Essay Problem
Part I
Pick 1 or 2 and write up to 650 words. Support your arguments and conclusions with relevant law, values, and cases.
1) How does the law of copyright in the United States seek to balance free expression with the property right embodied in copyright ownership - that is the balance between owning some works and the right to create new works or new expression, the right to comment, and the right to speak freely on matters of public importance?
OR
2) What is the actual malice standard in the law of defamation and how does it balance various competing interests under the First Amendment and in defamation law in the United States? Does it strike the right balance? Should it be changed? Why or why not? If yes, how?
Part II
You may remember a few of these characters from the last test. They are back. Blanca Dumbshell and her very wealthy, politically connected fourth husband, Jared Bagmanov, recently moved to Florida, purchasing a palatial waterfront estate on Star Island in the City of Miami Beach. Blanca is the daughter of Adolph J. Duckface, the now-deceased leader of the Nazi-American Party Against Leftist Maniacs (NAPALM for short). Duckface made his fortune producing and selling vast quantities of pornographic videos on the Internet. He also ran and frequented brothels of this is false and Blanca has demanded that Hillary take down those comments or face litigation. Hillary and Blanca's war of Internet words heated up recently when Blanca posted pictures and videos of Hillary, who has gained two hundred or more pounds and has not seen a gym in years. Hillary is shown sunbathing nude in Hillary's backyard with her girlfriend and partner (who can be heard talking about a strip poker game) and also alone on a public, clothing-optional beach. The photographs and videos appear to have been taken either by a drone or with a telephoto lens. On Blanca's most recent radio and cable talk show, she showed and described the videos and photos and several callers discussed how these photographs and videos show that Hillary is still in the closet, that her partner is probably a criminal and sadist, and that Hillary is not fit to eat at any McDonald's. Blanca now uses one of the photos framed by Golden Arches in an ad for her diet. Hillary responded by posting a pornographic video she said was made by Blanca while Blanca was in high school and under the Candy Stump pseudonym as well as 10 minutes of a more recent pornographic video featuring Blanca, Felania Duckface, and a Michelle Obama lookalike. Hillary labeled Blanca the "deranged daughter of a Nazi murderer and pedophile."
This recent video is owned by Either Extreme Videos in Chatsworth, California. Hillary has overdubbed the sound and added subtitles showing the three of them talking about how they are duping the followers of the McDonald's diet and making millions off these idiots. Blanca responded by posting a short JIBJAB-like cartoon showing Hillary raping teenagers, slitting their throats, and drinking their blood while wearing a Burger King Crown and eating a Burger King Whopper with extra cheese. Everyone is upset and hiring lawyers to threaten and file legal action. By everyone, I mean everyone, from Blanca to Hillary and the unnamed girlfriend to McDonald's and Burger King to Don's Dough, Felania, and even the real Michelle Obama. For example, Hillary has demanded time to reply to the allegations under the Fairness Doctrine and Equal time rule. The FCC is looking into the entire matter. Extreme Videos wants to sue for the use of its videotape. Several want to sue Google, Cheatcast, and WQQQ. There are more than a few criminal prosecutors looking at various postings. Even the estate of Duckface wants to sue. The only people not suing are Bagmanov and Felania who are blissfully engaged in a drug-fueled extra-marital affair and living happily in Mar-a-Lago, Florida. With reference to the topics, we have covered since the first test, identify the relevant issues and law and apply the law to the facts and issues.
The response must include a reference list. Using one-inch margins, double-space, Times New Roman 12 pnt font and APA style of writing and citations.