CONSTITUTIONAL LAW II A & B
FINAL EXAMINATION
PROFESSOR MOSKOVITZ
FALL 2002
Thursday, December 12, 2:00 p.m.
1. This is a
closed book exam. No materials of any kind are allowed.
2. You have 1 hour 45 minutes to complete this exam.
3. Write your
exam number on your exam envelope, all used blue books, and at the top of
this exam question packet. Do not use your name, student ID number, or Social
Security Number on any exam materials.
4. At the conclusion of the exam, return all test materials, including blue books, scratch paper,
and this exam question packet to the envelope and submit it to the proctor.
To: My law clerk
From: Connie Law, City Attorney
The recent election has left our city awash in a sea of unsightly political signs stuck onto
buildings, parking meters (sometimes covering up the instructions on how to use the meter), and
even on the sidewalks. Sometimes campaign workers get consent from the property owner to post
signs, and sometimes they don't. Some of the signs are laced with profanity, dirty pictures, and very
nasty false statements about opposing candidates. Some campaign workers rip down their
opponent's signs, and when caught in the act by opponents, this has led to fist-fights on occasion.
We've asked candidates not to post signs, or at least to take them down after the elections, but most
have done this only haphazardly, at best. It costs property owners and the City money to get them
removed.
The City Council has directed me to draft an ordinance that addresses these problems, so
we can avoid them during the next election. Here is my first draft. Please advise me as to whether
any or all of this would survive a First Amendment challenge. If you think any parts would be
invalidated, please redraft them to make them valid and still accomplish as many of our goals as you
can (if this is possible).
ORDINANCE #123: SIGNS
Section 1: No person shall affix any inappropriate political sign to any privately-owned building on
a wall that faces the street. "Inappropriate" means a sign that includes words or pictures that use
profanity, nudity, or falsity, or is likely to provoke a violent reaction.
Section 2: No person shall affix any object to a building he or she does not own, unless he or she
has the permission of the owner.
Section 3: No person shall affix any political sign to any city-owned parking meter or to the
pavement of any city-owned sidewalk.
Section 4: Any violation of this ordinance shall be punishable by a fine of $100.
END OF EXAM