Need paper on a Case Evaluation – Case B- (Paper should be 400-600 words – all sources beyond text and lesson notes must be fully cited–MLA Style)
This involves two cases involving the freedom of the press. The ABC network is appealing a $5 million punitive judgment on the basis that it violation the freedom of the press. ABC conducted an uncover/hidden camera report at a national grocery store chain called Quick Quisine. Two network producers falsified a job application and got a job at the store. One day, they filmed several instances of the store chain changing expiration dates on the food products. This had significant health consequences. ABC airs the report showing deceptive and unsanitary practices. Quick Quisine sues and wins the case based on the falsification of the job applications by the producers. The store wins the lawsuit not based on the validity of the report but because of the false manner in which ABC conducted the investigation. Also, is another case. A magazine called Mercenary Monthly advertises a video called “How to Commit Murder in Ten Easy Steps.” The magazine does not produce the video, they simple advertise it. A young man gives a friend $2000 to kill his wife and son. His friend is no professional, so he orders the video and follows it step by step to commit the murder. The police investigate and arrest the two men for their roles in the murder. They are convicted and are currently in jail serving long sentences. The family of the victims sues both Mercenary Monthly and the producers of the video for their role in the victim’s death. They win the civil suit including the $6 million judgment for the role of the magazine and video producer’s responsibility and contribution to the murder. Besides the monetary/punitive damage award, the court issued an injection against publication of both the magazine and the video. Both are losing money and appeal this decision as a violation of the freedom of the press.
Questions for the court:
1. Should the award against ABC be upheld?
2. Is the basis for your decision of the validity of the news report or the manner/falsification of the job application?
3. Does the damage award violate the freedom of the press?
4. Does the 1st Amendment protect the Mercenary Monthly and the video “How to Commit Murder in Ten Easy Steps.”
5. Do you choose to uphold the monetary/punitive damage award against the magazine and the video for the wrongful death?
6. Do you choose to uphold the injunction stopping publication of each?
7. Do you see a difference in the role of the magazine and the video?
8. Do you choose to establish standards based on these cases regarding the freedom of the press?