final pt2.docx - Issue-Rule\/Points\/Points Possible 1 Traditional Public Forum 2\/2 2 Incitement Test 1.5\/2 3 Libel Elements 0\/2 Actual Malice 2\/2 Fair

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Issue-Rule/Points/Points Possible1. Traditional Public Forum 2/2 2. Incitement Test 1.5/2 3. Libel Elements 0/2Actual Malice 2/2Fair Report Privilege 0/2This was a fairly straight-forward essay assignment, designed to ease you into the practice of following the IRAC formula and spotting the correct is-sue and rule for each question.In these essays, you are required to use the information from the text and lectures. Going outside of those sources runs the risk of not earning full credit. Please use the rubric above to see where you earned your points and where you could have earned more. The names in the rubric are the main rules you were required to cite in your essay to earn full credit. Remember that you are required to name the rule and write out all of the elements of the rule. For example, just mentioning three of the five elements of a libel claim will not earn you full credit. In addition, writing our your version of those elements, or a definition that you found in Wikipedia or any other source will also not earn you full credit. They need to be verbatim from the text or lecture.Once you look over the rubric and your scores, then read the model essay below as an example of what a proper essay looks like, which contains the correct Issue, Rule, Analysis, and Conclusion. When you have looked this over, you may write a couple of paragraphs thatexplain how you could have made your essay stronger and post it in the Week Two Essay Extra Credit tab. This is due four days from now. Even if you earned full credit on this essay, you can still think about ways your es-say could have been stronger, by comparing it to the model answer.
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Here's the model:1. Will the protesters be found guilty of trespassing on the public sidewalk? The public sidewalk is considered a traditional public forum, which is land that is designed for public use and historically used for public gatherings. The public has a general and presumed right to use these places for free expression. Here, the protesters were on the public sidewalk and there is nothing in the fact pattern to indicate they were violating any laws. The gov-ernment is allowed to impose rules, hours and policies to facilitate the use of traditional public forums, so long as they are content-neutral. But there isnothing in the fact pattern that describes such a rule or law here and the police chief not liking protesters is not grounds for a trespass charge. The prosecution would fail. 2. Is Pamela Protester guilty of incitement? In order for speech to lose its constitutional protections and be considered incitement, prosecutors would have to apply the Incitement Test, which came about in the case of Bran-denburg v. Ohio. The Supreme Court reasoned that speech could be con-sidered incitement if it is directed toward inciting immediate violence or ille-gal action and is likely to produce that action. In this case, Protester yells, Ladies, when we get sprung, lets get back at these dirty cops!Applying
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  • Fall '16
  • Morgan Loew

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