J385: Communication Law Home Page

Midterm #1 - Winter 99

 

  • Four questions, each worth 15 points.
  • Due Date: Tuesday, February 2 - 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. The Hateful Young College Student Alliance is upset about the possible building of a Pride Dorm on campus. They decide to stage a protest on the 13th St. sidewalk in front of Johnson Hall, the main administration building on campus. The Hateful Alliance shows up at 11:45 a.m. with 25 group members, carrying signs. Three members of the group are leading chants using bullhorns. Other members of the group are passing out flyers which call for UO students to "drive gays off campus." As the protesters begin to give speeches on the steps of Johnson Hall, a small crowd of observers gathers on the other side of 13th Street. Several of the observers respond to the speeches by telling the speakers to "shut up," and yelling that the protesters are "Nazis who should be put in jail." Midway through the rally officers from the Office of Public Safety arrive on the scene and disband the Alliance rally because OPS had received complaints from students who were offended by the groups message and because the officers are afraid the rally may become violent.

Three of the protesters file suit against the University claiming a violation of their first amendment right to protest on a public street. Will their claim be successful? YES or NO. Explain your answer.

2. Shortly after the American Embassy in Kenya was bombed by terrorists, a reporter at the Register-Guard received a package containing copies of U.S. classified documents showing that President Clinton was aware of the plan to bomb the embassy almost two hours before it occurred. The documents concluded that the President was aware of the plan and and that "action should have been taken to stop the bombing." In addition, the documents detailed the existing security plans for U.S. embassies and made specific recommendations for improving security. When the editors of the Register-Guard see the documents they immediately go to work writing a story based on the documents. Just as the paper is about to print the story, a federal district court judge enjoined the publication of the story because it contained information damaging to the national security of the United States

The Register Guard appeals the court injunction claiming that the judge's order is an unconstitutional prior restraint. Will the paper's appeal be successful? YES or NO. Explain your answer.

3. Larry Laugh was arrested and convicted of harassment. At trial he argued that the conviction violated Article 1, Section 8 of the Oregon Constitution. The Oregon Supreme Court upheld the conviction finding that Oregon’s harassment statute is not in conflict with the state constitution’s free speech clause. Laugh wants to file an appeal with the U.S. Supreme Court.

Can Laugh successfully appeal the state court’s decision to the U.S. Supreme Court? YES or NO. Explain your answer.

4. The clear and present danger test, first defined by the U.S. Supreme Court in Yates v. United States (1957), severely limits the government's authority to regulate speech. It allows the government to prohibit and punish speech that advocates the overthrowing of the government or promotes violent or illegal action.

TRUE or FALSE. Explain your answer.

 

School of Journalism and Communication