Constitutional Law Keyed to Choperback
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A state passed a law requiring that anyone holding himself out to be a private investigator in the state must be licensed by the state. Licensure requirements included a thorough background check into the person’s criminal record and mental health. It also required passing a test on ethical obligations of a private investigator. Finally, the investigator was required to sign a two-part oath. Part one was a loyalty oath, which stated: “I solemnly swear (or affirm) that I will be loyal to the United States and to the state and will uphold their constitutions.” Part two stated: “I solemnly swear (or affirm) that I am not now a member of any organization that advocates illegal acts, nor will I become a member of any such organization while I am a licensed private investigator in this state.”
An experienced investigator with a master’s degree in criminal justice administration applied for a private investigator’s license. He easily passed both background checks, but he refused to take the oaths, claiming that they inhibited his freedoms of speech and association as guaranteed by the federal Constitution. The state professional licensure board denied him a private investigator’s license solely on the basis of his refusal to take the oaths. The investigator sued in federal court to require the state to grant him a license and to strike down the oath requirements in the licensure statute.
How should the court rule?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
A critically acclaimed movie that had received a number of awards opened in a small town. The film had portrayals of nudity and scenes involving sexuality, but its advertising was very tasteful and concentrated on its critical acclaim and its receipt of seven Academy Award nominations. Nevertheless, when the movie opened in the small town, there was a public outcry against it, including picketing. The town, which had been founded in the late nineteenth century by a fundamentalist religious group, remained very conservative and highly religious, and was the only community in the state where a consensus of the community would find the movie to be obscene. The town prosecutor went to the local court seeking an injunction to halt the showing of the movie. The theater owner refused to voluntarily stop showing the film and appeared in court to defend against the proposed injunction.
What is the owner’s best defense?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
Adherents of a particular religion whose tenets focused mostly on business practices forbade women from studying their sacred texts. The school permitted numerous student groups to use its facilities for extracurricular activities during times when classes were not in session. However, the school administration denied the requests from the group in question, claiming that it would be in violation of a state statute forbidding any group using public facilities to discriminate on the basis of race or gender. The students brought an action in federal court challenging application of the statute to them by the school administration.
If the court finds the actions of the school valid, it would most likely be because:Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.
To increase tourism, a city began sponsoring laser light shows, which proved to be very popular. Several charitable organizations received permission from the council to sponsor a show and charge admission to raise money to help support their causes. One of them hired a famous laser light artist to give their show. When the artist arrived, he began setting up his lasers for the show. A city official soon stopped him, informing him that he could use only the city’s lasers because the city feared that outsiders might use powerful lasers that could cause eye damage to viewers. The artist told the charitable organization that had hired him that the success of his art depends on the power of his lasers and that he could not produce desirable effects using the city’s lasers. The charitable organization appealed to the city, but the city held fast to its rule requiring all laser light artists to use the city’s lasers.
If the charitable organization files an action against the city, how will the court rule?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.