1. What are the issues that need to be addressed?

2. What is the rule of law?

3. Apply the facts to the law I have given you.

4. How do you conclude?

John a young man attends the university of Wisconsin a public school. John was tired of being the only African American in all his classes and decided that he wanted to do something about it. John decided that he would stand outside the school president’s office with a sign that read “integration is a legitimate public purpose; we need more diversity in our classrooms immediately.” John protested every day for a week strait, and other students began to join in. by the end of the week John had gained a lot of local media attention. The president of the University was very upset with John and decided that the protests have started to shed a negative light on the University. In an attempt to prevent any potential issues, the school president contacted his lead school attorney and asked what can we do to stop this. The attorney told him to look at state code 3.14 (a) which states

“Any person who incites, or purports to incite a crowd on any public institution, that prevents the public purpose of that institution, and such person does so willfully, commits a felony in the third degree”.

The school President decides to contact the local sheriff’s office and informs them of the above mentioned statute, and the current issue that the President is having with Johns conduct. John is then immediately arrested. John is approached by the local County Sheriff’s office and arrested, and taken in for questioning. John is taken into booking, and taken to an interrogation room. John asks to call his lawyer, which happens to be you, the sheriff’s office tell him no, and then starts asking him questions. John again states that he will not say anything without his lawyer, the sheriff’s office keeps John overnight, and do not allow him to call his lawyer.

You are contacted by one of John’s classmates and all the facts listed above are given to you as a new lawyer this seems to be a potentially difficult, but case that may break open your legal career, you are presented with the following questions to answer.

A. What constitutional Amendments have been violated if any, by the statute that John was arrested under, the way in which john was arrested, and the way in which John was held by the sheriff’s office?

B. Why does the U.S. Constitution even apply to the facts that have been presented to you?

C. What type of law was John arrested under, what is the Actus Rea, and Mens Rea portions of this crime?

D. Did the school president violate Johns Constitutional rights?

E. How would you defend John if he was charged with the above mentioned crime, what are his potential defenses to the crime?

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