Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
86. Is the court likely to grant the reporter's motion to dismiss?
The daughter sued the reporter in state court for breach of contract on the basis of generally applicable state contract law. The reporter has moved to dismiss the action solely on the ground that the daughter's lawsuit violates the freedom of the press clause of the First Amendment.
A reporter writing an article about a politician offered the politician's estranged daughter $10,000 for information about the politician. The daughter agreed and provided the reporter with the information he sought. Subsequently, the daughter's information appeared in a newspaper article by the reporter, but the reporter refused to pay the daughter.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
A is incorrect. It is irrelevant that the daughter is not a state actor. The requisite state action here is state contract law, from which the reporter seeks an exemption. The Supreme Court has consistently rejected such claims for exemption.
C is incorrect. The Supreme Court has consistently rejected claims that the freedom of the press protected by the First Amendment exempts press activities from laws of general application such as contract law.
D is incorrect. The action here is for breach of contract, so it is irrelevant that the politician is a public figure. It also is irrelevant whether the information was in the public domain.