2019-04-16T11:43:13+00:00 sample questions

Does the California ban on bercenimide in food violate the First Amendment rights of the Suchaki?

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Materials Permitted: You will be allowed to use your textbook, your notes and any other printed materials to answer the questions on the final exam, although you will be able to write a perfect answer to any question using only the textbook. Assumptions: Please apply the law and precedents as they are today. If you need additional facts not given in a question, please state what facts you have assumed and why you need them to answer the question. Do not make assumptions that are inconsistent with the facts given or which in any significant way alter the questions. Ambiguities: If you find the facts given in the essay portion of the exam to be insufficient to support one of your issues, state any additional factual assumptions you deem necessary and analyze the issue as though your assumptions were a part of it. However, do not make the mistake of changing the question by changing the facts. If you are absolutely convinced that there is a typographical or other error in the essay portion of the exam, make an assumption, state it on your answer to the essay, and then address the issue as corrected by you. Grading: You will be graded on the clarity, persuasiveness and legal accuracy of your answers. Organization is a part of clarity and persuasiveness. Citations: Non-Cases: Students should use the Chicago Manual of Style format throughout the paper for citations and format for sources that are not judicial decisions. For more about the Chicago Manual of Style format, see Chicago Manual of Style Resources tab on the course BBLearn Website. Judicial Decisions: Students should merely cite the name of the case and the date. You do not need to follow the Chicago Manual of Style format for these citations. Length: Your answers to EACH question may not exceed 600 words. Be Concise! Answer Formats: Although the instructions might ask you to write a memo or a brief or an opinion, you are permitted to use headings and outline format if you wish when organizing and writing your answer. Question: Betty Komoro is a believer in the Suchai faith. Suchaki (which is the demonym for people who adhere to the Suchai faith), believe that everything on Earth and the Earth itself have spirits, and that a person can become immortal by communing with these spirits through prayer, mediation, and by spending time in remote areas away from civilization. As a part of their religious practice, Suchaki eat wafers made from the Campion flower. The wafers are eaten daily after morning prayers. Growing the flowers in green houses and making the wafers is very difficult and time consuming, so wafer-making is a profession for some Suchaki. The consumption of the wafers with the prayers is a key part of the practice of the Suchai faith, and wafers made without the Campion flower are not acceptable substitutes according to the faith tradition. The Suchaki were stunned and outraged when the California Department of Public Health (CDPH) proposed a ban on all foods containing a chemical called bercenimide. Bercenimide is a naturally occurring compound in plants, including Campion flowers. Scientists have recently become fairly certain that bercenimide causes high cholesterol levels in humans, which, in turn, increases the chance of a person developing heart disease or of having a stroke. At the legislative hearings on the proposed ban, proponents of the ban cited the need to protect public health from a dangerous chemical that would only shorten lives and add to the state’s health care costs. Opponents of the ban, including some representatives of the Suchai faith, countered that people should be free to make their own diet choices, that it would greatly burden the practice of the Suchai faith, and that the state was not proposing to ban or limit the sale of other foods that raised cholesterol levels (i.e. fried foods, dairy, fatty meats, etc.). Proponents countered this with the argument that the ban was not aimed at burdening religious practice, but only with protecting public health, and that just because it was not practical to ban all high cholesterol foods, was not a good argument against doing something to help people by getting rid of this chemical in foods. After much vigorous lobbying, the state legislature passed the bill banning bercenimide in food, and the governor signed it into law. Johan Smith is a prominent Suchaki priest. In this capacity, he led many protests against the new law. One day, Smith was shocked and angered to find an article posted on a local news website claiming that he had been accused of embezzling funds from his congregation. Smith suspected that this false accusation was made in order to discredit him and the Suchaki protest movement. He sued the news organization that published the article, the Daily Equivocator, for libel. Smith wanted damages and an injunction ordering the Daily Equivocator to stop running the story. In their depositions, the editor and the reporter who wrote the story claimed that the story was based on one source within Smith’s congregation, but that they did not do any addition research to corroborate the source’s story before they published the article. Please answer the following questions: 1. Does the California ban on bercenimide in food violate the First Amendment rights of the Suchaki? (10pts.) 2. What is the likelihood that Smith will be able to win his libel suit against the Daily Equivocator? (10pts.)



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