COM 440POL S 461 Assignment 1 Spring 2016
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Assignment 1: Case Problems Involving the First Amendment
COM 440/POL S 461 Assignment 1: Spring 2016
One of the best ways to learn the rules of law is to apply them to hypothetical situations. That’s why I'm asking you to analyze one case problem with several parts involving material discussed in Lessons 1 and 2 (including the discussion forums) and chapters 1 -3 of the textbook. Please refer to Practice Exercise 2-2 for examples of this type of legal analysis.
The first step is to read the facts of the case problem carefully and e-mail me if you have any questions. The next step is to identify the correct area (or category) of law that is applicable to each question of the case problem. In other words, does the question deal with sedition or fighting words or prior restraint or time, place and manner rules or another area (or category) of law covered in Lesson 2? This part of the analysis is essential because the legal rules differ depending on the area of law under consideration. Once you determine the area/category of law that's applicable (and sometimes it’s given), then the last step is to apply the correct legal rules to the facts of the case problem and to state your conclusions. Here’s the case hypothetical, followed by instructions on how to prepare your assignment.
Let’s assume that Gloria Santos is the Green Party nominee, campaigning for the open congressional seat held by Representative Jim McDermott, who decided not to run for re- election this year. People opposing her candidacy have already created a website dedicated to her defeat. The website’s domain name is GloriaSantosforCongress.com, and it is the first website that comes up in an Internet search for information about her candidacy. The website labels her a Communist and includes false statements about her positions on the...