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Midterm #2 - Winter 1997
1.(15 points) Under the current national security classification policy, the classification of "Confidential" is applied to information, the unauthorized disclosure of which may cause damage to the national security. TRUE OR FALSE. EXPLAIN YOUR ANSWER. 2. (15 points) Ray Rant, a student at South Anywhere High School, published an article titled "Drugs and Sex at South" in The Cube , an underground newspaper published by Rant and his three best friends. The article reported on students' drug use and sexual practices. It contained graphic and explicit quotes from seven identifiable students, and it was critical of school teachers, school administrators and local law enforcement officers. When Rant attempted to hand out the paper to students standing in the schools parking lot a teacher told him to stop because the paper had not been approved by the school administration. Rant refused. The teacher reported Rants activity to the administration. Several days later, after an opportunity to explain his actions, Rant was suspended for 3 days for violating the Schools Student Code of Conduct. The Code of Conduct requires all students to get approval before distributing any newspaper, pamphlet, leaflet or other printed material on campus. Rant claims the Code of Conduct and the suspension violated his First Amendment free press rights. Is he correct? YES OR NO? EXPLAIN YOUR ANSWER. 3. (15 points) The Anywhere, Or., Board of Education is concerned about the behavior of fans at high school sporting events. Over the last three years, there have been a significant number of fights at football games, and several students have been arrested for drinking outside the school during basketball games. Following the most recent incident, a riot at a basketball game in February, the Board appointed an "fact finding team" to study the problem and report its finding to the board. The Board selected the members of the team from the community and authorized $10,000 of School Board money to fund the team's investigation and report. After a two month investigation, the fact finding team informed the School Board that it had written a forty page report on the incident in which it recommended changes in the School's policy for security at sporting events; changes in the School's student conduct code; and for the creation of a new "events coordinator" position in the School. At a regularly scheduled meeting, the School Board issued a press release announcing that the report had been completed but it did not release the report to the public. At its next regular School Board Meeting the Board voted to go into "executive session" to review the report. In voting to enter executive session, the Board cited personal privacy and "employment decisions" as the reasons for going into a closed meeting. You are the education reporter for the Anywhere Gazette. a. Based on the available information, is the Board's executive session in compliance with state open meetings law?YES OR NO? EXPLAIN YOUR ANSWER. b. Will the public records request for the report you are going to file be successful?YES OR NO? EXPLAIN YOUR ANSWER. 4. (15 points) Under current U.S. Supreme Court interpretation the the First Amendment a state may forbid the publication of the identity of the alleged victim of a sexual assault until an individual is charged with the crime and is in custody. True or False. Explain your answer. 5. (30 points) The Eugene Gazette published a story about an investigation of activities at Emerald Empire, Inc. , a manufacturing firm in Junction City. The story included the following statements:
Builder, Sleeze and Emerald Empire, Inc.immediately sent the Gazette a retraction demand, all of which the paper rejected. Several weeks later, Builder and and Emerald Empire, Inc. filed libel suits against the Gazette. As the litigation moved forward, the following facts were established: 1. Sam Sleeze was charged with criminal fraud. 2. No criminal charges were filed against Emerald Empire; however the federal Securities and Exchange Commission started an investigation into the company's management based on possible false statements in its annual filings with the SEC. 3. While Emerald Empire has been cleared on any direct involvement in Sleeze's double billing scheme, the company's unconventional billing practices and the lack of adequate supervision in the billing department created the opportunity for Sleeze to engage in illegal activities. The Gazette moves for dismissal of both Builder's and Emerald Empire's suits claiming that they will not be able to show falsity or negligence. a. Based on the available evidence, can either plaintiff show falsity? YES or NO? Explain your answer. b. Based on the available evidence, should negligence be the standard of fault in these suits? YES or NO? Explain your answer. (Note: We are not asking if the plaintiffs could prove negligence.) |
