J385: Communication Law Home Page

Midterm #1 - Winter 2006

 

  • Five questions, each worth 10 points = 50 points
  • Due Date: Thursday, February 9th - At the beginning of Class.
  • Answers should 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. Sally Sleuther is a reporter at her hometown newspaper, The Weekly Cougar, in Some Small Town, Oregon. She receives a tip from a trusted
source that the city’s mayor, George Slickshell, and four of the five members of the city council are meeting at a local restaurant with Harry Slickshell, the mayor’s brother and a real estate developer, to discuss the city’s purchase of a $20 million piece of property. When Sally arrives at the restaurant the mayor, the four members of the city council and the mayor’s brother are in a private room in the restaurant. She sees that they are reviewing property maps and that Harry Slickshell is making a formal presentation.

Sally waits outside the door until the mayor leaves the room. She asks the mayor why he and the council are discussing public business in private, and why they are violating the Public Meetings Law. The mayor claims that it is not a public meeting because the meeting is in a private room in a private restaurant and the council is not voting on any action items.

Did the mayor and the city council violate the Oregon Public Meetings Law? YES or NO. Explain your answer.


2. In R.A.V. v. St. Paul, the U.S. Supreme Court held that a prosecution for cross burning under a city's "hate speech" ordinance violated the First Amendment. However, in Virginia v. Black, the Court upheld a Virginia state ordinance prohibiting cross burning. Explain how the Supreme Court could reach different decision in two cases that both concern free speech claims and cross burning.

 

3. Two student reporters at Western State University, a public state university, are collaborating on an investigative story for The Daily Crusade, the campus newspaper. The newspaper is the university’s official student newspaper and students receive credit for working on the paper. The university publication policy gives editorial control to the student editors. In addition, it prohibits prior review by the paper’s faculty adviser, a member of university’s journalism school faculty, or by any member of the university’s administration.

The reporters have evidence that the university’s president had falsified his credentials. He claimed to have a Ph.D., but in fact, the president never finished his doctoral degree. The day before the story is scheduled to be published, the president orders the paper to not publish the story. He threatens to shut down the paper if it is published. The reporters claim a first amendment right to publish the story. The president claims that the university has the authority to prohibit publication because the paper is part of the university curriculum and an official university publication.

(a) Does the First Amendment protect the students’ right to publish the story? YES or NO? Explain your answer.

(b) If Western State University is a private university do the students have a First Amendment claim? YES or NO? Explain your answer.


4. Terri Treesitter was arrested for illegal camping in an Oregon state park during a protest action. Under Oregon Revised Statutes the park is designated for day use only and all camping is prohibited. She was one of 20 protesters who pitched tents in the park in order to protect a stand of trees scheduled for cutting. The protesters covered their tents with protest signs and hung signs in the trees around the tents. At trial, Terri argued that the camping protest was speech protected by Article I, Sec. 8 of the Oregon Constitution and the First Amendment of the U.S. Constitution. The court rejected Treesitter's federal and state free speech claim finding that camping is 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.

(a) Has Treesitter preserved her right to appeal to the federal Supreme Court? YES or NO. Explain your answer.

(b) Assuming she can appeal, is it likely that her appeal will be successful? YES or NO. Explain your answer.


5. Dr. Harry Feelgood files a libel suit against GoodStory PR after the public relations firm distributed a press release to more than 50 news organizations announcing that its client, Mary Mouse, was considering filing a lawsuit against Dr. Feelgood. The press release stated: “Mary Mouse was treated by Dr. Feelgood over a ten year period. For much of that time, Dr. Feelgood gave Ms. Mouse numerous injections of high cost drugs and encouraged her to return for additional treatments. At no time did he inform Ms. Mouse of the dangers of the drugs. Ms. Mouse continues to suffer from debilitating illness and is no longer able to afford treatment.”

(a) Feelgood claims that he has been defamed. Can he prove defamation? YES or NO. Explain your answer.

(b) GoodStory PR claims that the press release is based on privileged information because it is part of a legal action, and therefore there is no basis for a libel suit even if the press release defamed Feelgood. Will the defense be successful? YES or NO. Explain your answer.

 

School of Journalism and Communication