On his newly released album Aryan Nation, white supremacist rap artist Master KKK includes a track entitled The only good one is a dead one. The lyrics of this song implicitly encourage physical violence against African Americans. In another track, Why didn’t Hitler invade Africa, Master KKK advocates the genocide of the African race. Concerned citizens and state officials in Illinois decide the album is too violent, extremely offensive and ban the sale of it within state boundaries. Master KKK sues claiming his 1st amendment rights have been violated. If you are the judge in the case, how will you side?

Article VI of the U.S. Constitution – The “Supremacy Clause”

This is not an absolute order, exceptions have been granted by the Supreme

Court in exceptional cases.

In an effort to curb teenage violence and crime, the State of Illinois creates a statewide curfew of 12:00 a.m. for anyone under the age of 18 on Fridays and Saturdays. The city of Bloomington takes this one step further by adding a mandatory search of any vehicle the curfew violator is riding in. Ryan Rembert, a Bloomington teen ,is ticketed for curfew violation and then arrested after the search uncovers several bags of marijuana in the trunk. Cody files suit claming the curfew is a violation of his 1st amendment rights and the search a violation of his 4th amendment rights.

In an essay, explain how you think a court would settle the conflict below by answer the following questions.

What two types of laws are in conflict? How would the Supremacy Clause settle the dispute? What arguments can the State use to defend the law? Is the State argument strong enough for the court to

make an exception to the constitutional rule?

The State of Alabama passes a law requiring a “one minute period of silence in all public schools for meditation or voluntary prayer.” While the law does not require students to pray, the state admits it is “an effort to bring voluntary prayer to our public schools.” Bob Smith, an atheist and parent of two children that attend Alabama public schools, files suit claiming that the law violates the 1st Amendment to the Constitution. the 1st Amendment bans governments in the U.S. from establishing a religion for citizens. Mr. Smith argues the law promotes religion, therefore establishes a religion.

In an essay, explain how you think a court would settle the conflict below by answer the following questions.

What two types of laws are in conflict? How would the Supremacy Clause settle the dispute? What arguments can the Governor use to defend his

order? Is the Governor’s argument strong enough for the court

to make an exception to the constitutional rule?

As Hurricane Bubba approaches the west coast of Florida, reporters from the Weather Channel rush to the scene to provide on the scene coverage. The governor of Florida issues a mandatory evacuation order of all coastal areas up to 40 miles inland. The reporters are arrested for violating the order. They file suit claiming their 1st amendment rights have been violated.