Question
You're Fox Blitzer and you cover the pentagon for CTNN, a cable news network. On Oct. 13, recently retired Gen. Georgia S. Patton call you
You're Fox Blitzer and you cover the pentagon for CTNN, a cable news network. On Oct. 13, recently retired Gen. Georgia S. Patton call you and said she had a big scoop to deliver.
Patton told you that president Ronald Clinton Bush and his chief of staffs planned to bomb alleged terrorists sites in Sudafghanistan, a small central-Asian nation, on Oct. 16th in retaliation for a recent bombing of U.S. embassies.
The general said she was disclosing the top-secret info because she harbors grave doubts about the Prez's true motive for the bombing. She said there was some discussion between the Prez and his top aides about using the bombing to divert the public's attention from rumors that the Prez and U.S. Senator from California Barbara Streisand were having an affair.
The general tells you that she doesn't have documents to support her claim about the affair.
But she has copies of top-secret documents to support her other fearthat the bombing mission is targeting several factories that do not produce weapons and at least one village that does not harbor terrorists. Innocent civilians will be killed, she argues, if the mission goes as planned.
It's the morning of Oct. 14th and CTNN plans to air your story with Pattons allegations. (She won't be identified.) But the network gets a call from Atty. Gen. Las Vegas. She talks to the editor-in-chief Martha Pinchon and CTNN's lawyer Perry Mason. Here is what she says:
"We have learned that Patton has stolen classified documents which you plan to use in a news story about a secret mission. We will go to court to get an injunction to prevent you from airing the story.
"What's wrong with you people? Youll be traitors, if you air the story before the mission. You will likely jeopardize the lives of our soldiers and secret agents in Sudafghanistan. You will undermine sensitive relations with the Sudafghanistan freedom fighters. You will make it exceedingly difficult for us to conduct our anti-terrorists operations.
"It is hardly believable that the highly regarded CTNN would fail to perform one of the basic and simple duties of every citizen with respect to the discovery or possession of stolen property or secret government documents.
We can stop you from publishing. And, if you run the story, we will prosecute you under Espionage Act (18 U.S.C. 793) which provides that whoever 'having unauthorized possession of, access to, or control over any document, writingrelating to the national defenseor information, the possessor has reason to believe could be used to the injury of the U.S. or to the advantage of any foreign nation' You get my drift."
2. [5 points] Copy and paste language from the hypothetical above that mirrors or echoes language from Near v. Minnesota (1931) and copy & paste that language from Near v. Minnesota.
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