Question
Is the city ordinance that governs the political protesters constitutional? Done in IRAC form, the answer must contain the following: Content-based law: you correctly identified
- Is the city ordinance that governs the political protesters constitutional?
Done in IRAC form, the answer must contain the following:
Content-based law: you correctly identified the ordinance as a content-based law.
Strict scrutiny test: you correctly identified the strict scrutiny test, applied the facts of the case to the test and found that the city ordinance is unconstitutional.
Here is the information needed to answer this question:
President Trump holds a campaign rally in Phoenix, Arizona. It is a campaign event and not an official presidential visit. During the rally, Trump makes the following statement:
"You have a red-hot Senate race here in Arizona. On one side, you have Martha McSally, a decorated fighter pilot. On the other side, you have Mark Kelly, who was court-martialed because he was found to be working for China!" The statement is false. Kelly was not court-martialed and never worked for China.
Robbie Reporter works for the local CBS TV station and is assigned to cover the rally. In his story, Robbie includes the clip of Trump making the statement about Kelly. Robbie reaches out to the Kelly campaign and they tell him the statement is false. He includes their statement in the story as well. But the false statement does some damage and Kelly's poll numbers drop.
During the rally, Phoenix police enforce a city ordinance that requires political protesters to stay one mile away from the location of a presidential speech.
Meantime, one of Trump's supporters decides to make some money off this scandal. He designs a T-shirt with Kelly's image and the logo, "China Mark" over the image. The supporter sells 500 shirts the first day.
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