Month: March 2020

First Amendment Midterm

Respond fully in essay form to the question below. 

The mayor of Goldbergia, Ferica Foldberg, wishes to promote the eating of cheese in addition to instating a city beautification project.  Ferica believes that cheese is a low-carb, enjoyable snack that is aesthetically pleasing and can cause residents of Goldbergia to be friendlier to one another, reducing crime.  Ferica convinces the Goldbergia legislature to enact the following statute:

“Every resident of Goldbergia is entitled to $1,000 off of their state income taxes, but only if they use the money to create beautiful pictures placed on their lawns highlighting the virtues of cheese.  Further, no resident of Goldbergia is permitted to place obscene signs on their lawn, depicting patently offensive sexual content, unless the obscene signs portray humans embracing the sensuality of cheese.”

Vargas, a vegan, challenges both provisions of the law as violating the First Amendment.  Do not worry about standing – just look at the statute.  What is a court likely to rule?  Proceed through the analysis the way a court would, analogizing or disanalogizing to cases on point for the more difficult, open questions.  Think about Goldbergia’s and Ferica’s best arguments when doing your analysis.

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