Civilization

Prior to posting your primary response to this discussion watch The First AmendmentLinks to an external site. and the 002 History of US law and what is the law?Links to an external site. videos and review all the one-page Supreme Court decisions listed in the Required Resources section.

Respond to the following case scenario:

Reverend William B. Slick is the spiritual leader of the Church of the Jurassic Spirit (CJS). CJS doctrine claims that every invention since the dinosaurs has been inspired by the devil and that members must return to the spirit of the Jurassic period in order to be purified. The primary ritual is to publicly bathe in the essence of the dinosaurs (oil). Capital City follows the same format for its permits used by the City of Atlanta, Georgia (i.e., City of Atlanta’s Assembly Permit ApplicationLinks to an external site.). The CJS applies for a permit for 500 of their members to assemble to bathe in oil in Capital City Park. CJS plans to march to the Capital City River to dump the oil, thereby “returning it to the Earth.” The mayor of Capital City despises the CJSers, because he feels that their ritual is a waste of petroleum, which is a diminishing resource. He also feels that the dumping of the oil will pollute the river. The police chief of Capital City hates the idea of 500 CJSers bathing in oil in the park and fears their march to the river will cause counter demonstrations and possible violence. The permit is denied. The CJSers appear to perform their ritual anyway and are all arrested.

Research First Amendment cases involving free exercise of religion and freedom of assembly.

If your last name begins with A through M, address the following in your primary response this week:

Whether Capital City has violated the CJSers’ free exercise of religion.
Whether Capital City has violated the CJSers’ right to freely assemble.
If your last name begins with N through Z, address the following in your primary response for this week.

Whether city ordinances that require permits for a march violate the First Amendment.
What the limits of the free exercise of religion clause are.

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Sample Answer

 

Whether Capital City has violated the CJSers’ free exercise of religion

The First Amendment to the United States Constitution guarantees the free exercise of religion. This means that the government cannot interfere with a person’s religious beliefs or practices, unless those beliefs or practices pose a clear and present danger to public safety.

In the case of the CJSers, their ritual of bathing in oil is clearly religious in nature. The CJSers believe that this ritual is necessary for their spiritual purification, and they have a right to practice their religion freely.

Full Answer Section

 

The mayor of Capital City has two main objections to the CJSers’ ritual. First, he believes that it is a waste of petroleum, which is a diminishing resource. Second, he fears that the dumping of the oil will pollute the river.

However, these objections do not justify the government interfering with the CJSers’ religious freedom. The government cannot prevent the CJSers from practicing their religion simply because the mayor disagrees with their beliefs or because he believes that their practices are wasteful or harmful.

The Supreme Court has ruled that the government can only interfere with religious practices if those practices pose a clear and present danger to public safety. In this case, there is no evidence that the CJSers’ ritual poses any danger to public safety. Therefore, the government’s decision to deny the CJSers’ permit for their ritual violates their right to the free exercise of religion.

Whether Capital City has violated the CJSers’ right to freely assemble

The First Amendment also guarantees the right to assemble peaceably. This means that the government cannot prevent people from gathering together to express their views or to protest government policies.

The CJSers’ march to the river is clearly a form of assembly. They are gathering together to express their religious beliefs and to protest the government’s decision to deny their permit.

The police chief of Capital City has two main objections to the CJSers’ march. First, he fears that it will cause counter demonstrations and possible violence. Second, he hates the idea of 500 CJSers bathing in oil in the park.

However, these objections do not justify the government preventing the CJSers from assembling. The government cannot prevent people from assembling simply because the police chief fears that there will be violence or because he dislikes the CJSers’ beliefs.

The Supreme Court has ruled that the government can only interfere with the right to assemble if there is a clear and present danger of violence or other illegal activity. In this case, there is no evidence that the CJSers’ march poses any danger of violence or other illegal activity. Therefore, the government’s decision to arrest the CJSers for assembling violates their right to the freedom of assembly.

Conclusion

In conclusion, the government’s decision to deny the CJSers’ permit for their ritual and to arrest them for assembling violates their First Amendment rights to the free exercise of religion and the freedom of assembly.

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