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Comm 120 Finals Emerson S. Bañez

1st Semester, AY 2010-11

Instructions

1. This exam will be released on October 15, 2010 at 5:00 PM. It is

due on October 16, 2010, on or before 5:00 PM. So that we can
have a common (and accurate) time-keeping system, set your
clocks according to the standard time in
http://www.worldtimeserver.com/current_time_in_PH.aspx?city=Manila

2. Late submissions will be penalized (by reduction from total

examination score) in proportion to the extent of tardiness (minus
10 points for every hour late).
3. Encode your answers in a .doc file (DO NOT use the .docx
format). Format is twelve-point Times New Roman, single space.
Save the file as Comm120Finals_YourFullName.doc
4. Submit your exams by sending an email to
emerson_banez@yahoo.com, with the encoded answers attached. Use
your own email account when you submit your exam. DO NOT
POST YOUR EXAM IN THE E-GROUP!
5. The exam is designed to test your ability to 1) identify the relevant
mass media law issues from the facts and 2) based on those issues,
craft the necessary arguments using legal principles discussed in
class and/or are present in the readings. READ CAREFULLY.
6. As this is a take-home exam, I am relying partly on your sense of
honor. The ultimate consequence of cheating is that you will be
shortchanging yourself.
7. Relax.
8. Good luck, and argue well!
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The First Case

Remir is a 3rd-year college student in the College of Mass

Communications. He embodies what George Carlin would describe as the
“alpha male jack-off”: big man on campus, varsity basketball team, and
member of the notorious Theta Phi Kappa fraternity.1 One day, he wore a
shirt with the following message:

GOD
HATES
FAGS

The Dean of the College, acting on reports of students, put Remir under
academic suspension, instructing the guards to deny him entry to the
College as long as he insists on wearing the shirt. The Dean maintained
that the message in Remir’s shirt was patently offensive to students and
faculty, and could seriously disrupt the conduct of classes.

Remir opposed his suspension, suing in court to overturn the Dean’s

decision and mandate the College to withdraw his suspension. He also
sought a declaration that the College had no right to prevent him from
                                                                                                               
1
The “Thetans” have racked up an interesting record with the Office of Student Affairs and Student
Disciplinary Tribunal over the last five years: Ninety percent of rumbles and instances of frat-related
violence involve member of their fraternity. They have pending administrative and criminal cases
involving hazing related deaths (two in the last three years), and murder, which involved a member of
the fraternity allegedly contracting with a gun-for-hire to shoot a member of a rival fraternity.
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wearing the shirt. The College defended its actions, citing a) academic
freedom and b) that it is not suppressing Remir’s message at all times,
just within the College during class hours.

1. As Remir’s lawyer, defend his actions and/or oppose the College. (20
points)

During the pendency of the case in court, Remir interrupted the project
presentation of Jon, a homosexual student (and one of the more vocal
opponents of Remir’s t-shirt message). Remir forced his way into the
classroom and held up a white board with the message: “DAMN ASO!”,
a la Carlos Celdran. Remir. also shouted: “Stop messing with my
freedom of expression! Enough with the pussification of this College!”
Humiliated, Jon attempted to kill himself days later.

2. Would the above circumstances change how the court should decide
the case? Discuss. (10 points)

The Second Case

While Remir’s case was pending, Julius, an openly homosexual student,

published a “Note” on his “Friendface” account. The Note was not made
accessible to the general public. Instead, it was shared with about a dozen
of his Friendface contacts. Part of the post read:

Let’s take some time to talk about this manly man, this preening, posing
macho man who recently made all that fuss about his freedom to offend
other people.
Methinks that Mister Big Guy doth protest too much. Rumor has it that all
this rage and homophobia is coming from a place you’d least expect. I have
it on good authority that Mister Big Guy is a big closet queen himself,
frequenting a popular gay bar in Quezon City and treating himself to a
seaweed facial every week.
…
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The Note was “liked” by several of Julius' Friendface contacts. Other

contacts posted their own comments that 1) agreed with Julius' assertion
that Remir was a closet homosexual and/or 2) offered other clues that
revealed Remir's sexual orientation.

Friendface is a local company with servers in Quezon City. Julius wrote

and posted the Note while he was in Pasig City. Remir lives and first saw
the Note in Cainta.

Eventually, Remir got wind of the Note and sued Julius for libel.

3. Is Julius guilty of libel? Explain. (20 points)

4. Where can Remir file the libel case? Explain. (10 points)

5. Can Remir sue those who “Liked” Julius’ post? How about those who
made comments that agreed with the revelation or offered additional
evidence? Explain. (10 points)

The Third Case

While the libel case was pending in court, both Remir and Julius utilized
various media to present their positions to the public: They had live press-
conferences/interviews just outside the court. They also posted blog
posts, images and videos (“media works”).

Christian, an underground multimedia remix artist, created an interactive

online presentation of the issues by mashing together samples and
portions of Remir and Julius’ media works. He used Powerflash, a free
and popular “multimedia construction software” that makes it easier to rip
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and remix all types of media, create multimedia presentations, and

display the same in web browsers. 2

Julius sued Christian for copyright infringement.

6. Is Christian liable for copyright infringement? Explain. (15 points)

7. If Julius were to sue the creator of Powerflash for contributory

infringement, would the case prosper? Explain. (15 points)

The Fourth Case

As the case dragged on in court, Remir became increasingly frustrated by

the grind of litigation. In spite of his firm belief that he was championing
free speech, he was demonized by the university community, even
isolated from his “brods” once allegations concerning his sexual
orientation began to surface. Pushed to the edge, he held a fishball cart
hostage. The police botched the rescue operation: Remir and two of the
hostages were killed. It also appeared that the media may have
exacerbated the situation by giving Remir false promises, interviewing
Remir at a time when government negotiators were trying to contact him,
and revealing the location and disposition of the SWAT Team.3

Alarmed by these events, Congress contemplated the formation of a

constitutional convention to amend the Constitution (specifically, the Bill
of Rights), in order to “balance” freedom of speech with “responsibility”.

You have been invited to appear before the House Committee on

                                                                                                               
2
Powerflash is created and distributed by Kura Systems, a local corporation. As a
startup company, it has not yet posted profits from its product. Although the software
itself is free, Kura Systems plans to profit from the popularity of its products by being
able to remotely insert advertisements into all Powerflash presentations that are
uploaded to the web.
3
The fishball cart had a portable, battery-operated TV.
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Constitutional Amendments as an expert, to give Congress your advice

on the matter. It is common practice for those invited to testify before
congressional committees to first make an introductory speech giving a
general outline of their position on the matter to be discussed.

BONUS QUESTION: Write a short, introductory speech before the

committee on whether or not the amendments should be passed. (20
points)

END OF EXAM