Question 2 (10 points): What First-Amendment arguments can t…
Question 2 (10 points): What First-Amendment arguments can the demonstrators make in defense against the criminal charges? Are those arguments likely to be successful? Some of the demonstrators claimed membership in a religious group that objects to vaccination. Throughout the pandemic, members of this group congregated in defiance of local ordinances that limits the numbers of people who can gather, required social distancing and mask-wearing at indoor communal events, and prohibited singing or chanting at such events. The group was fined repeatedly for their violations of the ordinances, and they challenge those ordinances on Free Exercise grounds. Among other things, the group argues that the ordinance is discriminatory because it allows for masked-socially distanced gatherings at outdoor events such as baseball and football games, even though fans at such sporting events cheer, yell, and even sing the National Anthem, among other things. The city opposes the challenge, alleging that the ordinance is not discriminatory because the distinction is based on indoor vs. outdoor, which is content-neutral and viewpoint neutral. Moreover, the city points out that the only tenets of this group’s religion seem to be that they like to gather, sing, consume alcohol (and perhaps other intoxicating substances) and watch sporting events together, especially the Tour de France. The group does not deny any of these allegations but insists on its status as a religious organization.
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