...What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) Free Speech 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) A radio show decided to have an Ugliest Bride contest and used the bridal photographs that were published in the newspaper. The winner of the contest was an employee of a competing radio station and the very derogatory comments about the plaintiff and her appearance were made on the radio show. The plaintiffs name and personal information was broadcast on the show and callers were allowed to comment on her. The plaintiff tried to sue the radio station 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 decided that this was not defamation because it was the broadcaster 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 that the plaintiff can 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 name and other personal information was released to the public and they...
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...up the Esposito-Hilder vs. SFX case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) 2. What court decided the case in the assignment? (2 points) 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) 4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points) 5. In the decision, why does the court state further proceedings will be required? (5 points) 6. Do you agree with this decision? Why or why not? (5 points) Now, in the library, click the “Shepardize” button in the top right of the LexisNexis page while on the case. This provides you with all of the cases which have used the Esposito case as “precedent” since its publication. Out of the 30 cases listed pick one, click the link, read the case, and provide the following information: A. the name and citation of the case (5 points) B. the name of the court which decided the case (3 points) C. the year of the decision (2 points) D. the facts of the case (5 points) E. the issue of the case (5 points) F. the “decision” of the case (5 points) G. for what principle of law was the Esposito case used (cited...
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...22, 2013 Esposito-Hilder vs. SFX case Go to Jennings Chapter 9, page 315, problem 5. Use LexisNexis in the Keller library and look up the Esposito-Hilder vs. SFX case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) Under the law of defamation and considering the content and general thought process of the entire radio program, the remarks may have been distasteful. However, to the reasonable listener, it would be viewed as an opinion and would not be viewed as an actual fact about the plaintiff. One's physical attractiveness and desirability or lack thereof is, in fact, a matter of subjective opinion, even though under the circumstances it may not give rise to a qualified privilege. For more than a century, it has been widely recognized that "Beauty is in the eyes of the beholder." 2. What court decided the case in the assignment? (2 points) The court decided that plaintiff's complaint states a cognizable cause of action against the defendants for the tort of intentional infliction of emotional distress. Accordingly, the defendants' motion to dismiss plaintiff's amended complaint is denied. 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis...
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