The city of Dystopia experienced difficulties with groups of rowdy individuals congregating on downtown sidewalks and harassing

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The city of Dystopia experienced difficulties with groups of rowdy individuals congregating on downtown sidewalks and harassing passersby. When the local police were unable to control the situation by enforcing the disorderly conduct statute, the city council enacted the following ordinance:

Sec.1. It shall be unlawful for three or more persons to assemble on any public sidewalk or walkway within the city while conducting themselves in a manner that is annoying or bothersome to surrounding persons.

Sec.2. Anyone found guilty of violating this ordinance shall be punished as provided in the city charter.

After the ordinance went into effect, three college students congregated on a public sidewalk and made loud, obnoxious remarks to passersby. The police arrested the students and charged them under the ordinance. The students admit that they were rowdy but argue that the ordinance unduly restricts their First Amendment rights. What constitutional arguments could they, or their counsel, present to a court in an effort to reverse their convictions? Do you think they would prevail?

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Criminal Law And Procedure

ISBN: 9780495095484

6th Edition

Authors: John M Scheb, John M Scheb II

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