Reference no: EM131424399

Question 1 -

Donna is a popular student at Hollywood Public High School.  She is very active in student government and decided to run for president of her class.  The day before the election, the school's students gathered in the auditorium to hear speeches from all the candidates.  Donna began her speech discussing how she wanted to change the lunch program.  She then began to argue that the school employed illegal aliens to prepare the food, and that the students needed to put America and their school first.  She argued that the students should boycott and picket the cafeteria until the only people working there were American citizens.

The principal, Mr. Smith, immediately jumped on stage and escorted Donna away.  In his office, Mr. Smith informed Donna that her actions violate the following school policy:

Section - Hollywood Public High School Student Handbook

a. Students shall not attack school employees. (Attack is defined as any physical, verbal or written abuse.)

b. It is the student's responsibility to express ideas and opinions in a respectful manner so as not to offend others.

As a consequence of her speech, the school immediately and indefinitely banned Donna from participating in any student government activities, and gave her no opportunity to argue her side. 

In answering the following questions, be sure to support your arguments with specific language from the cases in Chapter 6 and/or the Constitution whenever possible.

1a. If you represent Donna, what arguments would you make that her constitutional rights were being violated and why.  When doing this, be sure to separate out each constitutional right and fully argue (with proper citations) in favor of your position as it relates to each right. 

1b. If you represent the school, what arguments would you make that the school's rules and procedures are legitimate and do not violate Donna's constitutional rights? Again, when arguing the school's justifications, please make sure to use supporting language from cases whenever possible and properly cite your sources.

1c. How, if at all would your analysis change if Hollywood High was a private school?

Question 2 -

Among other things, the 14th Amendment to the United States Constitution declares that no state shall, "deny to any person within its jurisdiction the equal protection of the laws."

2a. Please explain what the enactment of this equal protection clause meant to the states.

2b. The issue of equal protection was considered in two landmark Supreme Court cases: Plessy v. Ferguson (1896) and Brown v. Board of Education (1954).  Please give a brief summary of each of the cases and explain how the court's decisions (as they relate to equal protection) differ from one another.  Be sure to explain how the court justified its decision in each case. 

Question 3 -

Paul is a lawyer at a high profile Boston law firm.  His client, Whitey Folger, has been charged with a long list of offenses, including murder.  Paul brings his paralegal Jane to a meeting with Whitey at the local jail.  At that time, Whitey admits that he did kill the victim that he's been charged with killing.  He also tells both Paul and Jane where the body was dumped and that he intends to put a hit out on one of the government's key witnesses (contracting with someone to kill the witness). 

3a) What, if any of the information that Whitey told Paul, can Paul disclose to the authorities?  Please explain your answer and discuss the consequences that Paul faces if he discloses something that he shouldn't.

3b) Jane, the paralegal, is shaken by the fact that she knows where the victim's body is located and that the victim's family may never get the closure they need if the police can't find it.  Can Jane disclose the location of the body of the victim that Whitey admitted to murdering? Why or why not?  What are the consequences if she discloses something that she shouldn't?