Week 3 Assignment Essay

527 WordsNov 24, 20133 Pages
1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) According to the court in this case, “most jealously protected speech would be public interest. This allows people to express their feelings, uninhibited flow of ideas and opinions. Then we have the private concern, which are protected by the law. When looking at the case between Esposito-Hidner vs. SFX we see that it’s not protected. The courts made a decision that the defendant can not give information such as names, addresses, or workplace. 2. What court decided the case in the assignment? (2 points) Supreme Court of New York 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) The facts that is found within this case is the courts found the plaintiff to have actionable claim due to WPYX running a contest naming her the ugliest bride, which in turn the plaintiff felt inflicting emotional distress. The plaintiff also felt not only did she suffer emotional by being called the ugliest bride but the radio station also announce her by name, work and full disclosure of her duties at the job which is another local radio station. Other claims within this case revealed the fact that the radio hosts gave so much information about Esposito-Hilder serves as evidence that their broadcast was a deliberate intent to inflict injury. 4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points) Excellent distinction here between opinion statements and the statements of fact that serve as the basis for a defamation claim. This case was not defamation due to comments made was the broadcaster’s own opinion. The courts did approve filing under the tort of “Intentional Infliction of Emotional Distress”, this is because the plaintiff was a

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