Law of the Press Assignment
This Assignment includes the materials that you learned over the course. However, each case/ question has certain instruction, please follow them as directed. This Assignment requires you to review your First Amendment Handbook and refer to the class notes and related material. I listed the Materials/Concepts at the end of the Assignment paper that these questions may include.

Note:Please write precisely, check your spelling and grammar. Answer has to be in a formal way and clear.

1. Three former staffers at the Department of Justice have contacted you regarding practices they believe are illegal under federal statutes. In short, they believe that the boss of their unit has been taking bribes from people charged with low-level federal crimes. When the boss gets “paid off,” she makes sure that the charges filed against these defendants are charges that she cannot adequately prove in trial – so even though she takes the cases to trial, she really won’t win them. You believe that your informants have at least a good superficial case, though it will take a lot of research to prove.
Problems:
A. As you are in the process of researching, a high-level official from the FBI contacts you and tells you there is an active investigation on the practices in the office, and that your paper cannot print the story now because it would compromise the investigation. What issue does this bring up for you?

One might think it brings up the issue of prior restraint. But these restrictions have to be authorized by a judge and law enforcement officials can’t order reporters not to publish a story. Thus decision to print the story is an ISSUE OF ETHICAL CONSIDERATIONS, not a legal restraint.

B. The Department of Justice will not give you any of the data you have requested about the trial win/loss records of the woman in question. What federal law would you use to get the information?

FREEDOM OF INFORMATION ACT

C. The FBI has threatened to prosecute you unless you tell them who you have been talking to. What concept might protect your sources?

REPORTER’S PRIVILEGE

D. The Department of Justice says that printing the story would be an example of speech prohibited by Brandenburg. Do you agree? Why or why not?

No, I do not agree with that. Publishing this story does not constitute any clear and present danger to national security and it is not directed to inciting or producing imminent lawless actions. Brandenburg requires not only the advocacy of force but also that resulting danger be immediate. Printing this story would not be an example of speech prohibited by Brandenburg.

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