Essay Question A:

On behalf of Madison & Carol Clark:
(1) (10 points) Make a legal argument that AA's speech was speech attributable to the government rather than private speech and, therefore, could violate the Establishment Clause.
(2) (10 points) Make a legal argument that AA's speech, assuming, based on the previous argument, that it was speech attributable to the government rather than private speech, violates
the Establishment Clause because Kennedy High School cannot satisfy the effect prong of the Lemon test.

On behalf of Kennedy High School:
(3) (10 points) Make a legal argument that AA’s speech was private speech rather than speech attributable to the government and, therefore, it could not violate the Establishment Clause.
(4) 10 points) Make a legal argument that AA’s speech, assuming it is speech attributable to the government rather than private speech, does not violate the Establishment Clause because Kennedy High School can satisfy all 3 prongs of the Lemon test.


Essay Question B:

On behalf of Florence Foster and her 2 children:
(1) (8 points) Make a legal argument that the Foster family’s clothing choices are based on a sincerely held religious belief protected by the Free Exercise Clause and not based on secular philosophical beliefs and/or a lifestyle choice.
(2) (6 points) Make a legal argument that the Edison Middle School mandatory school uniform policy should not be treated as a neutral rule of general applicability under the Free Exercise Clause.
(3) (6 points) Based on the success of the previous legal argument, a court would apply the strict scrutiny test to analyze the school uniform policy as applied to the Foster family. Therefore, make a legal argument that applies the strict scrutiny test to evaluate the Foster family’s challenge to the school uniform policy and concludes that the school district cannot satisfy that standard.

On behalf of the Hunter School District:
(4) (8 points) Make a legal argument that the Foster family’s belief system is based on secular philosophical beliefs and/or a lifestyle choice and is not a sincerely held religious belief protected by the Free Exercise Clause.
(5) (6 points) Make a legal argument that the Edison Middle School mandatory school uniform policy should be treated as a neutral rule of general applicability under the Free Exercise Clause.
(6) (6 points) Based on the success of the previous legal argument, a court would apply the rational basis test to analyze the school uniform policy as applied to the Foster family. Therefore, make a legal argument that applies the rational basis test to evaluate the Foster family’s challenge to the school uniform policy and concludes that the school district can satisfy that standard.