The First Amendment to the Constitution states “Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right
of the people peaceably to assemble, and to petition the Government for a redress of grievances.” In 2015,
Presidential candidate Donald Trump proposed that he would consider shutting down mosques in the U.S.
Assume for the purposes of this assignment that Donald Trump was elected president in 2016 and that he
wrote executive orders mandating that these proposals become policy.
Consider Donald Trump’s statements from a Constitutional perspective. Would Trump’s policies violate the
First Amendment? Explain.
Suppose you are the lawyer involved in this case. Which side would you choose to represent, the U.S.
Government as the defendant or the congregation of a Muslim mosque as the plaintiffs? After deciding your
position, please make arguments on behalf of your client (either the U.S. Government or the Muslim
Congregation). Explain your position using your interpretation of the Constitution and relevant case law.
Sample Solution