EXAM #___________________________________
Keane, Constitutional Law II, Final, Spring 2011
Page 12 of 13
Section II: Essay Question I
(One Hour)
Susan is a new member of a religious organization that believes it is sinful for any
person to live past age 65. The religion lobbies for laws requiring forced euthanasia
for people who will not voluntarily commit suicide at age 65.
One of the group’s religious duties is to conduct public demonstrations, continuously,
all through the day and night, using groups of their members in revolving four hour
shifts on streets around geriatric homes. They use bullhorns to deliver their message
that God requires all who are older than 65 to kill themselves and if they do not do so
they will burn in hell. The group’s expressed aim in carrying out these demonstrations
is that this will either convince the elderly patients to kill themselves or that the
demonstrations will so upset them as to hasten their death or perhaps even kill them
through sleep deprivation from the noise.
Susan and the other members of the group are arrested for violating a variety of
different local statutes which criminalize demonstrating without a permit, using
fighting words, inciting illegal activities, group libel and inciting violence.
A newspaper reporter writes an article about the group, names Susan inaccurately as
its founder and leader and says she is “a murderer who deserves to be on death row.”
Susan sues the newspaper and the reporter for libel.
Susan’s supervisor at her job as a data processing clerk for a local county agency tells
her she will be fired unless she informs him in writing within 24 hours that she does
not belong to the organization. Susan demands a termination hearing. The supervisor
fires her and says that he will give her a hearing under the agency’s guidelines. The
format of the hearing, according to the guidelines, is that (1) it be held 60 days after
her termination; (2) her supervisor will be the hearing officer; (3) the procedure is for
her to convince the hearing officer in a written petition that he reconsider his decision
to fire her; (4) the hearing officer shall have complete discretion as to whether she
shall be rehired or remain terminated.
Discuss all constitutional issues raised by these facts. State how these issues
should be resolved and why.
END OF ESSAY QUESTION 1
ESSAY QUESTION 2 ON REVERSE
