Question
In order to qualify for a public permit, State A has just passed a law requiring all organizations to have their speeches pre-approved by the
In order to qualify for a public permit, State A has just passed a law requiring all organizations to have their speeches pre-approved by the state if they want to use a public venue for a political rally.
In addition, State A also requires rally participants to remain at least 50 feet from the front of local businesses when marching.
Finally, State A charges anyone filing for a public permit $100.00 to pay for street cleanup costs.
You are the attorney for the National Association of Homeless Persons, (NAHP) which wishes to hold a rally. You file suit based on the allegation that all three (3) of these statutes violate your organization's First Amendment rights.
What test(s) will the Court apply to determine the constitutionality of these three laws and how would the court most likely decide your case and why? Discuss
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