You were just hired as an intern for a recently confirmed U.S. District Court judge. Her first case involves a lawsuit brought by a college athlete whose scholarship was revoked, and he was dismissed from his state’s public university for his actions on the baseball field.
At the beginning of each game, players who are standing in front of the dugout are expected to stand and salute the flag as veterans from each branch of the military are honored. In protest of the current president and the ongoing war in Afghanistan, instead of saluting, the player knelt, pulled a cut-up flag from his bat bag, and draped it over his jersey. The player was immediately escorted from the field and permanently withdrawn from the public university under its Code of Conduct that requires all sports team players to salute the flag during opening ceremonies. The student athlete has sued the university and its president under 42 U.S.C § 1983 for a violation of his constitutional right of freedom of speech. Assume for purposes of this discussion that the state university’s actions constitute state action.
After reading Texas v. Johnson, view the following video about the case:
Can You Burn an American Flag?
Focus your discussion on the following:
Determine whether this student athlete’s First Amendment right to free speech has been violated based upon the U.S. Supreme Court’s opinion in Texas v. Johnson.
Discuss any similarities that the student’s case has to the Texas v. Johnson case.
Based upon the doctrine of stare decisis, does the Texas v. Johnson case apply to the student’s case? Why or why not?
If the Johnson case applies to this student’s case as precedent, how would you advise the judge to rule in the student’s case? Explain your reasoning.
In a separate paragraph, discuss whether you personally agree with the majority opinion or with the dissenting justices in the Texas v. Johnson case and explain why.
In your own words, please post a response to the Discussion Board and comment on other postings. You will be graded on the quality of your postings.
For assistance with your assignment, please use your text, Web resources, and all course materials.
References
Legal Information Institute. (n.d.). Doctrine of stare decisis. Cornell Law School. https://www.law.cornell.edu/constitution-conan/article-3/section-1/doctrine-of-stare-decisis
Legal Information Institute. (2020, May). Precedent. Cornell Law School. Retrieved February 13, 2023, from https://www.law.cornell.edu/wex/precedent
Mr. Beat. (2017, April 21). Can you burn an American flag? | Texas v. Johnson [Video]. YouTube. https://www.youtube.com/watch?v=PNOo5oDpvGo
Oyez. (n.d.). Texas v. Johnson. https://www.oyez.org/cases/1988/88-155
Discussion Board Reminders:
Must have three posts: A Main Post and two replies to peers.
First post: Either your main post or a reply to others must be posted before midnight CT (Central time) on Friday of each week.
Second and third post: Must be posted on a different day from the first post.
Connect to Content: At least one post must refer to course learning materials. See the Academic Resource on Discussion Boards for help with connecting to the content.
Engaging in Class Discussions: For more information on making the most of your class dialog, review the Academic Resource on Discussion Boards.
Grading Rubric
Assignment Criteria Proficient Descriptor Points
Quality of Main Post
24 Points
Total
Student’s main post meets or exceeds the following requirements:
• Responds completely to all of parts of discussion question (6 points)
• Communicates content information accurately and/or logically (6 points)
• Delivers a thoughtful response, demonstrating insights and reflections (6 points)
• Connects to key content concepts and personal experiences (if applicable) (6 points)
/24 pts.
Response to Peers
24 Points
Total
• Responds to a minimum of two peers (12 points per response)
o Substantive response (6 points)
o Furthers the conversation with peers. Examples could include (6 points):
Provides additional resources
Connects accurately to key concepts
Shares personal or professional experiences
Contributes new information or perspective
Presents a competing viewpoint
/24 pts.
Support from Learning Resources
6 Points
Total
At least one post references course resources or library resources. /6 pts.
Professional Writing
6 points Total
Response is well-organized, clear, and free of grammatical and mechanical errors.
Posts demonstrate courtesy and respect for others.
/6 pts.
Total 60 points possible /60 pts.
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