Constitutional law scenario

  Rafi is sick of the political climate. Every time he turns on his phone or checks his email he gets angrier. Rather than be like all his friends (and posters on social media), Rafi has decided that he isn't going to be all talk, he is going to do something about the political climate. Rafi decides that he is going to start a new revolution to overthrow the existing political parties and create a New America. the objectives of New America. Which are: Overthrow political parties Universal equity in the areas of socio-economics accessible and affordable healthcare racial gender sex religious education access to food housing In addition, the symbol communicated to all members (secretly) the method -- the how -- New America would achieve its objectives: Members of the club agree to create a brand, create a community, speak to other communities, rise up, protest, develop allies of like-minded communities, deploy Robin-Hood tactics to distribute wealth (keeping only what is needed to maintain New America), storm military bases, be willing to die for the cause, Round-Robin Leadership (each time we meet another member acts as leader until everyone has served as a leader and then we start again), non-compliance = exile Rafi is arrested under an Alabama statute the provides that any speech that encourages terrorist activity is a felony. Rafi defends stating that the symbol for New American was kept secret with the club members and therefore could not have been construed to incite violence. Grading Rubric: 1. Identify pertinent facts 2. Describe the legal issue(s) (Be sure to cite cases we have covered in class) 3. Describe the legal rationale for each issue (Be sure to cite cases we have covered in class) 4. Describe the legal holding for each issue and the reasons for it 5. Describe the likely result for Rafi