Please read the following fact pattern, then answer the questions found below. Number your answers. Make sure you read the entire question and answer the question that is asked

Your objective is to identify the legal issue, write out the correct legal rule or test - verbatim from the text, apply the facts to the rule, identify a defense if it is applicable, then come to your conclusion. IRAC - Issue, Rule, Analysis, Conclusion. You will be graded on whether you adhere to the above formula, while applying the correct rule, analysis and coming to the correct conclusion. You get no points for an answer that identifies the incorrect rule or does not include all elements of the correct rule.

Pay attention to detail.

Fact Pattern:

Sidewalk Preacher is having a bad week. Actually, he's had a bad past ten years. You see, at one time, Preacher presided over a megachurch in Texas, which broadcast his Sunday sermons over 15 states. But a scandal took him down and caused him to be removed from the church. Now he spends his days pacing back and forth on the sidewalk in downtown Phoenix, preaching an apocalyptic version of the word of God.

On Tuesday at 2pm, Tommy Troublemaker is walking down the sidewalk and spots Preacher, preaching his truth. Tommy marches up to preacher and says, "Go sell crazy somewhere else, you loonie-tune!"

Preacher responds by grabbing his iron cross, which is about 12 inches long, lifting it over Tommy's head and yelling, "I'm going to crack open your skull, you little punk!"

A Phoenix police officer happens to be within earshot and tackles Preacher, then arrests him.

While he's in jail, the prosecutor charges him with violating a city noise ordinance, which states that religious preaching is only allowed in the downtown area between 11am and 1pm during weekdays. During the weekend, there is no time limit. Apparently, the city had seen a big increase in preaching on the sidewalks and this was the city council's effort to cut down on the nuisance.

Rickie Reporter is sitting at his desk in the KTVK-TV newsroom, when the phone rings. He automatically records the call without notifying the caller. It's a police source of his, who tells him about what happened between Preacher and Troublemaker. And the source says, "This preacher has quite a background. You may want to call Houston PD and get his rap-sheet."

Rickie calls Houston PD and requests any police report that involves Sidewalk Preacher. Two hours later, a 40-pages police report is emailed to Rickie. The first five pages include accusations against Preacher for embezzling money from his church. Rickie includes the following statement from the police report, in his news story, which airs on TV at 10pm that night:

"Sidewalk Preacher repeatedly took money from the donation bin for use on alcohol and strippers."

What Rickie did not know, because he did not read the entire report, is that the final five pages of that police report conclude that Preacher did none of the things he was accused of. It was the result of a rival pastor making false accusations against Preacher. Rickie tries to reach out to Preacher, but because he is behind bars, Rickie is unable to reach him before the story airs.

Finally, Tammy Tshirtmaker gets wind of the brewing scandal, and uses a photo of Preacher that she had taken a few days before, when she happened to be in downtown Phoenix taking photos. She creates some T-shirts that have Preacher's likeness, with the phrase, "Don't mess with The Preacher!" written across the top. Preacher's face is clearly recognizable on the T-shirts. Tammy makes a lot of money selling those T-shirts.

1. What charge would police or prosecutors file against Sidewalk Preacher for his encounter with Tommy Troublemaker, and would the prosecution be successful?

2. Is the city noise ordinance constitutional? Why or why not?

3. Could Rickie face any legal consequences for recording the phone call from the police source? What if he uses some of the recording in his TV news story? (You do not need to use IRAC here. Just answer the questions and explain why.)

4. What two lawsuits would Sidewalk Preacher likely file against Rickie and would the be successful? Why or why not?

5. What lawsuit could Sidewalk Preacher file against Tammy Tshirtmaker and would that suit be successful? Why or why not?