Pema Lama

WHAT WOULD YOU DO?

1. You are a young, recently graduated attorney working part-time as part of the re-election campaign team for your midsized city’s mayor. Several citizens have taken to writing strongly worded letters to the local newspaper voicing their displeasure with your candidate’s actions in his initial term as mayor. The campaign manager has suggested that you file at least three defamation lawsuits against the most vocal complainers as a warning to others of what they can expect if they are too vocal in their disagreement with the mayor. The goal is to intimidate others who might be inclined to write negative letters to the newspaper. How would you respond to this suggestion?

First I will do research about the history city mayor. I would try to learn all the positive and negative action or work he did during his initial term as mayor. If I found the mayor did really good work for the welfare of the people during his initial term, then I would accept the campaign manager order to file defamation lawsuit against the complainers since complainers are lying and our supreme court ruled defamation as not protected by the first Amendment of our constitution. However, if I found out the mayor did terrible work for the welfare of people during his initial term, then I would try to protect those complainers by discussing with campaign manager about their right to freedom of speech.

 

2. A former high school classmate of yours who moved to China emails you that he has been offered a part-time job monitoring a Chinese Web site and posting comments favor- able to the government. How would you respond?

I would tell him the work you are doing is not ethical. I would explain him about the consequences of posting only positive comment and its effect to the general people. I cannot force him to quit job immediately. So I would suggest him not to involve in those kind of activity by explaining in detail about the negative effect of his action to the millions of people.

CASES: 1

WikiLeaks Continues to Post Classified Materials

Discussion Questions

1. How does the First Amendment protect WikiLeaks from prosecution?

The first amendment protect WikiLeaks from prosecution by guarantees citizen freedom of the press and freedom of speech. It means to prevent the government from interfering with the distribution of information and opinions.

2. Is WikiLeaks justified in releasing Syrian government emails? Is this different from posting classified U.S. documents?

I think it is justified to released Syrian government emails by WikiLeaks. It is because in Syria there is civil war going on and number of innocent people are dying there. If emails show who else is supporting the Syrian government to kill innocent people behind the close door, then it acceptable to take out the truth. However, it is not justified to release personal email by WikiLeaks.

No, it is not different from posting classified US documents because WikiLeaks released those document that is real and occurred before.

3. What limits, if any, should be placed on WikiLeaks’ right to post government or corporate secrets?

It should not allow to release the name of the person or any individual whose identity could be exposed and can be threat on his/her life. They should not allow to post information about personal government employees or any other personal information. They should limit to post on secret government future plan and policy.

 

CASES: 2

Facebook, Freedom of Speech, Defamation and Cyberbullying

Discussion Questions

1. Why is Facebook protected from liability for content posted by third parties? Do you think that Facebook and other social network providers should be protected from liability for what their members post? Why or why not?

Social media is really powerful tools to share information, which is easy to use and less cost for users to distribute information. Since there are more than billion people users worldwide, it is extremely difficult or almost impossible for Facebook to track what their user post. Therefore, all website including Facebook are protected from liability for content posted by third parties.

I think it is fair to Facebook and other social network providers to be protected from liability for what their member post. It is because most of the social network has millions of users and it is extremely difficult to track and check what their member post. If Social media refused to remove or fail to take action after user member complaint about the member post then they should not be protected. Otherwise, it is acceptable to protected from liability for what their member post.

2. How is a student’s freedom of speech restricted on social media sites such as Facebook?

Most of the school and colleges suspend or restricted student from attending class if he/she involve in posting negative comments about the school and its staff. The popularity of social media has gradually increased. The effect of sharing information or posting in social media is so powerful that it leaves no choice for authority but to take action for those involve, which restricted the student freedom of speech on social media. Student freedom of speech is restricted on social media in different ways. If student post or criticize something that is against the school, the student is likely to face suspended. If student post something that is against the teacher, he or she may be the victim of teacher. That is why student fear to post criticize against the school or teacher in social media despite they know that our constitution protects the freedom of speech.

3. Should Taylor Wynn and McKenzie Barker have been prosecuted despite the victim’s attitude that the teasing would pass? How should cyberbullying laws be implemented?

Yes, Taylor Wynn and McKenzie Barker should prosecute despite the victim’s attitude that the teasing would pass, because our law “Jeffrey Johnston Stand Up for All Students Act” prohibits the teasing, stalking, sexual harassment of any public school student or employee on or offline. We have cases of student committed suicide because of teasing at school and online.

Cyberbullying laws should be implemented on any people whose intention is to bully other. The law should protect any people from being the victim of bullying by other people through on and off online. It should not only limit to school and colleges, but should also involves more places and organization where there is chances of bullying.