Question

A law student and two friends were at a mall peacefully handing out fliers in protest of U.S. Middle East policy. The mall owner called the police, who warned them to stop or they would be arrested. They returned the next day and continued to leaflet. The police came again and issued another warning. The law student left to avoid arrest, but the police arrested his companions for criminal trespass and loitering. The law student, in an attempt to get an advance ruling on the constitutionality of the criminal statutes, filed a declaratory judgment action in federal court asking for declaratory relief. Based on Supreme Court precedent will the federal district court dismiss the declaratory judgment action?

Answer 1

Answer:

With no pending prosecution, a federal plaintiff may seek a declaratory judgement that a state statute would be unconstitutionally applied against him in a threatened future prosecution.

Explanation:

The action of the police in this context can be considered as the violation of the first amendment under the protection of free speech, Similar case occurred in 1974 (Steffel v. Thompson, 415 U.S. 452). In that similar case, the companion who arrested was given a freedom since the arrest is considered as unconstitutional.