BTMM 4252/8252

Legal and Ethical Issues in New Media

Hypothetical #1

Due Monday, February 11, 2008

Please answer the following questions about this hypothetical First Amendment case.

Temple University student Joe Smith broke up with his girlfriend and edited his MySpace page to vent his feelings about her and the breakup. His MySpace site included comments about “wishing she were dead” in addition to claims that he would “stalk her as necessary” and “hide under her bed with a knife and carve her up.” Smith’s MySpace page encourages others to “make sure she knows.” A friend of the ex-girlfriend sees Smith’s site and sends a message to Smith’s ex-girlfriend.

Smith is arrested and charged with transmitting threats. Smith disputes the government’s case, claiming that the First Amendment guarantees him freedom of expression. He also claims that the MySpace content was just a prank and that abusive messages are common online. The government argues that the First Amendment does not protect “true threats.”

1. Does Smith have a legitimate claim that he is protected under the First Amendment?

2. What legal issues are relevant in this case?

3. Will Smith be successful in his defense? Why or why not?

Please answer these questions in 2-4 pages. Remember, this assignment is worth 100 points and will be graded on the following criteria: answering the questions, clear articulation of legal principles, clarity of thought, organization, thoroughness of analysis, and grammatical and syntactical correctness.