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Read through the following hypothetical scenario about a possible libel claim. Go through each element of libel, and analyze whether there could be problems if you were to publish this material. A correct answer will need to define and describe each element of libel and how each applies to this case. You’ll also need to include a general statement evaluating whether you would publish this based on the analysis/application of each element. ——– You are the editorial page editor for a small-town daily newspaper. One afternoon during the political campaign season, you are visited by three members of a citizens group called People Opposed to Scandal and Soft Enforcement (POSSE). The group, composed of business leaders, educators, political activists and others concerned about crime, is opposing the reelection of local sheriff Angelo “Jake” DiPunto. The POSSE leaders ask that you run a guest column from the group that reads: Enough already! Our community is one of history, pride and decent people. But crime is taking that away from us. Violence, theft, drugs – crime has become an insidious cancer in our neighborhoods, and it’s time to fight back! You can begin on Election Day by saying NO to another term for one of America’s most vile and backward sheriffs, Jake DiPunto. At a time when we need leadership in law enforcement, we instead have a lazy, pathetic slob for a sheriff. He’s had eight years to prove himself, but all he has proven is that he’s more like a spineless politician than a leader for justice. How long will he keep looking the other way? The evidence makes us wonder: Is he taking bribes? Join with the citizens of POSSE in voting out this sleazy man who himself may soon be indicted for crimes. POSSE is an aggressive and outspoken organization, but also a reputable one, and you would run the column with clear attribution and byline to the group and its leaders. However, your own newspaper’s reporters say they don’t think the sheriff has ever been investigated for criminal activity, and you don’t think the sheriff is a slob.  Scenario adapted from: Zelezny, J.D. (2001). Communication Law: Liberties, restraints, and the modern media. Belmont, CA: Wadsworth.

Explain the differences between “negligence” and “actual malice” in a libel suit. Define each term (within the context of communications law/libel, of course). When/with what kind of plaintiff would each legal standard be used?

The university decides to back off on its regulation of on-campus protests (mentioned in the previous two questions). You no longer have to get approval of the topic or message, but there are some regulations. The policy states, for example, that you cannot protest in academic buildings when classes are in session or in the middle of the night near on-campus residences. Is this constitutional? Why or why not? Be sure to mention appropriate legal reasoning the university might use to justify its actions.

After New York Times v. United States (1971), is prior restraint of media ever possible in the United States? Answer the question, providing a justification for your answer as well as a brief summary of the facts of the case and its key precedent.

Franny Foto if a photojournalist for Snap magazine. One day she is walking through the grocery store, during her weekly shopping trip. Franny sees a door marked “Breakroom—Private—Employees Only.” She glances around to be sure no one is watching, opens the door marked “Private” and quickly takes a picture of a person on their break, feet up on a table, reading a copy of Snap magazine. Franny then quickly leaves the store. The magazine prints the photo in its next issue in an ad for the magazine itself. Under the picture in the ad are the words, “Take a break with Snap magazine.” The person in the picture, Ms. Jones, wants to sue for intrusion. Discuss the important elements of intrusion that Ms. Jones would have to prove and discuss any appropriate defenses. Explain why you think Ms. Jones or Snap magazine would win. 

Order:  Methylprednisolone 75 mg IV once daily for 1 week. The available vial label is below: How many mL will the nurse draw up in the syringe for the ordered dose? Round to the nearest tenth. Enter numeric value only.

The provider has ordered Dopamine IV infusion at [x] mcg/kg/min. The patient weighs [w] kg.   Available: Dopamine 400 mg/250 mL of D5W.   What rate in mL/hr should the nurse set the pump? Round to the nearest tenth as appropriate. Enter numeric value only.

The provider orders regular insulin IV drip at [u] units/hr.   The medication is provided as 100 units/250 mL of NS.   What rate in mL/hr should the nurse set the pump? Round to the nearest tenth as appropriate. Enter numeric value only.

Order: Lidocaine infusion at 40 mL/hr.   Available: Lidocaine 2 gm/500 mL of D5W.   How many mg/hr is the patient currently receiving? Round to the nearest tenth as appropriate. Enter numeric value only.

The prescriber orders Acetaminophen (Tylenol) elixir orally 15mg/kg/dose every 4 hours for fever >101 F.  The child weighs [w] lb.  On hand is Acetaminophen elixir 160mg/5mL.   How many mL will be the nurse administer in an oral syringe? Round to the nearest hundredth as appropriate. Enter numeric value only.