repeter
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This year's mock trial constitutional issue is whether a fictitious statute is constitutional or not. It is called the "Anti Bullying and Cyber-bullying of Students Act" (the ABC'S Act). I have to argue that it is unconstitutionally curtailing protected speech, it is not furthering a sufficiently compelling state interest, and it is not narrowly tailored to the interest.
I'd appreciate help at basically every point of this case, but for now, I'm going to just ask for help on arguing that it is curtailing protected speech. As part of the pre-trial argument, we have a number of cases we can use. The Supreme Court cases are: Chaplinsky v. New Hampshire, Watts v. U.S., Tinker v. Des Moines, Texas v. Johnson, City of Chicago v. Morales, U.S. v. Williams and Morse v. Fredericks.
The lower court cases are: U.S. v. Dinwiddie, Mardis v. Hannibal Public School District, In re Ryan D., Wisniewski v. Board of Education, J.S. ex rel H.S. v. Bethlehem Area School District and Evans v. Bayer.
The full case brief is available here but I need to get the code to view the case PDF file on the link. I'll get it as soon as I can.
Unfortunately, I can't draw use any case law outside what's listed specifically for our use, but I am questioned by the judge during my argument, so any outside information I have, I can sneak in during that phase.
Thanks for everyone's help on this. The next post will outline what I can use for arguing the speech is protected.
I'd appreciate help at basically every point of this case, but for now, I'm going to just ask for help on arguing that it is curtailing protected speech. As part of the pre-trial argument, we have a number of cases we can use. The Supreme Court cases are: Chaplinsky v. New Hampshire, Watts v. U.S., Tinker v. Des Moines, Texas v. Johnson, City of Chicago v. Morales, U.S. v. Williams and Morse v. Fredericks.
The lower court cases are: U.S. v. Dinwiddie, Mardis v. Hannibal Public School District, In re Ryan D., Wisniewski v. Board of Education, J.S. ex rel H.S. v. Bethlehem Area School District and Evans v. Bayer.
The full case brief is available here but I need to get the code to view the case PDF file on the link. I'll get it as soon as I can.
Unfortunately, I can't draw use any case law outside what's listed specifically for our use, but I am questioned by the judge during my argument, so any outside information I have, I can sneak in during that phase.
Thanks for everyone's help on this. The next post will outline what I can use for arguing the speech is protected.