Question 4 A former midlevel civilian employee of the U.S. Army has leaked the classified plans and photos of the newest Army top-secret weapon - the "Stank" (a combination tank and amphibious sail plane). He provided the information to the newspaper you represent and to a respected British military journal. His stated reason is to alert the public to poor construction and bad planning ("This thing will never fly"), although your newspaper's editor authorized a payment of $5,000 for the information and the British journal has promised him a job as assistant editor. There is no allegation or suggestion that the former employee is a spy or a foreign agent. Your newspaper began publishing today, and the newspaper promises a seven-part series yet to come. The newspaper only did so, however, after seeking and getting confirmation of the information from another well-placed official who corroborated the data and provided additional material about a covered-up classified test indicating the weapon performs badly. This second source was quoted anonymously in the newspaper's story and evidently was promised complete confidentiality. Assume the Justice Department is seeking a temporary restraining order to prevent further publication by your newspaper. The government attorneys can read just like you can (that means they've all read the so-called "Pentagon Papers" case). Tell me exactly what they will argue, what cases and laws they will cite (why and how), and how they will counter your arguments. Then do the same for your side. Based on your reasoned analysis, predict a winner. (Limit five pages) Question 5 In Abrams, Mr. Justice Holmes analogizes a "marketplace of ideas" to the free marketplace of goods and services. Of course, the justice was analogizing to the kind of early 70* r'nnfnrv mnripl n'F an unrpcfrninprihvdntipmmnnf maria-2f uriw urhir'h hp umc familiar