Free Speech Rights, The Establishment Clause, And Their...

This case involves a number of issues concerning free speech rights, the Establishment Clause, and their incorporation under the 14th Amendment. First, the Court must first decide whether the school facilities sought for use by the petitioner constitute a public forum to determine which standard of review should be applied to the State’s regulations. Upon establishing the standard of review to be used, the Court must determine whether the 1st Amendment free speech rights of the petitioner as applied to the states by the 14th Amendment were violated by the policy in question. If such a violation is found, the Court must subsequently rule whether said violation was justified by, as the State will argue, a compelling state interest in avoiding a violation of the Establishment Clause. Independent from these other issues, the Court must determine if, as the District Court ruled, the School Board’s policy’s distinction between permitted and prohibited activities is unc onstitutionally vague. Before discussing arguments concerning these issues, several matters of fact need be established. St. Michael’s School Board as an elected body governing public school facilities acts as with the authority of the State of Missouri. The policy of public school officials constitute state action. The state policy at issue in this case opens public school facilities for use of the public after school hours, but restricts access to those facilities from groups like the petitioner’s who intendShow MoreRelatedAp Government and Politics Essay6051 Words   |  25 PagesConstitutional Question: Does the Congress of the United States have the power, under Article I, Section 8, of the Constitution; have the authority to constitute a national bank even though that power is not explicitly enumerated within the Constitution? Did Article VI’s National Supremacy Clause forbid State taxes on federal doings or was the Maryland tax law statutory? Article I, Section 8, Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution, but areRead MoreIss 225 John Molloy Final Exam Study Guide Fall Semester 20128139 Words   |  33 PagesNovember 5th –December 6th. THE COURTS Why is it said that the U.S. has a dual court system? There is a federal judicial system and 50 state court systems. What is the meaning of the concept of jurisdiction? A court has the right to hear a particular type of case. What is the meaning of the doctrine of â€Å"presumption of validity?† Courts must assume that, unless the burden of the evidence is clearly to the contrary, legislatures would not enact or executives sign intoRead MoreAmendments to the National Constitution2556 Words   |  10 PagesConstitution Center, 2009). The First Amendment - The First Amendment is part of the Bill of Rights, and prohibits the making of any law HYPERLINK http://en.wikipedia.org/wiki/Establishment_Clause_of_the_First_Amendment o Establishment Clause of the First Amendment respecting an establishment of religion, impeding the HYPERLINK http://en.wikipedia.org/wiki/Free_Exercise_Clause_of_the_First_Amendment o Free Exercise Clause of the First Amendment free exercise of religion, infringing on theRead MoreSources of Company Law48332 Words   |  194 PagesFor the last century and a half a complex body of legislation called the Companies Acts has declared that if anyone presents to Companies House the documents required to form a ‘company’, the Registrar of Companies will issue a Certiï ¬ cate of Incorporation stating, like a birth certiï ¬ cate, that a new person, a ‘limited company’, has that day come into being. This robotic person, ‘owned’ by its shareholders, has no arms or legs, nor even a brain, but it is recognised by the law as being capable ofRead MoreI Love Reading Essay69689 Words   |  279 Pagestheir educational background. Nearly one in two entrepreneurs considered skill shortages in recruitment to be a problem of average importance, while nearly one in three considered it ‘somewhat difï ¬ cult’ or ‘very difï ¬ cult’ to ï ¬ nd candidates with the right skills. More than a third of the entrepreneurs faced problems in accessing as well as retaining employees generally. 50% of the entrepreneurs experienced difï ¬ culties while seeking statutory clearances and licences. Two-thirds faced hassles while ï ¬ ling