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Steve Herrod
Steve Herrod, Master's Degree
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Experience:  Masters in Literature and a Bachelors Degree in French with Management
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Constitutional Law homework in IRAC format

Customer Question

Constitutional Law
Historical Park ("Park"), located in downtown City, is a park administered by the National Park Service, a division of the U.S. Department of the Interior. It is home to sites, buildings and objects of historical interest. These include the National Founder's Center (Center), a site attended by many visitors daily. The area of the sidewalk on three streets, Main, Elm and Pine, bordering the Center are partially lined with chained metal bollards along its curb. The space between the Center entrance and the edge of the sidewalk bordered by the chain is approximately 10 feet wide. No sign restricts the use of the sidewalk.
Demonstrations of varying size take place in the Park each year. Last year, for instance, 175 permits were issued for demonstrations collectively involving more than 100,000 people. The messages of the groups leading these demonstrations run the gamut; they include immigration policy, gay rights, and Tibet's political status, to name just a few examples. Federal Regulations outline a process for obtaining a permit to demonstrate in national parks. A prospective demonstrator must submit to the Park superintendent an application containing basic information about the nature of the proposed demonstration, and the regulations require the superintendent to issue the permit while making exceptions for events that, among other things, threaten public health or safety or impair the Park's "atmosphere of peace and tranquility."
One day Plaintiff headed an approximately twenty-person-strong anti-abortion demonstration along the sidewalks surrounding the Park. His group had neither applied for nor obtained a permit to demonstrate in the Park. Construction around the block of the Park in which the Center is located left the entrance and exit opening onto the Main Street sidewalk as the only means of accessing the Center on the day of the demonstration. Plaintiff and some other members of his group positioned themselves on the sidewalk' outside the Main Street entrance to the Center. Several members of the group displayed signs depicting aborted fetuses and other anti-abortion-related images. Although Plaintiff was not holding a sign, he both spoke with and preached to passers-by and people waiting in line to enter the Center, for a while with the aid of a bullhorn.
A Park ranger approached Plaintiff, informed him that he could not demonstrate directly outside the Center's entrance and exit, and told him to move to an area away from the entrance and not to use his bullhorn in front of the Center. Plaintiff and his group stayed put. After a half hour, the Ranger again asked him to move. He again refused. Another hour passed. This time the Ranger put Plaintiff in touch with Park Supervisor, who explained that Plaintiff needed a permit. The Supervisor then granted Plaintiff a verbal permit, authorizing the demonstration to take place in a grassy area off but adjacent to the sidewalk on the Elm Street side of the Center and allowed Plaintiff to use his bullhorn at that location. Plaintiff did not relocate. Plaintiff was thereafter, arrested and cited for violating the terms of a permit and for interfering with agency function in violation of Federal Regulations. The remaining members of the group, thereafter, moved to the Elm Street sidewalk area.
1. May the federal district court hear the case? Discuss.
2. Will Plaintiff succeed if he asserts claims under the free speech clause of the First Amendment that the: (1) Regulations are facially unconstitutional; (2) The application of the Regulations to Plaintiff was unconstitutional? Discuss.
Submitted: 1 year ago.
Category: Writing Homework
Expert:  Mr. Gregory White replied 1 year ago.
Hello, my name is Greg.

Is there any other information you can send to see if I can assist on it this for you? If you have any documents you can upload, you can do so to mediafire.com or box.com and share the link here with us.

If I had a model and could provide that as a model (would have to check files to see if I have one), would that be sufficient or are you seeking a fully written new model document?
Customer: replied 1 year ago.
ISSUE:
In legal writing, issues are the core of the paper . If you can't spot a issue. To find issues, look for anything in the facts of a case that could raise a question, sometimes called a "question of law": Could the defendant be charged with x crime? Could he be convicted of that crime? Does he have any defenses for his actions? Is the case eligible to be heard by a jury? If a jury hears the case, would they convict even if the laws make the defendant look guilty?
Issue spotting is easiest when you know the laws and court holdings of your state, so be sure to research and study thoroughly, but if you run across a question that is not addressed by the rules of your state, don't fret, this is a good opportunity to bring up rules from other jurisdictions that might persuade the court to make new precedence on that issue.
RULE:
In legal writing, rules are the same as they are in the rest of life; they are statements that cannot be ignored without punishment, lower grades in our case. Rules can be found in laws, regulations, and precedents (court holdings from similar cases), but while all rules are mentionable, all do not carry the same strength. If one rule pertains to identical issues as your paper, and another has only similar issues, the most persuasive rule (which must be mentioned) is the one that is on point; it is up to you to decide whether the less persuasive rule is worth mentioning. The same differences in persuasiveness exist for rules that come from your states laws & courts versus those from other states. And of course, any ruling from the Supreme Court overrides local precedence on that issue.
APPLICATION:
The application should be the simplest part of your writing. If you know the facts, can see the issues, and know the rules pertaining to those issues, the application will write itself. Simply state the issue, state the facts & rules that give rise to the issue, and tell your professor how those facts do or do not meet the requirements laid down by the rules. Then tell your professor whether you think a court would find the D guilty or not guilty based on the strength of the facts and the rules. Even though this seems simple, you must be vigilant to not leave any loose threads; address all elements of the rule and all the relevant facts. Don't try to strengthen your argument by "forgetting" to include elements or facts that hurt your argument.
CONCLUSION:
The conclusion, as with all writing, is a statement that tells your reader what the result of your arguments is, or what it should be. But, as with all good writing, the conclusion should be redundant. All of your application sections should have already clearly stated the conclusion for each individual issue. I suggest using this final conclusion section only to remind the reader of those previous conclusions, and to resolve any differences between those conclusions, such as when a defendant can be found guilty of a crime, but also may have a defense. Example: "The Defendant met all of the elements of crime X, and can thus be found guilty, but it is likely the court will find that his justifiable defense of Y will prevent that conviction if they follow the precedent set by X v. Y.
Expert:  Mr. Gregory White replied 1 year ago.
After going through my resources, I do not have what is necessary to complete at this time.

I am opting out and opening up to the other professionals and messaging a couple who might be able to help.

Someone should be with you shortly.

Customer: replied 1 year ago.
Okay

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