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