Question
Peter Protester is itching for some action. He's a pretty well-known demonstrator. But he's been stuck at home during the pandemic, watching other protesters across
Peter Protester is itching for some action. He's a pretty well-known demonstrator. But he's been stuck at home during the pandemic, watching other protesters across the country. He wants to get in on the excitement. He gathers some of his friends, including two guys he knows who like to get violent. They all march down to the sidewalk in front of the federal building in downtown Phoenix and start picketing President Joe Biden's immigration policy. They stay on the sidewalk.
Phoenix Police show up and start arresting the protesters, accusing them of trespassing. Peter sees what is happening, then yells, "This is illegal! Get 'em, boys!" At that point, the two protesters, who have histories of violence, rush the police officers and attempt to tackle them.
Rupert Reporter is sitting at his desk in the Arizona Independence Newspaper newsroom, when the Mayor of Phoenix calls him and says that he should do story about Peter Protester's background. The Mayor agrees to go on the record and say that Peter is protesting immigration because he's actually in this country illegally. He's really a citizen of Norway and he's worried about getting deported.
Rupert thinks this is a pretty newsworthy follow-up to the story on the arrests, which one of his colleagues is reporting. Rupert can't get ahold of Peter, because he's in jail. But he does reach the attorney who has represented Peter in the past. The attorney says, "Your information is wrong. Peter is a US citizen."
Rupert writes and the paper publishes a story that night, which contains the mayor's accusations against Peter and the lawyer's statement. But it turns out that the Mayor was wrong and was intentionally giving false information about Peter because he doesn't like protests in his city.
Now US Customs and Border Protection investigators show up at the newspaper building and demand to get Rupert's notes from his phone interview with the mayor. They say they are investigating whether the mayor has been trying to frame other people, accusing them of being here illegally. They say they need the notes to bolster their case against the mayor for violating a specific federal law which prohibits what the mayor is doing. Rupert's notes are not actually critical to their case, but the agents want them anyway.
Two days later, Peter is released from jail and placed on home arrest while he awaits trial. Rupert wants to get a photo of Peter to accompany a follow-up story. He doesn't see Peter from the sidewalk in front of Peter's home, but he can hear him doing something in the back yard. Rupert asks Peter's neighbor if he can go into his backyard to try to get a photo of Peter. The neighbor is a Biden supporter and is angry at Peter for the protest, so he says yes. Peter has a 10-foot wall around his back yard. But Rupert climbs the neighbor's tree and is able to see over the wall. Peter is sunbathing in a speedo next to his pool. Rupert snaps some photos, then leaves.
- Would the arrest of the protesters for trespassing result in a successful prosecution? Why or why not? (You do not need to use IRAC here. Just explain your answer.)
- What charge would prosecutors likely file against Peter for the words he yelled during the arrests? Would that prosecution succeed? Why or why not? (Answer this question using IRAC)
- If Peter sues Rupert for publishing the news story about him being in the US illegally, which two lawsuits would he likely file? And would they be successful? Why or why not? (Answer this question using separate IRACs for each lawsuit)
- Will Rupert be forced to give the Customs agents his notes? Why or why not? (Answer this question using IRAC)
- What lawsuit would Peter likely file against Rupert for taking the photo of him in a speedo? Would that lawsuit succeed? Why or why not? (Answer this question using IRAC)
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