Hypotheticals on Justiciability

 

Consider the following hypothetical:

A young man distributes leaflets criticizing a major corporation on the public sidewalk outside a shopping center that the corporation owns. A state statute provides that property owners may ban distribution of literature on public sidewalks immediately outside their premises. The young man is convicted, pays his fine, and then sues in federal court for a declaratory judgment, claiming that the statute violates his 1st and 14th Amendment rights. He also alleges that he wishes to distribute the literature, but has been told by the district attorney that he will be prosecuted if he does so. As a result, he alleges his right to free speech and press has been chilled.

1. What case or controversy issue is raised?
2. What authority bears on it?
3. How would you apply the authority to the facts?
4. How do you resolve the justiciability issue raised by the case?

 

Consider the following hypothetical:

A state statute makes it a crime to distribute anonymous campaign literature. The plaintiff seeks a declaratory judgment that the statute is unconstitutional. He alleges that he intends to distribute anonymous handbills against his incumbent congressman. He further alleges that he will be prosecuted if he distributes the literature. The congressman dies before the election. Assume the plaintiff does not amend his complaint.

1. What case or controversy issue is raised?
2. What authority determines it? How do you apply the authority to the facts?
3. What conclusion do you reach?