Bar Exam (US) Constitutional law: Question below is based on the following fact situation. Cuba ...

Question

Question below is based on the following fact situation.

Cuba Now, a group advocating the resumption of United States diplomatic relations with Cuba, planned to hold a rally at Midtown Park in downtown Center City in the State of West Bank at noon on May 1, 2002. The group secured a rally permit in accordance with a local ordinance. Several leaders of the group including DeeDee Quick, a political science professor at the State University of West Bank, were scheduled to give speeches. Other members of the group were assigned to walk among the crowd to solicit signatures for a petition which the group planned to present to the President of the United States.

A large crowd gathered in Midtown Park at the appointed date and time, anxiously waiting for the speeches to begin. As DeeDee, the first speaker, began addressing the gathering, the WTC television news team started filming her presentation, which was to be shown on the local news that evening.

After DeeDee finished her speech, a few members of the crowd began hissing and booing and shouting, "Down with Cuba Now. They're a bunch of Commies." The police soon arrived and attempted to break-up the rally. Several members of Cuba Now, including DeeDee, were arrested for inciting a riot.

On the six o'clock news that evening the film of the rally was shown during the broadcast. Bud Mouthy, the WTC news anchorman, then made the following commentary: "It's a shame that public funds are spent to pay the salaries of such Commie-radical State University professors, who are the force behind Cuba Now. In my opinion, these Castro sympathizers should be deported to Cuba."

Which of the following would be the most accurate statement with regard to the police halting the Cuba Now rally?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    The police were justified, because the rally threatened imminent violence and serious disorder.
  2. B
    Correct Answer
    The police were justified in order to protect the Cuba Now leaders.
  3. C
    Correct Answer
    The police violated Cuba Now's First Amendment rights of assembly.
  4. D
    Correct Answer
    Since Cuba Now obtained the rally permit, the police were not permitted to interfere with the staging of the rally.
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