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Posted: September 23rd, 2022
Determine whether this student athlete’s First-Amendment right
Prison homework Help
CRIMES
You have been simply employed as an intern for a just lately confirmed United States District Court docket choose. Her first case includes a lawsuit introduced by a school athlete whose scholarship was revoked, and he was dismissed from his state’s public college for his actions on the baseball area.
At first of every sport, gamers who’re standing in entrance of the dugout are anticipated to face and salute the flag as veterans from every department of the army are honored. In protest of the present president and the continuing warfare in Afghanistan, as a substitute of saluting, the participant knelt, pulled a cut-up flag from his bat bag, and draped it over his jersey. The participant was instantly escorted from the sector and completely withdrawn from the general public college beneath its Code of Conduct that requires all sports activities staff gamers to salute the flag throughout opening ceremonies. The student athlete has sued the college and its president beneath 42 U.S.C § 1983 for a violation of his constitutional right of freedom of speech. Assume for functions of this dialogue that the state college’s actions represent state motion. Smith for housebreaking and having stolen issues as a result of they have been afraid he would eliminate the issues earlier than they might come again with a search warrant. The state and federal courts upheld Mr. Smith’s convictions, and the case is now earlier than the U.S. Supreme Court docket. Put together the Court docket’s reply to Mr. Smith’s declare that his constitutional rights have been violated.
After studying the case of Texas v. Johnson, 491 U.S. 397 (1989), focus your dialogue on the next:
Determine whether this student athlete’s First-Amendment right of free speech has been violated.
Clarify your reasoning as to why or why not and the way you’ll rule on his case because the choose.
Clarify how the doctrine of stare decisis would issue into your official determination.
In a separate paragraph that’s not part of your official determination, focus on whether you personally agree with the bulk opinion or with the dissenting justices within the Texas v. Johnson, case and clarify why.
Reference
Oyez. (n.d.). Texas v. Johnson. https://www.oyez.org/instances/1988/88-155
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