Case of Johnson Vs. Poway

Give your paper a title 650 words minimum, write the word count on your paper

Minimum 5 organized paragraphs proofread and spellcheck

For this assignment you are going to be a lawyer. You will be the lawyer for the prosecution, or you will be the lawyer for the defense. Your choice.

In the case of Johnson v. Poway, you will pick a side and defend it. In your first paragraph, you must state your position (prosecutor or defense lawyer) and then indicate why you have taken this position. You might feel strongly about one side or the other. Or, you may think one side is easier to defend than the other. Or, you might flip a coin. Or, you may have a different reason. Whatever the reason is, explain the choice in a sentence or two. It doesnt need to be detailed, but you can make your explanation longer, if you choose. Then, in this first/introductory paragraph, give the basic elements of your prosecution or defense.

Then, build your case over the rest of the paper in paragraphs 2, 3, 4 and 5.

Your paper must include the counter argument. Do this in paragraph 4. This is done in the style of a courtroom debate. It means ultimately shooting the other side’s position (their argument) down in flames. You do this by presenting the other sides argument, and then saying that you have fully considered the other sides argument which is accomplished by acknowledging that there is some merit in their argument, but it is nonetheless weak and ridiculous. Then you gut the other sides argument by tearing it apart point-by-point to show how it is weak and ridiculous.

If you are the lawyer for Poway: you must defend the school districts actions in ordering Johnson to remove his banners

If you are the lawyer for Johnson you must defend Bradleys right to keep the banners up

This assignment includes videos/articles of public/government figures/officials either denying individuals the right to invoke God or punishing them (removal) for not invoking God. Government representatives, as it suits them, seem to be exploiting God/religion or dismissing God/religion as it suits their own purposes. How does this square with the First Amendment?

As a reminder: recall that God was added to the money, national motto and the Pledge of Allegiance during the 1950s, when then-President Eisenhower, who was baptized in office, directed these things to happen as part of a pro-corporate/capitalism campaign to distinguish and separate God-fearing America from Godless Russia.

Poway case:

Johnson v. Poway Unified School District

https://www.latimes.com/local/la-xpm-2011-sep-14-la-me-0914-religious-banners-20110914-story.html

https://www.sandiegouniontribune.com/sdut-federal-court-teacher-cant-use-god-in-classroom-2011sep13-htmlstory.html

https://www.huffpost.com/entry/bradley-johnson-californi_n_962553

https://blogs.findlaw.com/ninth_circuit/2011/09/bradley-johnson-banner-order-does-not-violate-first-amendment.html

https://educationlaw.org/featured-caselaw/6525-johnson-v-poway-unified-school-district

Winter Garden Florida: a man forced from a public meeting by police for refusing to stand for the Pledge of Allegiance

Unhappy with a Moment of Silence, Winter Garden City Commissioners (FL) Vote to Bring Back Public Prayers

Pickering Balancing Test

http://www.wneclaw.com/lawedonline/pickeringbalancingtest.html

In God We Trust legislation in other states:

Alabama

https://www.foxnews.com/us/alabama-public-schools-may-soon-add-in-god-we-trust-displays

Tennessee

https://www.knoxnews.com/story/news/education/2018/08/03/god-we-trust-motto-tennessee-public-schools/889966002/

Nationwide in God We Trust legislation re: schools

https://ednote.ecs.org/in-god-we-trust-public-school-displays-of-the-national-motto/

The court brief:

http://cdn.ca9.uscourts.gov/datastore/opinions/2011/09/13/10-55445.pdf

A question for you to consider: how does the presence of In God We Trust further the cause of education? Another consideration: who is the presumptive we in the motto? How does this square with the protections contained in the First Amendment?

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