Legal Question in Constitutional Law in California
The Long Beach City Council adopted a law that makes it a misdemeanor, punishable by a fine and/ or 30 days in jail, to "accost any person in a public place for the purpose of begging or soliciting alms." Justin Jones, a homeless man, is arrested after approaching several pedestrians on Main Street and asking them for money. In court Jones tells the magistrate that he is being punished for exercising his first amendment rights. Jones asks, "why is it ok for the Salvation army to solicit funds by bell ringing? The law is unconstitutional because it discriminates against poor people who wish to exercise their first amendment rights in a public forum."
The judge replies, accosting people on the street for money is more threatening than what the Salvation Army does. Besides the Salvation Army is a respectable organization."
The judge sentences Jones to 5 days in Jail
Jones Decides to appeal his sentenceing. Does he have a good chance of winning?
2 Answers from Attorneys
Jones should get a lawyer who did her own homework in law school instead of cheating by posting the questions online like this.
Jones wins his appeal because there is no Main St. in Long Beach and therefore the ordinance does not apply. Now do your own homework.
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