This is the scenario:
The Constitution in Your Community Assume that you are working as a paralegal in a local prosecutors office. You have been asked to work on a criminal case, where three defendants have been charged with disorderly conduct based on their behavior during a local football game. It seems that the three defendants got agitated after their team lost the game in double overtime.
Afterward, the defendants began shouting various barbs at passers-by. The first defendant yelled You guys suck! to members of the opposing team as they went into the locker room. The second defendant screamed Your team is a bunch of inbred hicks who want to marry their sisters to a group of opposing-team parents leaving the stadium. And the third defendant, shouted Hey, you dumb cop, why dont you go back to the donut shop where you belong? to an officer who was arresting the first two defendants. Each of the defendants maintains that his speech after the game was protected under the First Amendment. Locate the disorderly conduct statute for your local jurisdiction or state. Then prepare a memorandum analyzing whether your prosecutors office should proceed with criminal charges against each of the three defendants or whether some or all of the charges should be dropped based on constitutional protections under the First Amendment
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