Defendants, members of a white supremacist group, intentionally burned a cross in the woods on property they jointly own. They were not observed by any third parties. After burning the cross
Defendants, members of a white supremacist group, intentionally burned a cross in the woods on property they jointly own. They were not observed by any third parties. After burning the cross, they headed into town to have a drink. A bartender overheard defendants boasting about what they had done, and reported them to the police. Defendants were arrested and charged under a state law that punished any burning of a cross as one of a number of forms of hate speech.
Can defendants be punished for the act of cross-burning consistent with the First Amendment?
(A) Yes, because the cross burning constituted fighting words and was unprotected by the First Amendment.
(B) Yes, because the cross burning constituted hate speech and was unprotected by the First Amendment.
(C) No, because the cross burning was speech protected by the First Amendment.
(D) No, because the cross burning did not constitute advocacy of lawbreaking.
Carefully review the call of the question (what is the question you are being asked to respond to after you have been given the facts?). Read the MBE question in its entirety, then re-read the call of the question. Complete the following six parts for each of the following MBE questions:
1. What is the issue being addressed? 2. What is the rule you are being asked to apply? 3. Is option “a” correct or incorrect? Why? Please explain. 4. Is option “b” correct or incorrect? Why? Please explain. 5. Is option “c” correct or incorrect? Why? Please explain. 6. Is option “d” correct or incorrect? Why? Please explain. 7. What did you find interesting, challenging or confusing about this particular MBE question? Question #1
Collepals.com Plagiarism Free Papers
Are you looking for custom essay writing service or even dissertation writing services? Just request for our write my paper service, and we'll match you with the best essay writer in your subject! With an exceptional team of professional academic experts in a wide range of subjects, we can guarantee you an unrivaled quality of custom-written papers.
Get ZERO PLAGIARISM, HUMAN WRITTEN ESSAYS
Why Hire Collepals.com writers to do your paper?
Quality- We are experienced and have access to ample research materials.
We write plagiarism Free Content
Confidential- We never share or sell your personal information to third parties.
Support-Chat with us today! We are always waiting to answer all your questions.
