Answered>Order 1817

Ben Cohen (of Ben and Jerry’s Icecream fame) was recently arrested for participating in a “public demonstration” in Burlington, Vermont. He was ultimately arrested for violating the city’s noise ordinance. Read these essays about what happened:

https://vtdigger.org/2018/03/04/ice-cream-mogul-ben-cohen-activists-arrested-jet-blasts-burlington/

https:// the four-part test from United States v. O’Brien (1968) (and discussed in chapter 11 of Tedford and Herbeck), explain your answer to this question: Did Burlington violate Ben’s First Amendment rights? Even if he wasn’t speaking, was he engaged in “symbolic expression” that is protected by the First Amendment?

 
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