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Midterm #1 - Winter 2000 |
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Midterm #1 - Winter 2000 |
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1. Sally Scoop, ace reporter, filed a public records request with the University of Oregon for "all student graduation records for the years 1996 to 1999." Sally is working on a story about graduation rates at the UO and wants to check on the university’s claim that the graduation rates have improved in recent years.
You are the UO official responsible for responding to public records requests. In a one-page letter, please answer Scoop. Your letter must reference the appropriate state and federal law. Will the UO give Scoop the requested information? YES or NO? Explain your answer.
2. The Eugene Outrage, an alternative newspaper, is on a campaign to expose corruption in Eugene city government. For the last three months, editor Harry Fume has printed articles containing unsubstantiated charges of illegal and unethical activities by city officials. Finally city officials file suit in state court asking that the Eugene Outrage be declared a "public nuisance" and enjoined from future publication. Judge Jones agrees with the city and issues an injunction prohibiting any future publication of the newspaper.
Harry Fume appeals the injunction claiming a violation of the First Amendment. Will the injunction be upheld on appeal? YES or NO? Explain your answer.
3. The concept of a "marketplace of ideas" has shaped interpretation of freedom of expression in the United States. Briefly explain the influence of the marketplace of ideas on interprepation of the First Amendment and discuss critical theorists' critique of the marketplace of ideas.
4. The Anywhere, Or. Performing Arts Center (APAC), a city owned-and-operated facility, is creating it schedule for summer 2000. The Center’s scheduling committee has done extensive market research and determined that its summer music series should have a "Best of the 1970’s" theme. Research shows that Anywhere residents and tourists will buy tickets to hear music from the ’70s. Disco is not dead in Anywhere!
Bang the Drum, a New York band that blends salsa, hip hop and reggae, is trying to put together a west coast tour. Before the Anywhere Performing Arts Center decided to focus its summer music series on 1970s disco, the scheduling committee had indicated some interest in booking Bang the Drum. Once the summer theme is decided, the APAC informs Bang the Drum’s agent that the group will not be allowed to perform at the APAC in summer 2000.
When Bang the Drum’s agent learns that his group will not be on the summer schedule he threatens to sue APAC. He claims that APAC is a public forum and its refusal to book Bang the Drum is viewpoint discrimination. Does Bang the Drum have a strong First Amendment claim against APAC? Yes or NO? Explain your answer.
