Critical Thinking Exercise: Legal Case Analysis Report

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Homework Assignment
AI Summary
This homework assignment presents a critical thinking exercise analyzing ten different legal cases. The cases cover a range of legal issues, including the First Amendment, right of publicity, defamation, and terrorist threats. The student provides answers to each case, summarizing the court's decisions and offering their agreement or disagreement with the judgments. Specific cases discussed involve Madden NFL, Tony Twist, Jonah Hex, qualified immunity, bloggers' freedom of speech, website defamation, gatekeeping processes, fraud related to climate change, terrorist threats, and libel laws. The assignment demonstrates an understanding of legal principles and the application of critical thinking skills in evaluating legal precedents and arguments.
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Running head- CRITICAL THINKING EXERCISE
Critical Thinking Exercise
Name of the Student
Name of the University
Author Note
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1Critical Thinking Exercise
Answer to 1
The case was brought in the Supreme Court. This case vetoed a First Amendment
guard to right of the publicity entitlements when the videogame of Madden NFL portrayed
professional football players devoid of their consent or approval. The professional football
involved in this cars was Angeles Rams. However the district court upon the rule stated that
might br similar. The EA’s mission was dismissed the ant slap transformation use.
Answer to 2
The Missouri Court of Appeals in St. Louis upheld a judgment in contradiction of the
artist and stated that the first amendment did not protect his speech as they were the violation
of the publicity rights of a professional player. The court determined with the word “twist”
that the purpose of the name “Tony Twist” was to sell the products and not to make a
comment about twisting the hockey players. I agree with the judgment of the court as this
was a sheer violation of the Publicity rights of the hockey players.
Answer to 3
Jonah Hex is a comic book about a Civil War warrior that was issued by the DC
comics. In the year 1995, Timothy Truman and Sam Glanzman announced a wicked duo
named Edgar Autumn and Jhonny. The Winter Brothers sued DC upon the fact that the
creation by them violated the right to publicity. The argument was such that the character was
portrayed as a person having no moral and ethical sense. The case went on for eight years,
and then the California supreme court gave their judgment in favour of DC upon the grounds
of First amendment.
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2Critical Thinking Exercise
Answer to 4
The court held that the claim against the Sherriff was restricted by the doctrine of
Qualified immunity as in the prior scenario the Sheriff had enough knowledge to understand
the fact about the plaintiff’s dismissal in regards to the breach of Loyalty (Wolff, 2014).
Finally the court held that the claims for the reinstatement did not bar the future relief and
remanded it further to the district court to proceed the trial for the reinstatements but
confirmed the discharge of all other claims (Stein, 2014).
Answer to 5
The Bloggers are entitled to be treated under the same standards for the freedom of
speech as a journalist. The Federal district court gave the decision, Ninth Circuit suggested
that the rights ensured to the journalists under the First Amendment does not depend on the
fact that the defendant was a skilled journalist or affiliated with traditional ethics or in turn
tried both scenarios (Linquist et al, 2015). The speech of the bloggers should not be
restricted, and they too have the right of the freedom of speech, and in no ways, they should
be deprived of such rights.
Answer to 6
As per the claims of the website owner is liable for defamation as per the facts the
website used to post nasty comments and images that hampered the dignity of one person and
defamed him in a web platform where the allegations are visible. As per the rights guaranteed
under the First Amendment, nobody has a right to question someone’s else dignity, and in
this case, the dignity of the person was effected due to such comments and such platform. So
as a result, it was the responsibility of the owner for the verification.
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3Critical Thinking Exercise
Answer to 7
The two types of gatekeeping processes includes editorially based gatekeeping
processes and link based gatekeeping processes. The first type refers to the type of
information that is displayed on the screen of news and media website and the second type
refers to the core or the base of how the news or the website gets displayed on the screen
(Singer, 2014). The editorial based are the most widely used in order to find news in various
countries whereas the other type includes the news that become important part of the net
based news.
Answer to 8
The First Amedment did not applied in thes case. The reason that the First
Amendment did not applied was due to the fact that the climate change is real and as per the
targets they were committing fraud that was a violation of the First Amendment.The
investigations focused upon the fossil fuel companies where minimzing as well as
exaggeration both constitutes fraud.
Answer to 9
As per the U.S laws terrorist threats includes the commission of a crime or any kind
of violence that is caused to bodily injure or terrorize a person that will be the result of the
prescribed conduct. In the following case this incident will be an example of the terrorist
threats. As terrorist threats includes the inducement of feat in that person. In this case sending
dead pictures of animals can be interpreted as sending a threat to kill the judge or to scare him
by threatening him with the death images. Moreover the result would have been same in both
the scenarios and the only difference would have been upon the extent of sanction.
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4Critical Thinking Exercise
Answer to 10
It is not a good idea to change the libel laws in order to make it easier for the public
figures to sue in cases of defamation. The libel laws are already strong enough in order to
protect one’s individual interest. Libel generally arises from the false statement of a person or
about his reputation. So in order to be treated as libel the statements must be published.
Changes would result in the unreasonable behaviour of a person. So the libel laws should not
change.
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5Critical Thinking Exercise
Reference
Linquist, B. A., Anders, M. M., AdvientoBorbe, M. A. A., Chaney, R. L., Nalley, L. L., Da
Rosa, E. F., & Van Kessel, C. (2015). Reducing greenhouse gas emissions, water use,
and grain arsenic levels in rice systems. Global change biology, 21(1), 407-417.
Singer, J. B. (2014). User-generated visibility: Secondary gatekeeping in a shared media
space. New media & society, 16(1), 55-73.
Stein, B. C. (2014). A Bland Interpretation: Why a Facebook like Should Be Protected First
Amendment Speech. Seton Hall L. Rev., 44, i.
Wolff, M. A. (2014). Making Judge-Speak Clear Amidst the Babel of Lawspeakers. Mo. L.
Rev., 79, 1039.
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