Mary May, a citizen, living in the jurisdiction where you work as a police chief, posted a sign on her lawn that advocated deporting anyone whose family members had arrived in the United States after 1980, because “they are not real Americans.” The sign prompted angry protests in the neighborhood, and the sign was eventually stolen. May made a complaint about the stolen sign. She also informed the department that she will put up a new sign as soon as she finds enough paint to make it even bigger.
There are concerns within the department that the new sign will almost certainly result in a riot. For your main response, address the following:
- What substantive legal issue is present that connects to the First Amendment?
- What procedural legal issue is present that connects to the First Amendment?
- Citing one court case to support your conclusion, how will you address the possibility of the posting of a large sign that will likely result in a riot?
- What are the possible implications if action is taken?
- What are the possible implications if action is not taken?