Con Law

Question 1

First Amendment

Freedom of the Press?

Answer 1

As a general rule, the press has no greater freedom to speak than does the public.
**Publication of Truthful Information: **

1. Generally, the press has a right to publish information about a matter of public concern, and this right can be restricted only by a sanction that is narrowly tailored to further a state interest of the highest order.
2. The right applies even if the information has been unlawfully obtained in the first instances, as long as:
   (a) the speech relates to a matter of public concern;
   (b) the publisher did not obtain it unlawfully or know who did, and
   (c) the original speaker’s privacy expectations are low

Question 2

First Amendment

Public Figure?

Answer 2

Two ways to become public figure:
1. General Fame or Notoriety: A person may be a public figure for all purposes and all contexts if he achieves “general fame or notoriety in the community and prevasive involvement in the affairs of society,” although “a citizen’s partcipation in community and professional affairs” does not render him a public figure for all purposes.
1. Involvement in particular controversy: a person may “voluntarily inject himself or be drawn into a particular controversy to influence the resolution of the issues involved” and thereby become a public figure for a limited range of issues

Question 3

First Amendment

Public Officials?

Answer 3

Public officials for defamation purposes include:
1. Those holding or running for elective officer (at any level)
2. Public employees in positions of public importance (prosecutor, school principal, police officer)

Question 4

First Amendment

Matter of Public Concern?

Answer 4

Matters of public concern are issues important to society or democracy.

The courts decide on a case-by-case basis whethe the defamatory statement involves a matter of public concern, looking at the content, form, and context of the publication.

Question 5

First Amendment - MEE#2

(1) Defamation Action Precluded by first amendment?

Answer 5

At common law, a plaintiff may bring a defamation action against a D who makes a false statement about the P.

Under the First Amndment, public figures cannot recover for defamation unless they can show that hte defaming statement was made with actual malice

Malice will be found where the statement is made with knowledge that it is false or with reckless disregard of its truth or falsity.

if malice is shown, 1st amnd will not preclude liability

Question 6

First Amendment - MEE#2

(2) Invasion of Privacy Precluded by first amendment?

Answer 6

Generally, it is a tort to publish private information about a person if a reasonable person would object to having the information made public
* Truth is not a defense to this tort

if the matter is one of legitimate public interest, its publication is privileged if it is made without actual malice, especially if the information was obtained legitimately, such as a picture taken in public.

Question 7

First Amendment - MEE#5

(1) Freedom of Speech in a public forum?

Answer 7

The First Amendment to the United States Constitution guarantees the freedom of speech. The First Amendment is applicable to the states through the Due Process Clause of the Fourteenth Amendment

Under the First Amendment, regulations on the content of speech are subject to strict scrutiny and, therefore, are generally invalid.

Government may regulate the conduct of speech with time, place, and manner regulations. A time, place, and manner regulation of speech in a public forum must:
1. be content neutral;
2. be narrowly tailored to serve a significant government interest; and
3. leave open alternative avenues of communications

Question 8

First Amendment - MEE#5

(2) Freedom of Speech in a designated public forum?

Answer 8

[School Classrooms] are not traditional public forums and generally are not available for the exercise of First Amendment speech or assembly rights.

if a [School] chooses to throw open its facilities for public use when the rooms are not being used for school purposes, the facilities become designated public forums.

At the time designated public forums are open for speech or assembly activities, their use may be limited only by regulations that would be allowed in public forums (three-part test for public forums)

Question 9

First Amendment - MEE#5

(3) Freedom of Speech in a nonpublic forum?

Answer 9

[Principal’s office] is a nonpublic forum - government property not traditionally open for speech activities

A person does not have any right to access nonpublic forums for speech activities, and speech can be regulated in such forums by viewpoint neutral laws reasonably related to a legitimate government purpose (or reasonable laws not aimed at the suppression of speech)