Constitutional Law

Question 1

Defamation requirements

Answer 1

Under the First Amendment, public figures cannot recover for defamation unless they can show that the defaming statement was made with actual malice. Actual malice will be found where the statement is made with knowledge that it is false or with reckless disregard of its truth or falsity.

Question 2

Invasion of privacy

Answer 2

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 3

Eleventh Amendment

Answer 3

The Eleventh Amendment prohibits federal courts from hearing most private actions against state governments. The prohibition includes actions in which the state in named as a party or in which the state will have to pay retroactive damages.

Private parties may bring actions to enjoin an officer from future conduct that violates the Constitution or federal law.

Question 4

DCC (not facially discriminatory)

Answer 4

If a state law that treats local and out-of-state interests alike nonetheless burdens interstate commerce, it will be valid unless the burden outweighs the promotion of a legitimate local interest.

Question 5

DCC (facially discriminatory)

Answer 5

For a regulation to discriminate against the interstate commerce, it must treat economic interests from within the state differently from economic interests from outside of the state.