Reconciled with the first amendment


Question 1. Review Texas v. Johnson. Assuming you want to sustain the conviction, make the best argument you can for how that can be reconciled with the First Amendment. Of the opinions that would have sustained the conviction, which do you find most persuasive and why?

Question 2. Evaluating Van Orden v. Perry, as a public administrator, in the rule of law, explain to what extent your beliefs should affect your reactions to the various justices' opinions.

Question 3: As a public administrator over a particular entity, describe when public officials should be allowed to conduct their activities in secret. Provide an example.

Question 4: Evaluating New York Times v. United States, provide an example in which it may be warranted to violate the morality of the freedom of information by publicizing a secret identity to prove a point. Explain how this example warrants the morality violation.

Question 5: Evaluating Dolan v. City of Tigard, as a public administrator, take a position on whether you agree or disagree with the approach that the U.S. Supreme Court developed. Support your position with examples or evidence.

Question 6: Analyzing Grose v. Sauvegeau, explain with details whether you agree or disagree that Sauvegeau should prevail.

Question 7: Evaluating Thompson v. Voldah as government takes on more and more functions, explain if it makes sense for the rules to be different for private contractual parties especially when the contract states (as with "duly authorized"). Support your position with examples or evidence.

Question 8: Analyzing Brunoli, Inc. v. Town of Bradford, identify and then describe the remedies that should be available. Explain which you would recommend to be the best remedy for both parties.

Question 9: Analyze Garcetti v. Ceballos, to determine whether or not the Pickering balancing test is applicable to this case and state why or why not.

Question 10: Many states are facing budget constraints that are shining a light on public employees' pay and benefits, which have led to debates about state employees' collective bargaining rights. From a public administrator perspective, speculate to the short-term and long-term effects if limited collective bargaining is adopted. Hint: Look at all the stakeholders involved.

Question 11: Examine the Federal Tort Claims Acts (FTCA). Discuss whether these laws reduce the risk to citizens or does it serve a compelling state interest. Analyze Dolan v. United States Postal Service.

Question 12: As a public administrator, discuss which view you find more persuasive - that sovereign immunity should be narrowly or broadly construed. State why with examples or evidence to support your position.

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