Assignment task: Please read the following fact pattern, then answer the questions found below. Number your answers. Make sure you read the entire question and answer the question that is asked. Your objective is to identify the legal issue, write out the correct legal rule or test - verbatim from the text, apply the facts to the rule, identify a defense if it is applicable, then come to your conclusion. IRAC - Issue, Rule, Analysis, Conclusion. You will be graded on whether you adhere to the above formula, while applying the correct rule, analysis and coming to the correct conclusion. You get no points for an answer that identifies the incorrect rule or does not include all elements of the correct rule. Pay attention to detail.
Fact Pattern:
Peter Protester is angry about the recent election. He thinks it was rigged, and he has spent the past three months communicating that to everyone who will listen. That includes making TV appearances and speaking at rallies.
On Monday, he shows up at an official public hearing at the Arizona State Legislature. Lawmakers are listening to experts and the general public talk about new election security measures, which are currently being considered in the legislature.
Peter shows up wearing a sweatshirt with the following statement written on the back in large letters: "screw the cheating politicians!"
Nobody pays much attention to Peter's jacket, but when it's his turn to address the lawmakers, Johnny Rep, who is the Speaker of the State House of Representatives, tells Peter to remove or cover his sweatshirt. Peter refuses. So Johnny orders the state police to arrest Peter for disturbing the peace, based on the offensive language on his sweatshirt.
As Peter is being led out of the legislative hearing, Johnny says to the rest of the audience, "It's no surprise Peter Protester is being arrested here. He has a long history of breaking the law during protests. He's even done prison time before."
Peter yells back, "You'd better hope I'm put away for a while, or I may pay you a visit."
The reality is that Peter has never been arrested for breaking any laws before, and has never done prison time. But Suzie Reporter, who is in the hearing, decides to write news story about what just happened. She includes the quote from Johnny, accusing Peter of breaking the law before and being in prison. Suzie does not try to contact Peter to get his reaction to the statement, nor does she run a background check on him to see if he has a criminal record before she publishes the story in the newspaper.
The events at the state legislature catch the attention of the FBI. Special Agent Jimmy Gman, who works in Phoenix, calls Suzie to see if she has any information about Peter, which she hasn't reported. The FBI is taking a look at notable protesters to see if they have broken federal laws in any way.
Unknown to Gman, Suzie records the phone conversation. She tells Gman she doesn't have any information to give him. But Gman doesn't believe her and demands that she turn over any notes she has about Peter.
1. Will the charge of disturbing the peace, based on the offensive language on Peter's sweatshirt, result in a conviction? Use IRAC here.
2. If Peter is charged with making a true threat against Johnny, will that prosecution succeed? Use IRAC here.
3. What two lawsuits would Peter most likely file against Suzie, and would they succeed? Use IRAC here.
4. Would Suzie face any criminal consequences for recording the phone conversation with Gman? Would there be any consequences if she worked for a television station, instead of a newspaper, and broadcast the recording on TV? Do not use IRAC for these two questions. Just write out your answers in a few sentences.
5. If Gman demands Suzie's notes about Peter, would he succeed in acquiring them? Why or why not? Use IRAC here.