2. What court decided the case in the assignment? (2 points) Supreme Court
3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) The plaintiff and several other bridal photographs were published in a newspaper. The radio show decided to have an “Ugliest Bride” contest and made some derogatory comments about the plaintiff and her appearance. The radio show allowed the public to call and make comments about her as well. In addition, they release her full name and other personal information, which was heard by her and her co-workers. The plaintiff proceeded to try to sue the radio show broadcaster for intentional infliction of emotional distress and defamation of character. 4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points) The court determined this was not defamation because the comments made were the broadcaster’s opinion. The court approved filing for intentional infliction of emotional distress. 5. In the decision, why does the court state further proceedings will be required? (5 points) The court confirmed the plaintiff can proceed to pursue a lawsuit. 6. Do you agree with this decision? Why or why not? (5 points) Yes, I agree with the decision made in this case. The plaintiff’s name and other personal identifiable information was released to the public as they proceeded to degrade her. She listened to these negative comments made while with her co-workers and was embarrassed. The broadcaster does have a right to his opinion and freedom of speech, but it doesn’t have to be announced to the world. The 1st Amendment does protect freedom of speech with a list of provisions and exceptions to the rule.
a. the name and citation of the case (5 points)
B-S Industrial Contractors, Inc., Respondent, v. Burns...