Media Law

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Module 2: Writing Assignment

Question 1 (15 points)

Write rule statements for the following legal doctrine: specific jurisdiction, Brandenburg/incitement test, and content based regulation and the corresponding strict scrutiny test. 

Question 2 (30 points)

Please read the following fact pattern, then answer the question below. 

Fact Pattern: The Secaucus Times is headquartered in New Jersey. In addition to a growing online audience up and down the eastern seaboard, the readership in nearby New York City is showing a lot of interest in the hard copy; in part, because they enjoy the paper’s tough reporting on the city’s current mayor and the convenience of having it to read on the subway (where cell service is shotty). Unfortunately, one day its delivery driver negligently backed over a New York resident’s foot in the city. The victim is expected to be left with a permanent limp and is now suing the Secaucus Times in New York federal court for $250,000. 

Question: Can the defendant, The Secaucus Times, successfully argue the case should be thrown out for lack of jurisdiction? Use IRAC. Hint one and only one of the rules identified in question one is relevant here.  

Question 3 (30 points)

Please read the following fact pattern, then answer the question below. 

A local and well known protester named Paul was fed up with the state of politics. So, he gathered his followers, and headed downtown to make his grievances known. Paul’s followers are typically law abiding, but a few have been known to resort to vandalism, especially when egged on by Paul. They listen to every word he utters like its gospel. On this particular evening, after about two hours of chanting and marching, Paul yelled, “Alright, we’ve done the peaceful thing long enough. Now, let’s take some real action! Let’s start breaking some windows, now!” 

Question: Is Paul guilty of incitement? Use IRAC. 

Question 4 (15 points)

In two to three sentences, please identify an example of when a judge(s) or justices would apply strict scrutiny. To help, you can use facts from real cases or describe when such doctrine is applicable using generalizations.