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Civilization

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 Application https://www.atlantaga.gov/government/mayor-s-office/executive-offices/office-of-special-events/outdoor-event-applications/assembly-permit-application
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.

Sample Answer

Full Answer Section

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 pass laws that restrict or interfere with religious practices. In the case of the CJS, their ritual of bathing in oil is a central part of their religious beliefs. If Capital City has denied them a permit to perform this ritual, it could be argued that the city has violated their free exercise rights.

However, it is important to note that the First Amendment does not protect all religious practices. For example, the government could still prohibit religious practices that are harmful to others or that violate public safety. In the case of the CJS, it could be argued that their ritual of bathing in oil could be harmful to the environment. Additionally, if the city has concerns about public safety, it could argue that the permit was denied for those reasons, rather than because of the religious nature of the ritual.

Ultimately, whether Capital City has violated the CJSers’ free exercise rights would depend on the specific facts of the case. If the city can show that there were legitimate reasons for denying the permit, then it is unlikely that the court would find a violation of the First Amendment. However, if the city’s reasons were based on religious discrimination, then the court would be more likely to find a violation.

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

The First Amendment also guarantees the right to peaceably assemble. This means that the government cannot prevent people from gathering together to express their views or to protest. In the case of the CJS, their march to the river would be a form of expressive assembly. If Capital City has arrested the CJSers for marching without a permit, it could be argued that the city has violated their right to assemble.

However, as with the free exercise of religion, the right to assemble is not absolute. The government can still regulate assemblies if there are legitimate reasons to do so. For example, the government could prohibit an assembly if it is likely to lead to violence or property damage. In the case of the CJS, it could be argued that the city has legitimate concerns about public safety. If the city can show that there was a real threat of violence or property damage, then it is unlikely that the court would find a violation of the First Amendment.

Ultimately, whether Capital City has violated the CJSers’ right to assemble would depend on the specific facts of the case. If the city can show that there were legitimate reasons for prohibiting the march, then it is unlikely that the court would find a violation. However, if the city’s reasons were based on religious discrimination, then the court would be more likely to find a violation.

Whether city ordinances that require permits for a march violate the First Amendment

The Supreme Court has ruled that city ordinances that require permits for marches and other assemblies do not violate the First Amendment, as long as the ordinances are not used to discriminate against certain groups or to suppress protected speech. In the case of the CJS, it is unlikely that the city’s permit ordinance would be found to violate the First Amendment. The ordinance does not appear to discriminate against the CJSers on the basis of their religion, and it does not appear to be designed to suppress their speech.

What the limits of the free exercise of religion clause are

The limits of the free exercise of religion clause have been the subject of much debate in the Supreme Court. In recent years, the Court has taken a more skeptical view of religious exemptions from generally applicable laws. In the case of the CJS, it is possible that the Court would find that the city’s permit ordinance is a generally applicable law that does not violate the free exercise of religion clause. However, if the Court found that the ordinance was specifically targeted at the CJSers’ religious practice, then it is more likely that the Court would find a violation.

Ultimately, the outcome of the case would depend on the specific facts and the arguments presented by the parties. However, the case raises important questions about the limits of the free exercise of religion clause and the right to assemble.

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