IRAC Analysis on The Ranks Essay Example | Topics and Well Written Essays - 500 words

IRAC Analysis on The Ranks - Essay Example The overbreadth doctrine also allows people whose own speech or conduct is not prohibited to challenge limitations on free speech (such as those in picketing) on behalf of others who may refrain from doing so out of the fear of prosecution. The violation of the First Amendment right to freedom of speech is strong grounds for Jeff and Nicole Rank to protest against their arrest for wearing anti-Bush T-shirts. The written message on T-shirts constitutes written, symbolic communication which will be included in the protected category. Moreover, there has also been a violation of their fourteenth amendment right because the State has curtailed their privilege to attend the rally with the right to free expression of their opinion through the message on their T-shirts. There are only a few instances where the first amendment right to freedom of speech can be curtailed. The federal Government could argue that the incidential suppression of the First Amendment freedom of Jeff and Nicole is no greater than what is necessary to further the Government’s interest, i.e, in this case to prevent any disturbance erupting among the supporters of President Bush. However, they are unlikely to have any success with this argument, because Jeff and Nicole had worn the T-shirts for ten minutes at the rally without any indication of unrest among the crowd. This manual also provides strong grounds in Jeff and Nicole’s favor because it clearly states that â€Å"any physical contact with demonstrators† is to be avoided. According to the manual, action is to be taken to minimize demonstrator effect only when it is likely to cause some disruption, which was not so in this case. The Federal Government may try to argue that it was trying to prevent disruptive activity, but there was no sign of a potential disruption caused by Jeff and Nicole to the extent that it could be deemed necessary to restrain them, especially physically by