Question
1. A county clerk refused to issue a marriage license to a county resident based on the state's new law prohibiting marriage licenses to residence
1. A county clerk refused to issue a marriage license to a county resident based on the state's new law prohibiting marriage licenses to residence who owed more than $500 in unpaid property taxes. The resident filed a federal action challenging the state law as a violation of the Fourteenth Amendment.
What standard should the Court use in evaluating this claim:
A. Whether the statute relates substantially to an important government interest.
B. Whether the resident can show that the law has no important public purpose
C. Whether the statute is necessary to serve a compelling state interest;
D. Whether the resident can show that the law has no rational basis.
2. A protestor entered a state courthouse where a case regarding animal welfare was having a trial. In front of the courtroom where the trial was taking place, the protestor spilled fake blood on the floor to protest the defendant company's violations of animal welfare rules. The fake blood was quickly cleaned up without substantial harm to the property. The protestor was charged with violating a state statute that prohibits littering and/or despoiling a state government building.
The protestor sought dismissal of the charge claiming that it violates his First Amendment rights. How should the court Rule?
A. Dismiss the charge as violating the protestor's First Amendment free speech rights. B. Dismiss the charge because the protestor did not damage property to the building. C. Allow the charge because the protestor engaged in conduct rather than speech. D. Allow the charge because the statute was narrowly drawn to further a government interest.
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