LGSCONLAW_W5_A2

You can work on either of the two assignments.

The Freedoms of Speech and Expression are ingrained within the US jurisprudence. They are fundamental to our society and have been upheld in numerous capacities through the US Supreme Court. On this assignment, you will choose one of these freedoms, analyze it, and apply your analysis to the hypothetical real-life facts provided.

Option 1: Is the Pledge of Allegiance Unconstitutional?

Recently, the Supreme Court ruled that the teacher-led recitation of the Pledge of Allegiance in public schools was unconstitutional because the phrase “one nation under God” violates the separation of church and state. In a Pennsylvania high school, a girl, who was strongly against the court's decision about taking the pledge from schools, wore a T-shirt with the Pledge of Allegiance on it. As a result, she was suspended from school. The girl said she would not change her T-shirt and that she would be wearing it whenever and wherever she feels like. The principal does not want her in school until she changes her attitude.

Her parents do not know what to do. They come to your office and ask if the principal had the right to suspend their daughter from the school, and is there a potential lawsuit?

What are the rights of the girl in this case?

Your attorney has asked you to research the law, Constitution, and similar cases.

Draft a letter your attorney will send to the client explaining the law and rights of the principal and the girl. In addition, suggest possible action and outcome. Write a letter of no more than 700 words in a Microsoft Word document.

On a separate page, cite all sources according to Bluebook format.

Option 2: Freedom of Expression

At one of the Nebraska colleges, a few students posted fliers accusing some male members of the school of being rapists. Those who initiated the rumor were caught and the targeted members pressed charges against them. At the same school, a group of actors performing a play for the school audience made the same accusation as a part of the play. The school editor wants to write an article about the whole incident and contacts your law office seeking for an explanation and application of the law.

Read the First Amendment and research the Nebraska Civil Code to find out if there can be charges pressed against the actors. Support your answer with the excerpts from the Constitution and the state codes and regulations. Is there any explanation in the Constitution regarding the issue?

Your attorney asks you to draft the answers to the situation in a letter of no more than 700 words in Microsoft Word document.

On a separate page, cite all sources according to Bluebook format.