Discuss any constitutional grounds upon which the ordinance may be challenged. Provide appropriate references to the Constitution text, Supreme Court case law, and specify all elements of constitutional tests used.

CONSTITUTIONAL LAW PROBLEM SET – FREEDOM OF EXPRESSION AND ESTABLISHMENT OF RELIGION

Question #1

The City of Baltimore adopted an ordinance prohibiting “speech or symbols that arouse anger in, deride or insult another on the basis of race.” The City has charged a member of the Segregation Forever Society under that ordinance for displaying an logo above the entrance to its headquarters. The City alleges that the logo is racially derisive and insulting because the motto on the emblem proclaims that “Separate Is Inherently Desirable and Equal.” This member was seen shouting this proclamation at persons of different racial and ethnic backgrounds and approaching them as they walked away. These actions lead to a fist fight, and no one is sure who threw the first punch.

Discuss any constitutional grounds upon which the ordinance may be challenged. Provide appropriate references to the Constitution text, Supreme Court case law, and specify all elements of constitutional tests used.

Question #2

Maryland passed a law authorizing construction of a park dedicated to spiritual recognition and acceptance. The law provided that “all religions including, but not limited to, Catholicism, Protestantism, Judaism, Islam, Mohism and Buddhism, shall be permitted to acknowledge and express their religious faith through, among other things, the erection of symbols and statues commemorating their religious heritage.” The law contained an exception, that prohibited “all symbols, statues, or other items supporting Satanic worship.”