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25 December, 09:46

6. Nancy is a writer for a well-known city newspaper. She is writing an article about one of the Congressional candidates. Having a strong personal dislike for the candidate and wanting to sensationalize her article, Nancy decides to make up a story about the candidate having an extramarital affair, which would cast him in a bad light with voters. Is this situation Constitutional?

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  1. 25 December, 10:04
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    This situation is consider Constitucional, because it falls under the 1st Amendment, the one that states freedom of the press.

    Explanation:

    The United States Constitution has a strong law in favor of freedom of the press. This law supposedly protects even the sources of the press, this mean that journalist for instance have the right to keep their sources privetly. In this case Nancy can published the story without reaviling the source, and the law would still protect her.
  2. 25 December, 12:44
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    Answer: The situation is unconstitutional because it is defamation or libel

    Explanation: The freedom of the press is guaranteed by the First Amendment of the American Constitution, which regulates all the rights and obligations of the media, including the press. This means that everyone has the right to freely report and write, and freely express their opinions without censorship. However, there are some limitations when it comes to press freedom. There are, among other things, the extent to which the journalist, i. e the writer of the article, can secure the protection of a confidential source, then also indecency. In this our case it is defamation which, when it comes to defamation in the press, calls libel. If Nancy wanted to make up a story about a politician she personally dislikes, then it is defamation. The First Amendment also does not guarantee the journalist the right to interfere personal feelings about the politician with professional writing in the newspaper. This means that if Nancy made up the story of a politician without real evidence of any wrongdoing, then it was defamation in the newspaper, therefore, libel.
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