The flat-Earthers contend that high-altitude pictures are just part of an elaborate hoax involving multiple governments and that those taking the photos are complicit in the conspiracy.

One of the flat-Earthers, Alex Wolfe, confronts photographer Pat Lange face-to-face, yelling "You know you're just a f***ing tool for a massive government front!" "You just want to change the law so you can go back to LYING to people and lying down with the devil!" "You're what's wrong with this world!"

Pat pushes Alex back, and the police step in, arresting Alex for violating a state law prohibiting disorderly conduct. (See 45-8-101 Montana Code Annotated: (1) A person commits the offenseof disorderly conductif the person knowingly disturbs the peace, ....[1]) Alex complains that the arrest violates the First Amendment.

[1] MT Code 45-8-101 (2015) Disorderly Conduct. (1) A person commits the offense of disorderly conduct if the person knowingly disturbs the peace by: (a) quarreling, challenging to fight, or fighting; (b) making loud or unusual noises; (c) using threatening, profane, or abusive language; (d) rendering vehicular or pedestrian traffic impassable; (e) rendering the free ingress or egress to public or private places impassable; (f) disturbing or disrupting any lawful assembly or public meeting; (g) transmitting a false report or warning of a fire or other catastrophe in a place where its occurrence would endanger human life; (h) creating a hazardous or physically offensive condition by any act that serves no legitimate purpose; or (i) transmitting a false report or warning of an impending explosion in a place where its occurrence would endanger human life. (2) Except as provided in subsection (3), a person convicted of the offense of disorderly conduct shall be fined an amount not to exceed $100 or be imprisoned in the county jail for a term not to exceed 10 days, or both. (3) A person convicted of a violation of subsection (1)(i) shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both. Hypothetical question: Does the state law (SB204) banning the use of high-altitude balloons violate the amateur and commercial photographers' First Amendment rights? Assess the type of speech, scrutiny and forum that are involved here and apply any relevant case precedents. Are they likely to win? why/why not?

Answer rating: 100% (QA)

In this situation the legality of a state law that bans the use of highaltitude balloons by amateur and commercial photographers is being questioned i... View the full answer