Question

Pisces Ecclesiastical Ministries (the “Church”) is a 45-member congregation operating out of a remote location in California’s Sierra Nevada mountain range. The Church considers fish sacred, and vehemently opposes fishing for human consumption. In order to “spread its word,” the Church plans a tour of the California coast, demonstrating against a comprehensive list of fishing companies both large and small along the way. Stan Beck, 77 years old and a proud commercial fisherman for most of his life, owns and operates Pelican Fisheries (a sole proprietorship) on Cannery Row in Monterey, California. After returning from a fishing expedition in late July, Stan encountered twelve of the Church’s parishioners congregated on the public sidewalk across the street from the dock. They were displaying placards and banners apparently directed toward Stan and his business, proclaiming “Be Ye a Fisher of Men Instead,” “The Fish of the Seas are God’s Sacred Vessels,” “God Shall Smite the Pelican!” and “Stan Beck is Bound for Eternal Damnation!” Aside from the provocative language of their placards and banners, the Church’s members demonstrated peacefully. Stan is very upset. He considers the Church’s demonstration an unreasonable intrusion into his personal privacy to operate his business as he sees fit, and he plans to sue the Church.

1. Identify the three constitutional rights expressed in the United States Constitution’s Bill of Rights that arguably gave Pisces Ecclesiastical Ministries the right to demonstrate.

2. Define and explain each of those rights.

3. Identify the constitutional right implied in the Bill of Rights Stan (doing business as Pelican Fisheries) could claim the Church violated.

4. Discuss whether Stan will likely prevail in his lawsuit against the Church. Explain your response.

Answer 1