5. A federal statute makes it a felony “for any person to wh…
5. A federal statute makes it a felony “for any person to whom any federal tax return or return information is disclosed without authorization willfully to print or publish in any manner not provided by law any such return or return information.” A journalist receives from an anonymous source the old tax returns of a prominent politician who has refused to make her tax returns public. The journalist turns the tax returns over to other news organizations, which make them public. The politician acknowledges that the tax returns are hers, but she objects to their publication. The government seeks to punish the news organizations, and the news organizations raise a facial challenge to the federal statute. How should the court rule?
Read Details22. On June 10, 2021, a Syrian refugee by the name of Mohamm…
22. On June 10, 2021, a Syrian refugee by the name of Mohammad al Abboud dived at a man named John Howard who was attempting to assassinate President Biden, saving the President’s life. Al Abboud asked the press not to print his name. Not only did the press ignore his plea, but the headlines the next morning read “Muslim Syrian Refugee Saves Biden’s Life.” Al Abboud wishes to bring a libel action against the press since he is not a practicing Muslim. He claims that he can show actual harm in the form of anti-Muslim harassment than he and his family have faced as a result of the press having identified him as a Muslim. Assume that for purposes of First Amendment analysis of the state’s libel provision, al Abboud will be considered a private individual and this event will be considered a matter of public concern. What standard of liability must al Abboud meet in order for his suit to meet First Amendment standards:
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