Week3 Assignment 1
Week 3, Homework Assignment #1
1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points)
The most jealousy protected speech is, “Speech that advances the free, uninhibited flow of ideas and opinions on matters of public interest and concern.”
2. What court decided the case in the assignment? (2 points)
The Supreme Court
3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points)
The plaintiff’s newlywed photos were printed in the local newspaper, along with other photos of other brides. Disc jockeys of a competing radio station engaged in their usual “ugliest brides contest” where the plaintiff was made the “winner” of the contest. The disc jockeys made unpleasant, negative and defamatory comments about the plaintiff. They also invited the public to ridicule her looks as well. The disc jockeys also disclosed the plaintiff’s full name, place of employment and her relation to her superiors. The plaintiff claimed this incident and the actions of the disc jockeys caused her emotional distress. The defendants had filed a counterclaim. It was dismissed due to the plaintiff having actionable claim against them under the tort of intentional infliction of emotional distress.
4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points)
This is not defamation because the comments that were made, although they were hurtful, were rather an expression of opinion. The tort of intentional infliction of emotional distress was approved by the court.
5. In the decision, why does the court state further proceedings will be required? (5 points)
Further proceedings will be required because the plaintiff can file a lawsuit against the defendants.
6. Do you agree with this decision? Why or why not? (5 points)
I agree with the decision of the court because the plaintiff was subject to ridicule and negative comments by a
1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points)
The most jealousy protected speech is, “Speech that advances the free, uninhibited flow of ideas and opinions on matters of public interest and concern.”
2. What court decided the case in the assignment? (2 points)
The Supreme Court
3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points)
The plaintiff’s newlywed photos were printed in the local newspaper, along with other photos of other brides. Disc jockeys of a competing radio station engaged in their usual “ugliest brides contest” where the plaintiff was made the “winner” of the contest. The disc jockeys made unpleasant, negative and defamatory comments about the plaintiff. They also invited the public to ridicule her looks as well. The disc jockeys also disclosed the plaintiff’s full name, place of employment and her relation to her superiors. The plaintiff claimed this incident and the actions of the disc jockeys caused her emotional distress. The defendants had filed a counterclaim. It was dismissed due to the plaintiff having actionable claim against them under the tort of intentional infliction of emotional distress.
4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points)
This is not defamation because the comments that were made, although they were hurtful, were rather an expression of opinion. The tort of intentional infliction of emotional distress was approved by the court.
5. In the decision, why does the court state further proceedings will be required? (5 points)
Further proceedings will be required because the plaintiff can file a lawsuit against the defendants.
6. Do you agree with this decision? Why or why not? (5 points)
I agree with the decision of the court because the plaintiff was subject to ridicule and negative comments by a