Irst Amendment Hypothetical (LAW & ETHICS OF DIGITAL MEDIA)

Blogger Fred White wrote extensively about gun rights/control in his blog a?357.a? In one post about the court challenge of a Philadelphia handgun ban, White condemned a judgeas decision to uphold the ban by writing, a?this judge should be killeda? and a?the judgeas blood is a tiny price to pay to guarantee freedom for all.a? White also included in several blog posts a map of the judgeas home, a map of the courthouse where the judge worked, and a photograph of the judge.
White is arrested and charged with transmitting threats. White disputes the governmentas case, claiming that the First Amendment guarantees him freedom of expression. The government argues that the First Amendment does not protect a?true threats.a?

1. Discuss the legal issues relevant in the case against White.
2. Will White be successful using his First Amendment rights in his
defense? Why or why not?

This will be graded on the following criteria:
a? Answering the question: have you addressed the questions thoroughly and
a? Clear articulation of legal principles/application of relevant class material.
(Are course concepts and readings deployed when they are relevant? When course concepts and readings are included, are they used correctly? Does the use of course concepts and readings demonstrate that the writer understands them?)
a? Clarity of thought: is your use of evidence clearly expressed?
a? Organization: is your answer logically and clearly presented?
a? Thoroughness of analysis: is your answer complete and have you considered
the supporting evidence acutely rather than providing a superficial analysis?
a? General grammatical correctness: is your answer free of spelling and
grammatical and syntactical errors that may obscure clarity? Are sentences well formed? Are words chosen carefully?)