Sunday, January 5, 2020
Memorandum Of Law In Support Of . Defendantââ¬â¢S Motion To
MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTââ¬â¢S MOTION TO DISMISS ARGUMENT The Motion to Dismiss should be allowed because Stacey Smithââ¬â¢s (ââ¬Å"Plaintiffâ⬠) conduct does not constitute expression and the Board of Education of the Town of Douglassvilleââ¬â¢s (ââ¬Å"Douglassvilleâ⬠) dress code is constitutional. Nonverbal conduct constitutes expression when there is intent to convey a particularized message through the conduct, and that particularized message is likely to be understood by others. Spence v. Washington, 418 U.S. 405, 410 (1974); Texas v. Johnson, 491 U.S. 397, 401 (1989). In the present case, Plaintiff has established that she intended to convey a message of support for her friend, Fatima Ahmed, and the religion of Islam by wearing theâ⬠¦show more contentâ⬠¦I. THE COURT SHOULD GRANT THE MOTION TO DISMISS BECAUSE PLAINTIFFââ¬â¢S VAGUELY EXECUTED MESSAGE OF SOLIDARITY WITH HER FRIEND WAS NOT LIKELY TO BE UNDERSTOOD AS EXEMPLIFIED BY STUDENTSââ¬â¢ MISTAKEN BELIEF THAT PLAINTIFF WAS SUPPORTING TERRORISM. In determining whether others would be likely to comprehend the intended message the factual context in which the alleged expressive conduct occurs is paramount. Spence, 418 U.S. at 410; Johnson, 491 U.S. at 397. Other factors that influence whether the viewer is likely to understand the message includes, the timing of the conduct, the political or social conditions surrounding the conduct, and the viewerââ¬â¢s personal knowledge. Spence, 418 U.S. at 410. In Spence, the defendant affixed a peace sign to an American flag, which he hung upside down outside his window to protest the United States invasion of Cambodia and the Kent State killings. Id. The Court held that defendantââ¬â¢s conduct was likely to be understood because the activity was concurrent with the aforementioned events, which made it unlikely ââ¬Å"for the great majority of citizens to miss the drift of [defendantââ¬â¢s] point at the time that he made it.â⬠Id. Similarly, in Johnson, the Court held that t he defendantââ¬â¢s conviction for burning the American flag in political protest violated his First Amendment right to free speech. Johnson, 491 U.S. at 397. The Court held that defendantââ¬â¢s burning of the flag was expressive conduct covered byShow MoreRelatedThe State Farm Fire And Casualty Company1130 Words à |à 5 PagesDefendant the State Farm Fire Casualty Company (ââ¬Å"State Farmâ⬠), by and through Mark J. Stiller, Esq., Bryant S. Green, Esq., and Niles, Barton Wilmer, LLP, and hereby files this Memorandum of Law in Support of its Motion for Sanctions for Failure to Respond to Discovery pursuant to Md. 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