In response to a viral pandemic, the President issues an executive order that states as follows: "Due to the threat of airborne transmission of the virus, all persons within the United States must wear facemasks while outside their residence and complete daily blood testing. This order is necessary to protect public health because Congress has refused to take action to address the matter."

Curt owns a bicycle shop. Curt is well-known in his local community due to his social media activity, which includes both political activism and advertising for his bicycle shop. Curt has a particular animus towards law enforcement, frequently referring to them as “fat pigs.”

Curt begins to make social media posts critical of the President’s executive order, calling it “fascism,” and he shares doctored photos of the President in Nazi garb. As the pandemic has hurt his business, Curt also begins encouraging followers to ignore the mask mandate while riding their bikes, claiming that exercise is good for your health and wearing a mask dangerously restricts oxygen intake while exercising. Curt also refuses to submit to blood tests.

Curt tells his employees they do not have to wear facemasks while working in his store, claiming that the President’s executive order is unenforceable. Mary, an employee who is legitimately afraid of catching the virus, asks the state health department if she can be fired for ignoring Curt’s instructions due to her medical concerns.

The next day, several local police officers appear at Curt’s shop. They see Curt riding up to his shop, not wearing a mask. The officers ask Curt to put on a mask; they also ask for proof that he has taken his required blood tests. Curt refuses to comply, and is arrested. He is taken to the local judge, who claims he is charged with violating the President’s executive order. Curt pleads not guilty, and the judge orders Curt to be held in jail indefinitely until the President clarifies the criminal punishment for violating the executive order.

Required

1. Read the “Viral” Social Media” hypothetical fact-pattern at the end of this memo.

2. Prepare a memorandum addressed to me in which you identify and analyze, based on what we have covered in this class, three different constitutional or criminal law related issues that arise in the fact pattern. Complete three separate IRAC analyses—one for each issue.