First Amendment Applications
Introduction:
The First Amendment has many dimensions, and the way in which each dimension has been interpreted has changed over time, between favoring individual rights to favoring societal needs. There are direct connections between line-drawing in the First Amendment and the criminal justice system. The two do intersect. Let’s explore an example.
Mary May, a citizen, living in the jurisdiction where you work as a police chief, posted a sign on her lawn that advocated deporting anyone whose family members had arrived in the United States after 1980, because “they are not real Americans.” The sign prompted angry protests in the neighborhood, and the sign was eventually stolen. May made a complaint about the stolen sign. She also informed the department that she will put up a new sign as soon as she finds enough paint to make it even bigger.
Instructions:
There are concerns within the department that the new sign will almost certainly result in a riot. Answer the following questions below:
- What substantive legal issue is present that connects to the First Amendment?
- What procedural legal issue is present that connects to the First Amendment?
- Citing one court case to support your conclusion, how will you address the possibility of the posting of a large sign that will likely result in a riot?
- What are the possible implications if action is taken?
- What are the possible implications if action is not taken?
Special Instructions:
Create a 1 page essay in APA format according to the instructions above. Use 2 scholarly sources for references. Be sure to use in-text citations.
Solution Preview
First Amendment
Q.1
The substantial legal issue that exist connecting to the first amendment is when Mary resolves to post a symbol on her grass to address deportation of individuals whose relatives came to the United States. This explains the freedom Mary May of expressing her thoughts out to the public (Bray et al, 2016). This is possible because the government respects freedom of expression in the first amendment.
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