FIRST AMENDMENT ASSIGNMENT

Monique is a Teaching Fellow in Fine Arts at State University. The Teaching Fellows have been involved in a long and bitter dispute with the University over their wages and workload. State University President Max Piker has refused to negotiate with their representatives, and vows that he will never yield to any of their demands.

Large quantities of horse manure have been found on Piker's doorstep. But there have been no acts or threats of violence against his person.

On the first morning of the week of examinations the Teaching Fellows walk out of their classrooms and stage an angry protest in the middle of campus, directly in front of Piker's window. The media were contacted and they are present with cameras rolling. Monique has made a large cotton puppet that looks exactly like President Piker. As her fellow demonstrators gather around her, chanting "Down With Piker," Monique pours gasoline on his effigy and sets it ablaze. Monique and her burning Piker puppet appear on the 10 o'clock news nationwide.

The next day, Monique is charged by the Dean of Students with a violation of State University Rule 7, which bans personal attacks between members of the State University community.^[1] She is expelled after a trial by a jury composed of students, faculty, and administration.

She appeals unsuccessfully to the State Supreme Court, which declares: "Petitioner has violated a rule of civility that has served our University well. We recognize her right to express her views in a labor dispute. However there is no place in our University for burning opponents in effigy."

She has appealed to the U.S. Supreme Court, and four Justices have agreed to hear the case.

ASSIGNMENT

You are a law clerk to one of the Justices who voted to hear Monique's case. Your judge is convinced that the case is important, but has not decided how to rule. write fivehundred-word opinions based on previous 1st Amendment opinions of the Supreme Court: that overturns the expulsion.

The First Amendment

• The "Bedrock Principle":

Texas v. Johnson (Flag Burning)

Virginia v. Black; R.A.V. v. St. Paul (Cross-Burning)

U.S. v. O'Brien (Draft card burning)

• The "Clear and Present Danger" test

Schenck v. United States, (1919) (WW I leaflets on resisting draft)

Abrams v. United States, (1919) (WW I leaflets against making war on Russia)

Terminiello v. Chicago,(1949) (Speech that angers crowd and produces violence)

Brandenberg v. Ohio, (1968) (Speech that incites violent revolution)

• Disruption of government operations and solemn occasions:

Tinker v. Des Moines, (anti-war armband worn at school)

Morse v. Frederick, (promoting drugs at school)

Jeffries v. Harleston, 21 F.3d 1238 (2d Cir. 1994)(hate speech by CUNY professor)

Snyder v. Phelps 562 U.S. (2011) (disrupting military funeral)

Cohen v. California (profane political message in courtroom)

United States v. Grace, 461 U.S. 171(1983)(picketing the Supreme Court

Ward v. Rock Against Racism, 491 U.S. 781 (1989) (loud music in Central Park)

Hill v Colorado 530 US 703 (2000) (protest at abortion clinic)