J385: Communication Law Home Page

Midterm #1 - Winter 2002

 

  • Five questions, each worth 10 points.
  • Due Date: Thursday, February 7th - In Class.
  • Answers must be typed.
  • If you have any questions about collaborative work, please refer to the Student Academic Integrity page. If you still have questions, please consult with Professor Gleason.

 

1. On the afternoon of October 4, 2001, Harry Hattop was dressed in army fatigues and standing in the area traditionally used by speakers outside the Erb Memorial Union on the UO Campus. Hattop was carrying a sign bearing a picture of Osama bin Laden superimposed on an image of the World Trade Center towers and handing out leaflets to passersby. The poster and the leaflets were sympathic to bin Laden's cause and blamed the United States for the attack on the World Trade Towers.

About 60 people gathered around Hattop and began to shout, "F--k this guy, lock that f--king guy up before I kill him." The incident disrupted pedestrian traffic and created a public disturbance. Hattop was arrested and charged with disorderly conduct. No other individuals were arrested.

Hattop argues that his arrest violates the First Amendment because he has a right to express controversial and unpopular views. The prosecution argues that Hattop's poster and leaflet constitute fighting words and an incitement to violence.

Does the arrest of Hattop violate his First Amendment rights? YES or NO. Explain your answer.

2. In Near v. Minnesota, the U.S. Supreme Court held that a Minnesota law allowing prepublication restraints was unconstitutional because federal statutes preempted state regulation of the content of newspapers.

True or False? Explain your answer.

3. Under the speech and press clauses of the First Amendment, high school students and adults do not share the same consitutional protections.

True or False? Explain your answer.

4. 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. On appeal, the Oregon Supreme Court upheld the conviction.

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.

5. Sally Scoop, a reporter for the Eugene Gazette, legally obtained copies of confidential files concerning the prosecution of violent sexual crimes against women under the age of 18 in Lane County for the years 1995 to 2001. The files contained the names of all women who had reported violent sexual crimes between 1995 and 2001. Under state law, these names are not part of the public record. The newspaper's policy is to not print the names of sexual assault victims, but it is seeking legal opinion to determine if it has a legal right to print the names.

In a brief (no more than one-page) letter, please explain the paper's legal position. Does the First Amendment give the paper the right to print the names contained in the report?

 

School of Journalism and Communication