April 29, 2005

Subsitute Exam Question

by PG

Now that Prof. Volokh has given away an answer to one fact situation that could have gone on his free speech exam, I offer another possibility, ripped straight from the Conspiracy headlines and my moot court issue (though coming a little too late for his deadline even if he wanted to use it):

"Do Arianna Huffington and Belle de Jour have a cause of action from the Guardian's false claims of having gotten 'previews' of their forthcoming works?"

Answers would have to explain why the Guardian satires should be legally recognized as such, considering that they lack the kind of "parody, not to be taken seriously" notice that Hustler appended to its Falwell advert. Answers that addressed whether the Volokh Conspiracy might have any share in the liability for further presenting the satire as fact would get extra points.

April 29, 2005 02:22 AM | TrackBack
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