Consider the Following Facts

The City of Utopia has enacted the following ordinance: "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 annoying to surrounding persons". Thereafter, three college students, having consumed perhaps one too many beers, congregated on a public sidewalk in Utopia and in a loud manner made smart remarks to passersby. They began advocating a march to the college dining hall and chanting that it should be shut down for poor food and poor service. They were arrested for a violation of the above ordinance. While not denying their conduct, they are raising a defense that their actions were within the protections of the First Amendment.

Write a response or statement (approximately one page in length) which answers these questions

• What arguments can be raised by their defense attorney in support of this claim?
• As the prosecutor, how would you respond to these arguments?
• Assuming you are the judge, how do you decide this issue.
• Explain your answer fully with reference to the facts and the relevant law as contained in your course readings.