Examination number _________________





Constitutional Law, 5220L

Section 2


Professor Carl H. Esbeck Fall Semester 2005



Directions to Part II B Essay

(1 hour and 30 minutes)


You may use your laptop to complete this Part II.


If you do not use your laptop, write your answer in the bluebook provided.  Use a pen with blue or black ink. Write on only one side of each page.  Do not write in the left-hand margin. Do not tear pages out of the bluebook. 


Arrange your answers in sequential order. That is, put Question 1 first, then Question 2, and etc. If you want to skip over a Question and come back to it later, leave a blank space or blank page and begin the next Question.


Place your examination number in the upper right-hand corner of this examination. When finished, return either your computer printout or bluebook and these examination questions.




* * * Part II Begins on the Next Page * * *
















PART II -- Essay (1 hour and 30 minutes)


Question One (50 minutes): The news article reproduced below appeared in The Maneater (an MU student newspaper) on November 15, 2005.
































(A) Pete, a MU alum currently residing in St. Louis, Missouri, drove to Columbia and entered the University Bookstore intending to purchase the calendar. He was unable to locate the calendar among the store's merchandise and make his purchase because (as he found out three days later) copies were kept behind the counter. Charging the Bookstore with censorship, Pete now sues the Bookstore in federal court for violating his free speech rights. He seeks $500 in damages. How should the suit be decided? Explain.


(B) Pauline, an MU undergraduate, went to the University Bookstore and examined a copy of the calendar for 30 minutes. Stating that the calendar "objectifies female bodies and thereby disempowers women as intellectual equals," Pauline now sues the Bookstore in federal court for sex discrimination in violation of the Equal Protection Clause. Pauline seeks an injunction against future sales of the calendar by the Bookstore. How should the suit be decided? Explain.


(C) As the news article reports, there were e-mails circulating on campus urging students to contact the University Bookstore to insist on removal of the calendar or else students were going to refuse to spend $15 worth of merchandise at the Bookstore. The e-mail campaign was orchestrated by the Women's Center, a student organization recognized by the university. The Center gets all its funding via university student fees, and has free use of space and office equipment at Brady Commons. Tom & Jerry, Inc., of Kansas City, Missouri (producer of the calendar), now sues the Women's Center in state court alleging tortious interference with a lawful business. How should the suit be decided? Explain.



Question Two (10 minutes): On the two Columbia-area network television stations there are frequent paid thirty-second segments depicting helicopters hovering overhead, rappelling soldiers, and tanks vaulting over barbed wire barriers crushed under the tracks. The spot ends with a soldier in dress uniform standing at attention with a U.S. flag waving in the background. A voice-over message urges young adults to "Join the Army of One." Is this constitutionally protected speech? Explain.



Question Three (25 minutes): Assume you are the majority legal counsel for the Constitution Subcommittee of the Judiciary Committee of the U.S. Senate. Senator Arlen Specter (R-Penn.), chairman of the committee, comes to you and says there is bipartisan support for a bill that would prohibit any State from having a state flag or state seal depicting the "stars and bars" of the Confederacy. Although the symbol is viewed as racist by many African-Americans, such displays remain popular in South Carolina and Georgia, and there is strong sentiment for the "stars and bars" in other states of the Old South.

Senator Specter asks for a short legal memorandum on whether such a bill is consistent with the powers and duties of the U.S. Congress. Please write the memo.



Question Four (5 minutes): State sovereign immunity acts like a structural restraint on national (federal) governmental power. How is it, then, that a State may waive its sovereign immunity? Explain.






Turn in both these examination questions and your answers.