This question should be answered in IRAC format. Please also include all relevant keywords, terms and phrases when discussing each topic.
John, a State District Attorney, files a complaint in the proper U.S. District Court seeking to enjoin a pro-communist rally. He alleges the rally is being held without a license, in violation of a state statute. John asserts federal question jurisdiction by alleging that the defendants have publicly claimed immunity for such rallies on First Amendment grounds. Dalton, the group leader, files an FRCP 12(b)(1) motion to dismiss for lack of subject matter jurisdiction. He alternatively claims immunity from prosecution under the First Amendment as an affirmative defense.
Should Dalton’s motion be granted? Explain your answer.
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Hint
Consider whether the cause of action violated a state statute, and thus, whether it involved a federal question. Next, consider whether asserting the defendant’s immunity on a constitutional basis supports a federal question.
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