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John Jones, a U.S. Marine, was killed in Afghanistan on November 30, 202 His family plans on burying him at a public New Jersey cemetery
John Jones, a U.S. Marine, was killed in Afghanistan on November 30, 202 His family plans on burying him at a public New Jersey cemetery in Edison, NJ. Mr. Dumass, the President of the Westboro Baptist Church, plans on protesting at the funeral. Mr. Dumass has publicly stated that the Church's goal is to "spread their message that God is punishing the United States for its tolerance of homosexuality by killing its soldiers." At previous funerals for military personnel, the Church has constructed signs such as "God hates you" and "Thank God for Dead Soldiers." The protestors also chant hateful speech denigrating the LGBTQ community. After hearing of the Church's many prior protests, NJ previously passed a law, the "Protect Our Fallen Soldiers Act of 2021" that required any group who sought to protest at a public cemetery for a U.S service member apply for a permit no less than 6 months in advance. The law requires that no protestor is permitted into the cemetery, but they are permitted to protest at the entrance on the public land. The protestors are also required to be at least 500 feet away from the gravestone and family. Moreover, the law prohibits any sign that may, in the sole discretion of Edison officials, have any offensive language directed at the LGBTQ community. The law also prohibits any statements, chants, songs or other expression that, in the view of Edison officials, is Anti-LGBTQ Mr. Dumass brings an action in federal court to strike down the law as unconstitutional under the First Amendment. 1. What specifically is the issue or issues (please do not answer, for example, "whether the State has violated the First Amendment?" (5pts) Give me what the specific issue is: For example, "Whether the State may ban the burning of the American Flag without violating the First Amendment?" 2. What case or cases have a similar issue that you can rely on and why? (5 pts) (Again no outside research- only cases we studied or used in class! 3. What is your reasoning in answering each question? Why or how is the State in violation of the First Amendment? (10pts) Or how is what they are ding ok?. Again, take the time to answer this question. Show me what you learned. 4. Conclusion: You are the swing vote on the Supreme Court. What is your decision? (5pts) 5. Extra Credit for each question. Take the opposite side of the issue and support that finding
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