I’m working on a political science multi-part question and need the explanation and answer to help me learn.
Bryce Ancell is president of a student chapter of the Hellfire Club at James Madison University in Harrisonburg, VA. The mission of the club is to “promote fraternity and worship of Baal.” Ancell used student senate funds to publish a newsletter promoting 10th century gender norms and laws (women not having the vote, the exclusion of women from educational opportunities, the repeal of contemporary rape and sexual harassment laws, etc.) as required for honoring the true God of Men, Baal. Some articles argued that the Christian God was an evil female deity, and that Baal was the good God defending the moral order of male supremacy. Other articles contained obscene language referring to sex and graphic (but computer-generated) images of sexual violence toward very young-looking females. Still others advocated for keeping firearms in dorm rooms (because men honor Baal by always being armed) and gave detailed instructions about how to do so without detection. Mr. Johnson also refused membership in the club to women, and he refused to include a university-required disclaimer in materials stating that his club “did not discriminate on the basis of race, religion, country of national origin, sex or sexual orientation.” The club also used its funds and college computers to make a video game in which players can act out violent, but not sexual, fantasies against women. Finally, the club published a short story about JMU’s President, Patricia Evans, moonlighting as a prostitute. The newsletter was discovered by a member of the Women Students Union, another student club, whose members hacked into Mr. Johnson’s computer, and then divulged its contents to a reporter for the school newspaper on the condition the reporter protect her identity. When the JMU Administration learned of the impending publication of the Hellfire Club newsletter from the subsequent newspaper article, it directed campus police to confiscate the newsletter and office supplies of the Hellfire Club, and it informed the local Commonwealth’s Attorney of the newsletter contents. The Commonwealth’s Attorney had Mr. Johnson arrested and tried for violating a Virginia law that forbade firearms in dorms or conspiring to smuggle firearms into dorms and for violating Virginia’s recently revised obscenity law (which is based on the Hicklin Test). The state also prosecuted the Hellfire Club members for distributing their videogame to local high schoolers in violation of a state law that makes it a felony to “distribute graphic depictions of human cruelty with the intent to promote harm to women or minorities.” At the grand jury hearing, the school newspaper reporter was subpoenaed and ordered to divulge her confidential source. JMU subsequently suspended Mr. Johnson for violating its policy against non-discrimination in club admission, its policy that no newsletters, publications, flyers or other printed material could be produced with University or student senate funds without the required non-discrimination disclaimer, and its policy against the use of university funds or equipment to distribute “indecent language” or “pornographic images.” The case resulted in a flurry of lawsuits. The reporter and Mr. Johnson sued the state on the grounds that the subpoena and prosecution were violations of freedom of the press. Mr. Johnson also sued JMU for violating his rights of freedom of the speech, press, free association and free exercise of religion (hint: there is a right not to speak issue [What’s the difference between Johnson’s speech and JMU’s speech?] You could also bring in the issue of less 1st Amendment protections in an educational setting). And, Mr. Johnson sued VA, arguing the VA law regulating guns in dorms is unconstitutional infringement of his 1st Amendment freedom of speech (hint: this isn’t a 2nd Amendment case but a question of imminent lawless action). He also claims the video game is protected under the 1st Amendment. Mr. Johnson also sues VA, arguing that the VA obscenity law violates his 1st Amendment Rights to freedom of the Press (hint: address the prior restraint issue). Finally, President Stevens sues Mr. Johnson for libel. Decide these cases using relevant precedent.
1. Can VA create a law that would end state grants to public schools and, instead, institute an “education scholarship grant”, which could be applied to a public school, a private school, a religious private school, or homeschooling?
2. Does the owner of a graphic design business, that creates custom banners, artwork, invitations, etc. have a 1st Amendment freedom of speech right not to comply with a state public accommodations law that requires public accommodations to serve “gay, lesbian, bisexual and transgender patrons”? Does it matter if she will sell them materials but not perform custom work for a gay wedding?
3. Can the government refuse a vanity license plate to an anti-gay marriage organization that wants a license plate displaying “Not Adam and Steve?”
4. Does a church have a free exercise right to fire a transgender youth pastor?
5. Can Donald Trump be charged in federal court for inciting insurrection due to his Jan6 speech?
