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Running Head: Case Problems Involving the First Amendment Case Problems Involving the First AmendmentThe arrests of the demonstrators who burned the banner is constitutional. It is not only un ethical to burn the constitution but it goes against the law that bans burning of the constitution. This is the same as flag desecration, which the law in many States, states that it is unlawful for anyone to burn or desecrate the flag. The arrest of the other protesters can be viewed to be constitutional.
Though they were practicing their fundamental rights to petition and assembly the crowd was getting rowdy and their chants were threatening the peace in the area. By chanting anti slogans to the police, the crowd showed they were ready to take up arms and this goes against the constitution that states that persons should not be perceived as threatening the peace of other citizens (Russomanno 150). The act of disturbing the peace is prosecutable in the country and seeing the protesters were turning rowdy, the police had no option but to arrest awaiting charges of disturbing the peace.
The university’s president policy is constitutional because there are specifically designated places that political activists can go and practice their freedom of speech. These areas are allocated for by the government and official escort the demonstrators to these areas. If the activists demonstrate away from these areas then they can be charged with trespassing, disorderly conduct, and resisting arrest. It is also within the president’s power to designate the area as a student-reserved area and keep away protesters who may come and spoil the reputation of the school.
To prevent shame and further humiliation in the future the decision by the president is not only plausible but also constitutional.Works citedRussomanno, Joseph. Defending the First: commentary on the First Amendment issues and cases. New York: Routledge, 2005. Print
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