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Instructions: Choose one of the two prompts below. In a 4-5 page (double-spaced) paper, address the questions and directions in the prompt. Your paper should contain at least one legal scholarly source. I will post more information to Blackboard about what constitutes a legal scholarly source and how to locate one. Your paper should also include a works cited page (not counted towards page limit).
Due date: April 21 by 11:59PM, on Blackboard
Topics: In class, we have discussed the fact that the US Constitution provides limits on substantive criminal law. For whichever prompt you choose, use your paper to first define and explain substantive criminal law and how the Constitution limits it. Then, discuss the specific case from your prompt and how it demonstrates those constitutional limits. You will need to explain the facts and issues in your case as well as the reasoning in the legal decision about your case. Also discuss the constitutional amendment that is relevant for your case and how it impacts substantive criminal law in the case.
Prompt 1. The US Constitution’s First Amendment protects, among other rights, the freedom of speech. In 2015, the US Supreme Court issued a decision in Elonis v. United States, a case in which a man posted song lyrics to his social media page that his ex-wife perceived as a personal threat against her. Elonis was convicted of issuing true threats and ultimately appealed to the US Supreme Court. How does the Elonis case demonstrate constitutional limits on substantive criminal law? Be sure to define relevant terms (substantive criminal law, true threats) and also discuss the meaning of the First Amendment’s free speech protections as well as exceptions to these protections. What was the final result in Elonis and what does it tell us about how the First Amendment can limit criminal law?
OR
Prompt 2. The US Constitution has been broadly construed by the US Supreme Court to afford privacy rights to people living in the United States. In 2003, the Supreme Court heard arguments in Lawrence v. Texas, a case involving privacy rights and sexuality. John Lawrence and his partner, Tyron Garner, were arrested in Lawrence’s home for violating Texas’s anti-sodomy law, a law that criminalized consensual sexual conduct between same-sex adults. How does this case demonstrate constitutional limits on substantive criminal law? Discuss the origin of privacy rights and how we can locate them in the US Constitution. What was the Supreme Court’s ultimate decision in the case, and what was its impact?
Paper checklist:
o This paper is typed, double-spaced, and no more than 5 pages long
o This paper has my name on it
o I have made clear which prompt I am responding to
o My paper defines substantive criminal law
o My paper discusses the amendment(s) to the US Constitution that are relevant to the prompt
o My paper includes the facts and major issues of the legal case mentioned in my prompt
o My paper includes at least one legal scholarly source
o My paper clearly demonstrates how the case in my prompt has limited substantive criminal law
o I have used APA format in my paper
o My paper has a worked cited page
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