Op-ed submissions, email oped newsday.
The issue This case involves a first amendment issue regarding the right of a city to limit expression. The law The first amendment of the U. This prohibition has been applied to the states and their political subdivisions such as cities via the due process clause of the fourteenth amendment.
So generally courts look with disfavor on any law which abridges the freedom of speech. However freedom of speech is not absolute. Courts have held that the first amendment does not protect people who use speech to incite violence or cry "fire" in a crowded theater.
In the Stover case the NY court of appeals held that hanging rags and scarecrows on multiple clotheslines in the defendant's front yard to protest taxes was not a form of speech protected by the first amendment and that a city may prohibit locating clotheslines in a front yard without violating the first amendment.
They viewed this as "bizarre" behavior whose value lay in its form rather than its content.
Just as cities may reasonably regulate the time, place, and manner of parades or speeches, they should arguably be able to reasonably regulate the "manner" of communication. Since there were other avenues open to defendants to express their ideas the court permitted the law to stand.
Applying the law to these facts Since freedom of speech is not absolute and Boffo is erecting large, gruesome statues in his front yard it is likely that the court will rule in favor of the city.
This situation is similar to Stover in that Boffo's actions are arguably "bizarre", his form of speech offensive to community standards, and there are other avenues of communication open to him. Limiting such statues to five feet is arguably a reasonable reguation. Differences between these facts and facts of the cases that might lead to a different outcome.
There are some important differences between these facts and the Stover case which might lead a court to decide against the city and in favor of Boffo.
If the ordinance just regulates "political" sculptures it is not content neutral and should be struck down. Boffo's sculptures of wounded soldiers are more directly connected to his anti-war message than Stovers' rags were to a protest against high taxes.
Unlike Stover Boffo's sculptures contain verbal communication -- written words which arguably should receive greater protection than abstract non-verbal communication. Unlike the Stover ordinance, there is no procedure for a hardship appeal in the San Francisco ordinance.
Since Boffo is disabled he may have fewer avenues of communication open to him; for example his disability might make it impossible to picket or make speeches. One or more of these differences might make a court to decide in Boffo's favor. The fundamental nature of the legal conflict, the public policy issues involved and what the law should be.
This situation presents a conflict between an individual property owner's right to express his opinion, even in an unconventional way, versus society's interest in an aesthetically pleasing built environment free from bizarre and jarring artifacts.
On the one hand society should protect "the right to be different" and allow people to use their own property as they see fit so long as it does not affect other people's health, safety and perhaps welfare or morals.
The more we let majority opinion govern how people may use their property the less free our society becomes. We stifle individuality, creativity, and the clash of competing points of view.
Political discourse is often jarring.
Unpopular points of view by their very nature are upsetting to some people. Even though Boffo's sculptures may be jarring and offensive the overriding value of protecting individual freedom must take precedence here.
The ordinance should be struck down.Summer (vol. 20, no. 4) Ex Ante. Our Mistakes • Celebrity Lawyers • Call for Recipes. To the Bag. James M. Rose. Articles. How to Explain to Your Client Why You Lost His Case, by Byron Bacon and Peter Scott Campbell.
Franklin Roosevelt and the Forgotten History of the Earned Income Tax Credit, by Bryan T. Camp.
Waiting for Gorsuch: October Term , by Erwin Chemerinsky. How to Do A Legal Analysis of a Fact Situation. State the issue(s) in the case; 2. Discuss the fundamental nature of the legal conflict, the public policy issues involved and what you feel the law should be.
Here is an example of a fact situation and a legal analysis. 1. Benny Boffo, a disabled Vietnam Vet, sculpts large, gruesome anti-. How to Ask the Court for Something (motions and orders to show cause) The other side then has a chance to write court papers too.
Then everyone comes to court and the judge decides what to do. You can’t call the court to ask for something. See How Legal Papers are Delivered.
Make sure you keep a copy for yourself. Opposition Papers. Ages 14 to Balancing school and work can be difficult. Below you will find information that will make it easy for you to find out where to go for working papers, safety and health on the job, and filling out job applications and resumes while giving you the time to focus on your studies.
Discuss the fundamental nature of the legal conflict, the public policy issues involved and what you feel the law should be. Here is an example of a fact situation and a legal analysis.
Here is an example of a fact situation and a legal analysis. Yale’s unique writing requirements ensure that every student writes at least two papers during his or her time here.
This post will focus on sharing a few (hopefully helpful) points on how to get started writing your first serious paper.