Assignment:
Question 1) What is symbolic speech, and is it protected by the First Amendment?
For example: Capital City has an ordinance that makes it a felony to burn or otherwise desecrate the city's Great Seal. Another ordinance makes it a felony to use profane, obscene, or rude language in a city park or to wear any clothing with such language. Homer and his adult son, Bart, are angry at the government of Capital City for closing down their favorite donut shop for health code violations. In protest, they go to the park, where Homer burns the city flag containing the Great Seal. Bart is wearing a shirt that reads, "Support donuts, Death to the Capital City Health Department!!" Both are arrested.
Is their conduct protected by the First Amendment? Fully explain your answer. Be sure to support your answer with scholarly sources and appellate court opinions. Your initial post should be at least 250 words in length. Support your claims with examples from the required materials and/or other scholarly resources, and properly cite any references.
Question 2) Reverend William B. Slick is the spiritual leader of the Church of the Jurassic Spirit (CJS). CJS doctrine claims that every invention since the dinosaurs has been inspired by the devil and that members must return to the spirit of the Jurassic period in order to be purified. The primary ritual is to publicly bathe in the essence of the dinosaurs (oil). Capital City follows the same format for its permits used by the City of Atlanta, Georgia (i.e., City of Atlanta's Assembly Permit Application.
The CJS applies for a permit for 500 of their members to assemble to bathe in oil in Capital City Park. CJS plans to march to the Capital City River to dump the oil, thereby "returning it to the Earth." The mayor of Capital City despises the CJSers, because he feels that their ritual is a waste of petroleum, which is a diminishing resource. He also feels that the dumping of the oil will pollute the river. The police chief of Capital City hates the idea of 500 CJSers bathing in oil in the park and fears their march to the river will cause counter demonstrations and possible violence. The permit is denied. The CJSers appear to perform their ritual anyway and are all arrested.
Research First Amendment cases involving free exercise of religion and freedom of assembly.
If your last name begins with A through M, address the following in your primary response this week:
Whether Capital City has violated the CJSers' free exercise of religion.
Whether Capital City has violated the CJSers' right to freely assemble.