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

Question

Question below is based on the following fact situation.

Notre Dame University is located in the city of South Bend, Indiana. For many years, residents have complained to local officials about the boisterous noise and senseless shouting among students before and after Notre Dame football games. In response to these complaints, the South Bend City Council enacted an "antinoise" ordinance prohibiting the singing and chanting of songs from 1:00 P.M. to 1:00 A.M. by two or more persons, if such noise is audible off the premises where the singing takes place. The ordinance expressly exempted from its purview the singing or chanting of religious songs.

After the ordinance was enacted and went into effect, Notre Dame played an important football game against the University of Southern California. The game, which was played in South Bend, was won by the Irish. Following the game, a large group of Notre Dame students were walking down Main Street on their way to a victory celebration. They began loudly chanting, "We're number 1 ... we're number 1." One of the residents who lived on Main Street was greatly disturbed by the noise. As a result, he reported the incident to the police who were immediately summoned to the scene. The students who engaged in the chanting were arrested and charged with violating the South Bend "anti-noise" ordinance.

The students who were prosecuted now bring suit challenging the constitutionality of the South Bend ordinance. Which of the following would constitute their WEAKEST argument against enforcement of the "anti-noise" statute?

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

  1. A
    Correct Answer
    The ordinance deprives persons of their freedom of expression in violation of the First and Fourteenth Amendments.
  2. B
    Correct Answer
    The ordinance deprives persons of their liberty without due process of law because the ordinance is not related to any legitimate community interest.
  3. C
    Correct Answer
    The statutory language of the ordinance is vague and overbroad since it attempts to encompass all forms of singing.
  4. D
    Correct Answer
    The ordinance deprives the persons of the equal protection of the laws by impermissibly distinguishing between religiously inspired singing and all forms of singing.
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