A number of the attorneys with the new firm are not from your home state, and so they are not that familiar with your states constitution. Certainly, all of the lawyers are well trained in U.S. constitutional law and the Bill of Rights. But they would like to know the extent to which your home states constitution affords individuals greater legal protections in some areas. For example, does your home state constitution place greater restrictions on police search and seizures or custodial interrogations than those imposed by the Fourth and Fifth Amendments to the U.S. Constitution? The attorneys need this information so that they can make strategic decisions as to what law to use in filing certain types of constitutional-based civil rights suits. Accordingly, you are asked to prepare a memorandum identifying whether and to what extent your home states constitution either provides individuals with additional rights not protected under the Bill of Rights or affords greater legal protections for rights, such as speech, religion, and so on, currently protected by the Bill of Rights.
Part 2
Assume that you are working as a paralegal in a local prosecutors office. You have been asked to work on a criminal case, where three defendants have been charged with disorderly conduct based on their behavior during a local football game. It seems that the three defendants got agitated after their team lost the game in double overtime. Afterward, the defendants began shouting various barbs at passersby. The first defendant yelled You guys suck! to members of the opposing team as they went into the locker room. The second defendant screamed Your team is a bunch of inbred hicks who want to marry their sisters to a group of opposing-team parents leaving the stadium. And the third defendant shouted Hey, you dumb cop, why dont you go back to the donut shop where you belong? to an officer who was arresting the first two defendants. Each of the defendants maintains that his speech after the game was protected under the First Amendment. Locate the disorderly conduct statute for your local jurisdiction or state. Then prepare a memorandum analyzing whether your prosecutors office should proceed with criminal charges against each of the three defendants or whether some or all of the charges should be dropped based on constitutional protections under the First Amendment.
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