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Summary of Documents 1. Free Speech - Cincinnati (5-+HW_5+Free+Speech+-Cincinnati.doc) This document discusses the complexities and legal considerations surrounding free speech in Cincinnati. It explores various cases where free speech has been challenged and upheld, highlighting the tension between maintaining public order and protecting individual rights. The document covers landmark decisions, local ordinances, and specific instances where the city has grappled with balancing these interests. It emphasizes the importance of context and precedent in determining the outcomes of free speech cases.
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City of Dallas v. Stanglin CITY OF DALLAS V. STANGLIN (1989) Partial Brief and Questions FACTS: P Stanglin, who operated a roller rink and A Class E dance hall, filed suit to prohibit enforcement of a Dallas ordinance which limited age and hours for a Class E dance hall, on the grounds that it violated the equal protection clause of the 14th Amendment.(ON THE BASIS OF AGE) P.H. Trial and appellate courts held the statute was unconstitutional and violated the equal protection clause. City of Dallas appealed and the U.S. Supreme Court granted certiorari. ISSUE #1: WHETHER AN ORDINANCE WHICH IS BASED ON LIMITING AGE AND HOURS IS A "SUSPECT CLASS" OR INVOLVES A "FUNDAMENTAL RIGHT" WHICH IS ENTITLED TO THE STRICT SCRUTINY TEST UNDER THE EQUAL PROTECTION CLAUSE?" ISSUE #2: "WHETHER A LOCAL ORDINANCE WHICH LIMITS AGE AND HOURS AND DOES NOT INVOLVE A SUSPECT CLASS OR A FUNDAMENTAL RIGHT VIOLATES THE "RATIONAL BASIS" TEST?" Write your answers to the following questions to help you analyze Stanglin's arguments, and I will go through them in class. Q-1: WHAT IS THE BASIS FOR PLAINTIFF STANGLIN'S CLAIM? ( On what grounds does P Stanglin claim the 14th Amendment is being violated?) The basis is to the Economic Regulation for the age, which “violated the equal protection clause of the 14th Amendment.” Q-2: WHAT TYPE OF "CLASSIFICATION" DOES STANGLIN HAVE TO FIT INTO IN ORDER TO GET THE HIGHEST LEVEL OF JUDICIAL SCRUTINY ("STRICT SCRUTINIY") TO APPLY? “Suspect Class” Q-3: What constitutional rights does P claim are being violated? 1.) Is there a suspect class? No 2.) Does P think there is a "fundamental right" involved? What? Yes, Law must treat similarly situated people the same unless there is a “good reason” not to. Along with Freedom of Association Q-4: What are the 2 kinds of "freedom of association" the Court talks about? Freedom of Assembly, and expressive association Q-5: How does the S. Ct. classify association at a dance hall i.e. is it constitutionally protected? While it is not directly protected since it is a social association, but the city did not ban other such establishments that allow for teenagers and adults to socialize in. HOLDING ON ISSUE #1: Denied since it has no constitutional protection for dance halls. Ordinance does not infringe on the First Amendment. 03z2vjvvzd-c1f8808b-5b4a-4366-8a1d-1c7727b5aa1b-8939.doc
Q-6: What does STANGLIN SAY THE STANDARD IS FOR RATIONAL BASIS TEST"? The ordinance does not meet the city’s objective because adults and teenagers can still meet in other places such as skating rinks and that here is less intrusive alternatives to reach the goal. Q-7: WHAT DOES THE COURT SAY IS REQUIRED TO PASS THE "RATIONAL BASIS TEST" A classification that there is some reasonable basis that does not offend the Constitution, because it is imperfect. Since the city says it has more likely-hood to get involved with alcohol, illegal drugs, or promiscuous sex it is passed. WHAT IS THE HOLDING ON ISSUE #2? The ordinance does not violate the Equal Protection Clause. Since it has A Rational Basis. WHAT DOES DALLAS V. STANGLIN STAND FOR? (I will cover this in class) 03z2vjvvzd-c1f8808b-5b4a-4366-8a1d-1c7727b5aa1b-8939.doc