International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

In the scenario where Jordan promotes Buddhism at an airport, what is the issue with the airport’s decision to ban all 1st Amendment activities?

1. It is a violation of local laws

2. It is considered overbroad

3. It discriminates against certain religions

4. It limits free speech only

The correct answer is: It is considered overbroad

The issue with the airport’s decision to ban all First Amendment activities is that it is considered overbroad. An overbroad restriction on free speech occurs when a law or policy prohibits more expression than is necessary to serve a legitimate government interest. In this context, while the airport may have interests in maintaining order and security, banning all activities involving the First Amendment impedes not just potentially disruptive actions but also peaceful and non-threatening expressions of speech and religion. Such a sweeping ban fails to distinguish between different types of activities, which means it could suppress significant forms of expression that are protected under the First Amendment, such as free speech, free exercise of religion, and assembly. The principle of overbreadth ensures that individuals are able to exercise their rights without fear of undue reprimand for activities that do not substantially disrupt the airport's operations. The other options do not encapsulate the precise issue at hand as effectively. Local laws (the first option) would seem less relevant because the focus here is on constitutional rights rather than specific laws. Discrimination against certain religions (the third option) could be a concern but is not as direct as the overbroad nature of the ban itself. Lastly, while limiting free speech (the fourth option) is a