Assignment 4

Client's Facts

The client is a local public library that has recently decided to allow an anonymous Internet browsing network called Sepositus to use its servers. Sepositus allows people to communicate anonymously. It relies on layers of computers all over the world to hide the identity of its users. It is essentially a web browser.

Because the library is a local public library, the city council approves the budget of the library. The city council warned the library that if it allowed Sepositus to use its servers, the city would revoke the portion of the library's budget that went to its computer network system, which includes the servers that house the library catalog, patron records (like checkout records and overdue fine records), and allow access to e-books, as well as the computers used by patrons to search the library catalog, and use the Internet at computers housed at the library. After the library's Sepositus node went live the city council held a special session and revoked the portion of the budget that went to the library's computer network system. The library claims the action violates its rights to intellectual freedom, freedom to read, and privacy rights. The library believes intellectual freedom and freedom of communication is essential to maintaining a democracy.

The law firm handles cases involving the violation of constitutional and privacy rights.

Assignment: The researcher is assigned the task of identifying and analyzing the possible causes of action that the client may have against the city council.

1. Discuss and describe in detail the steps you should follow when conducting the legal analysis.
2. Assume there are possible causes of action based on freedom of speech under the First Amendment and equal protection under the Fourteenth Amendment. For each issue, describe in detail each step of the analytical process.
3. Discuss factors that may possibly affect a researcher's objectivity and how those factors could affect the legal analysis of the problem.