期末考 1. Cohen was convicted of disturbing the peace by offensive conduct for wearing a jacjet bearing the words "Fuck the Draft", to express his feeling anginst Vietnam war. If you were Cohen's attorney, how could you defend for him? 2. Why the common law rule of deformatory liability, as applied to an action brought by a public official against critics of his official conduct to the press, abridges the freedom of the press? 3. Why the New York Times standard and the stirct common law rule can not apply against a newspaper that publishes defamatory faleshoods about a private individual? 4. Does the freedom of press protect the speech that discloses the content an illegally intercepted phone conversation about public concern in a radio talk show on air? 5. Why public figures may recover for the tort of intentional infliction of emotional distress only by an ad parody offensive to him which was made with actual malice? 6. why the picketing of hurtful speech took in place on public land 1,000 feet from the funeral, inflicting great pain on P, was protected by the freedom of speech? 7. Why "fighting word" must exclude from the scope of the First Amendment? Why the law applies only to "fighting words" on the basis of race, color, creed, religious or gender is unconstitutional? 8. Why burning of the registration certificates by O'brien was not protected by the freedom of speech? But burning of an American flag as a means of political protest by Johnson was protected? 9. Why the Supreme Court rejected the United States to enjoin the New York Times from publishing the contents of a classified materials on the grounds of national secrecy and national security? 10. Can the Freedom of press be read to grant to journalists refusing to appear before a grand jury investigating the criminal activities to disclose information obtained in the course of news gathering? 這次總共有13個case，不過最後考出11個而已， 不考的兩個case是Roth 跟Miller，在講obscenity的案件 雖然成績還沒出來，不過這學期絕大部分時間都會在這科上面 （如果你想要挑戰林世宗的話） 周遭很多一起修林世宗的人都認為考完這科就已經等於放假了 --

※ 發信站: 批踢踢實業坊(ptt.cc), 來自: 36.231.89.66 ※ 文章網址: https://webptt.com/m.aspx?n=bbs/SCU_LAWS/M.1484410814.A.53B.html