Reference no: EM131528210

Case Scenario: 2 City enacted a city zoning ordinance that barred outdoor advertising display signs - including billboards - on all public roads within the city limits. Billboards on-site on any public or private business location are exempt from this ordinance, and thus, permissible. City claimed the ordinance was necessary to promote public traffic safety and aesthetics.

Max, Inc., a company in the business of leasing commercial billboards to advertisers, and the primary billboard provider in City, sued City alleging the zoning ordinance is unconstitutional.

A. If you were the jury in this case, how would you rule on the constitutionality of the ordinance and why?

B. If you were an attorney advising City, what would you advise them to claim is the most logical legal basis/constitutional authority for City to enact the ordinance and why?

In response to escalating school violence, the Cool County School Board is considering adopting a multifaceted policy to address school safety. The draft policy contains the following provisions:

1. Elementary schools shall provide instruction in moral values, including, but not limited to, the study of famous moral leaders such as Buddha, Ghandi, Jesus, Martin Luther King, Jr., Mohammed, and Moses.

2. Students deemed by administrators to be at-risk for violent behavior shall be referred to counseling. Such student's desk and computer may thereby be searched and such information may be used in such evaluation, or for any other purpose. At the discretion of the parent or guardian, counseling will be provided either within the public school system, or vouchers will be provided to pay up to $2,000 per annum for private counseling with a licensed social worker, psychiatrist, psychologist, pastoral counselor, or ordained clergy person.

3. Local school administrators shall conduct periodic unannounced searches in middle and high schools. Such searches shall involve lockers, backpacks, and purses selected on a random basis. In addition, hand-held metal detectors may also be used to check students for weapons. In an addition teachers and employees are subject to the same searches along with all computers on the premises. DUI or DWI check stops will be conducted at all school events. In addition, The state highway administration will have said traffic stops on the state highway in front of the school, at times deemed necessary.

Assume you are the attorney for the County School Board and the State Highway administration. Discuss the advice that you would give them as to the potential State and Federal constitutional challenges to these provisions and the likely outcomes of such challenges. Discuss all possible legal concepts and how and why they should be applied to the facts. Remember to cite the text with page numbers and any other legal resources. Is there anything wrong with the statute? If so what part and why?