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

Question

Question below is based on the following fact situation.

The city of Doral adopted the following ordinance which became effective on March 1, 2008. Doral City Ordinance 172 provides:

" Section 1 : It shall be unlawful for any person, group, or organization to hold a meeting of fifty persons or more in any city park without first securing a city permit;

Section 2 : The application shall specify the day and hours for which the permit is sought. The fee shall be $10 per hour, with a maximum fee of $50;

Section 3 : Permits shall be issued on a first come basis; provided that the Chief of Police shall deny any application if, after hearing the applicant, it is his considered judgment that permitting the meeting would not be in the best interests of the community.

Bohan Imin, foreign exchange student, planned to hold a protest demonstration at Inde pendence Park in Doral on April 2, 2008. Although Bohan's previous protest rallies attracted fewer than twenty-five demonstrators, he decided to apply for a permit pursuant to Doral City ordinance 172. After meeting with Bohan, the Doral Chief of Police denied his permit application because he believed that the demonstration would incite the protestors and threaten imminent violence or serious disorder.

On April 2nd, Bohan staged his protest at Independence Park. The rally attracted only about twenty protestors and was conducted peacefully. As Bohan was making his final remarks to the gathering, the Doral police arrived at the park and arrested Bohan and his fellow demonstrators charging, them with violating Doral City ordinance 172.

If Bohan now brings suit to challenge the constitutionality of Section 3 of the Doral ordinance, his best argument would be that

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

  1. A
    Correct Answer
    the section is void for vagueness and overbreadth
  2. B
    Correct Answer
    the section is discriminatory on its face
  3. C
    Correct Answer
    the section permits the police chief to exercise unbridled discretion in approving or disapproving permits
  4. D
    Correct Answer
    the section does not fall within the area of compelling state interest
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