Question
Peter Protester arrives at a Phoenix City Council meeting, wearing a jacket with writing on the back that reads, F**k the Tax Man. Peter is
Peter Protester arrives at a Phoenix City Council meeting, wearing a jacket with writing on the back that reads, "F**k the Tax Man." Peter is protesting a new city policy that creates a surcharge on potato chips, which are Peter's favorite snack food.
Peter walks into the city council meeting and before he even sits down, the Mayor stops and says, "Sir, you are to remove that vile jacket immediately, or we will have you arrested for disorderly conduct."
Peter refuses to remove the coat, and the police officers in the meeting arrest Peter. Peter is escorted in handcuffs out the front door. On his way to a waiting police cruiser, he passes Little
Sally Schoolgirl, on the public sidewalk. She is 8 years old and on a field trip with her grandmother to look at City Hall.
Peter makes eye contact with Little Sally and yells, "Little girl! This could happen to you too if you love potato chips!" Little Sally starts crying and begins wetting the bed shortly afterward. She stops eating potato chips and her parents take her to therapy.
Robbie Reporter is at his desk at the KPHO newsroom, when he receives a tip. The tipster tells him Peter Protester might be in a bad mood because he and his wife are separated. Robbie thinks this might make a good follow-up to explain Peter's incident at City Hall.
Robbie goes to the Courthouse and pulls Peter's divorce filing. It states that Peter's wife caught an S-T-D while cheating on him. Robbie reports a story based on the divorce filing, including the information about the STD and the cheating wife.
1. If the disorderly conduct charge is based solely on the writing on Peter's jacket, will the prosecution succeed or fail? Why or why not?
2. If Little Sally Schoolgirl files a lawsuit for intentional infliction of emotional distress, will it succeed? Why or why not?
3. What lawsuit would Peter likely file against Robbie? Will that lawsuit succeed or fail? Why or why not?
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