Chapter 38 Problems

Problem 38.3
A state law made it crime to publish the name of any youth charged as a juvenile offender. A newspaper published an article containing the name of a juvenile charged with the murder of another youth. The newspaper learned the name of the arrested youth by listening to the police radio and by talking to several witnesses to the crime.
a. What is the state�s interest in having and enforcing this law?
b. What is the newspaper�s interest in publishing the juvenile�s name?
c. How should the conflict be resolved?

Problem 38.4
Rumors about the federal prison had circulated for years. Former prisoners claimed that rape, suicide, murder, and mistreatment were all common occurrences. The warden denied the allegations but refused to provide any information about the prison conditions.
A newspaper asked permission to inspect the prison and interview the prisoners, but the warden denied the request. The newspaper than asked the federal government for information about the prison. The newspaper asked for a list of inmates and for information about anyone who had died or been injured while in custody. The government refused to provide any information.
The newspaper then did two things. It filled suit seeking admission to te prison, and it filled a Freedom of Information Act request for information about the prison.
a. How would you decide this lawsuit? Explain
b. What are the newspapers rights under the Freedom of Information Act? How would you decide its request for information?
c. What rights or interest does the prison administration have in this case?
d. Draft a letter to the government (Federal Bureau of Prisons) seeking information under the FOIA
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