ask his teammates or imply to them that they should respond with Amen. Sam figured that they did it because it seemed natural to them. He told the superintendent that he was very sorry and this put a black cloud over what was one of the best experiences of his young life. As far as Sam knew, every single one of his teammates were Christian so he could not understand who this would have offended and why the school district was being sued.

As it turned out, Sam was right. Each and every last member of that football team was a devout Christian. The pep-talk was overheard by some parents as they were finding their way into the bleachers. These parents, two separate families, were new to the Gainesville community and had moved down from New Jersey that summer. They were Muslims and suing out of fear of not being accepted into the community. One family had a son who was the star quarter back from his middle school in New Jersey. He had hopes of playing for North Hall High School.

If your last name begins with A – M, please represent the School District. What arguments, case law, will you use to show that they did not violate the First Amendment, Establishment Clause?

If your last name begins with N – Z, please represent the families that sued the School District. What arguments, case law, will you use to show that the School District violated the First Amendment, Establishment Clause?

Please note that your answers have nothing to do with your personal feelings, thoughts or experiences with these issues. Your answers are based purely on the law, specifically precedent set by case law. Reviewing the week 3 lesson will be very helpful to you in finding relevant case law.


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