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Midterm #2 - J385 - Winter 2000 |
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Four questions, each worth 15 points. Please note that fact situation No. 2 has two questions
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Midterm #2 - J385 - Winter 2000 |
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Four questions, each worth 15 points. Please note that fact situation No. 2 has two questions
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1. WKAK-AM broadcasts a call-in talk show. Talk show host Harry Hotair opened the show with the following commentary:
"Carl Controversy, longtime critic of UO sports has published a new book titled Quack Back. It is being advertised as 'an inside look at the ugly underside of sports at the UO.' Well, the really ugly part of this book is Controversy. The guy is a real jerk. The only word in the book you can believe is "the." The guy never lets the facts get in the way of a good story. But people are buying it as if it is the gospel truth. Why do people believe this garbage?
I'm going to try and get Controversy on the show, but I doubt he'll accept the invitation. Guys like that always hide from the truth."
Following the opening commentary, Hotair broadcast a phone call from Frank Fan. Fan said, "From what I hear, Controversy has a whole lot of problems. It's no wonder that he doesn't get the quotes right. From what I hear, the guy is a couple of sandwiches short of a picnic, if you know what I mean. I'd never buy a book that guy wrote."
Controversy files a libel suit against Hotair, KWAK-AM and Fan. All of the defendants claim the statements are opinion protected under the First Amendment. Will this defense be successful? YES OR NO? Explain your answer. (15 points)
2. Terry Taxer is the director of the Anywhere County Office of Taxation. He supervises an office of 8 public employees and and reports to the elected Anywhere County Commission. A major aspect of the office's work is assessing the value of new commercial property in the county. Anywhere County has benefited greatly by the growth of high technology companies in Oregon. In recent years, 40 new high tech companies built offices and factories in the county. The Anywhere Gazette recently published a story and an editorial on the growth of the "Silicon Forest" in Anywhere County. In the story, the paper reported that Terry Taxer owns stock in several of the companies located in the county and that his net worth has increased by 200 percent in the last 24 months. In addition, the story said that the Anywhere County Office of Taxation has a reputation for giving high tech companies big tax breaks. "Taxer," The Gazette editorialized, "appears to have a conflict of interest. On one hand he is establishing the tax rate for high tech companies in the county. On the other hand, he is happily counting his cash. Taxer should resign or sell his stock."
Terry Taxer files a libel suit against the Gazette. He claims that the story and editorial imply that he is guilty of taking bribes from high tech companies.
a. Will Taxer be able to prove to prove defamation? Yes or No? Explain your answer. (15 points)
b. For the purposes of this suit, is Taxer a public official? Yes or No? Explain your answer. (15 points)
3. Under the First Amendment judges are prohibited from ever closing a trial or a pre-trial proceeding to the public and/or the press. True or False? Explain your answer. (15 points)
