Assignment: Draft a 2 to 3 page research paper that provides a clear discussion on issues that relate to the U.S. Constitution, specifically the First Amendment Freedom of Speech Clause.
You are expected to use both primary and secondary sources. Make sure that you clearly understand the legal principles and make all of your arguments based on not onlyopinion, but also facts and current law. Spell check all of your work before submission.
Primary Sources: United States Constitution - First Amendment, Freedom of Speech Clause; See, Essentials of Business Law Appendix pgs. 635 - 645
Secondary Resources: Matal v. Tam (Supreme Ct. - October Term, 2016); " The A.C.L.U. Needs to Rethink Free Speech" - New York Times; " Equality, Justice and the First Amendment - ACLU Article; "There's no hate speech exception to the First Amendment" - Boston Globe; "Supreme Court unanimously reaffirms: There is no ‘hate speech' exception too the First Amendment" - The Washington Post
Case Scenario: You are a legal intern employed with The Cochran Firm for the summer and recently added to the legal team structured to provide legal counsel to Amanda Marcano.
The case is Marcano v. City of Charlottesville. A Senior Adviser to the firm asked you to provide a legal analysis concerning whether your client, A. Marcano, has standing to bring a lawsuit against the City of Charlottesville for its failure to provide adequate policing during the recent protests.
An Alt-Right protester assaulted Ms. Marcano during the "civil protests". The main issue here is whether the First Amendment - Freedom of Speech clause - provides protections against "hate speech" and if the City of Charlottesville should have refused to grant "protesting" permits to Alt-Right groups.
In your brief memo please make sure that you answer the following questions:
1: Does the First Amendment Freedom of Speech clause provide protections against the racial slurs that were being shouted by the Alt-right protesters; and
2: Does your client have a strong case against the City of Charlottesville for failure to stop the violent outbursts that may have ignited some of the physical assaults that took place over the course of the "protests"; and lastly,
3: What guidance do you have for your senior advisors with respect to the issue at hand.
Please make sure that you use both primary and secondary sources to support your arguments. Your legal arguments are clear and concise; speak to the issues at hand; and grounded in law and facts as they are provided for in your primary/secondary sources; and lastly, make sure your legal analysis makes sense.