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Terri Treesitter was arrested for illegal camping in an Oregon state park during a protest action. She was one of 20 protesters who pitched tents in the park in order to protect a stand of trees scheduled for cutting. At trial, Terri argued that the camping protest was speech protected by Article I, Sec. 8 of the Oregon Constitution. She did not argue that the arrest violated the U.S. Constitution. The court rejected Treesitter's free speech claim finding that the camping was not protected speech. She was convicted and fined $500.
a. Terri wants to appeal her conviction
to the Oregon Court of Appeal and if necessary to the Oregon Supreme
Court. What
is her best argument on appeal? Will it be successful?
b. Assume that the Oregon appellate courts uphold the trial court verdict. Terri plans to appeal her case to the United States Supreme Court. Does she appear to have grounds for an appeal? YES or NO. Explain your answer.
