Accompanying these instructions are three precedent cases: Cirelli v. Town of Johnston School District, Commonwealth v. Hyde, and Fordyce v. The city of Seattle. All three bear (in varying ways and to various degrees) on the hypothetical case outlined below. You should review these cases, and using them (including any dissenting opinions that you feel support your position on the hypothetical case), draft opinion as to how the hypothetical case should be decided consistent with the precedents. (The dissent in Hyde begins just after the end of the majority opinion, which concludes with the words “Judgments affirmed.”) Note that the precedent cases may conflict in various ways; it is up to you to decide how they should be used in a way that logically resolves the hypothetical case as consistently as possible with the precedents to the extent they are relevant and well-reasoned, which may mean following one or more of them, or diverging from one or more of them. Ultimately, this as an opportunity for you to demonstrate your understanding of how legal reasoning works in the context of disputed legal cases. The precedent cases address multiple legal issues; you should focus your use of them in resolving the hypothetical case only on those legal issues that are directly relevant to the hypothetical case.
There is no strict page limit or length requirement for this assignment, but 2-4 pages of single- spaced text (or the double-spaced equivalent) should be more than adequate in most cases to adequately address the issuesMilk v. Conkling
Simone Milk, a private citizen of Massachusetts, was walking in downtown Boston one evening when she saw several officers approach, confront, and ultimately arrest another person, Patrick Fong. During the arrest, Milk heard another bystander assert that the officers were hurting Fong. Concerned for Fong’s safety, Milk took out her cell phone and began recording video of the incident. When one of the arresting officers, Officer Conkling, saw this, he approached Milk and asked if the cell phone recording included the audio capability. Milk affirmed that it did, whereupon Officer Conkling arrested her and seized her phone for, among other things, violating Massachusetts General Law chapter 272, § 99 (C)(1), which prohibits as “wiretapping” the recording of an audio conversation without the permission of all parties to the conversation. All charges against Milk were ultimately dismissed by the Boston Municipal Court. The alleged violation of the wiretap law centrally at issue in the case was deemed not a crime by the dismissing trial judge because Milk was exercising her First Amendment rights by recording audio and video of an arrest in progress in public view. The judge did not further explain this conclusion.
Subsequent to the dismissal of the charges against her, Milk filed a lawsuit against Officer Conkling in federal court, alleging that he violated her federal constitutional rights in violation of a federal statute, 42 U.S.C. § 1983. The text of Section 1983 provides a cause of action, including for damages, against “every person” acting “under color” of state law who “subjects” a person to “the deprivation of any right” secured by the Constitution, including any First Amendment free speech rights, rights to petition the government, or other related rights. Officer Conkling moved to dismiss Ms. Milk’s lawsuit on the ground that it had not been established as a matter of relevant precedent that persons in Massachusetts and subject to its wiretapping law had a constitutional right to violate the state law when and if the recording in question involved officers engage in their public duties, citing Hyde. Ms. Milk, citing Cirelli and Fordyce among other cases, argued that it is well established as a matter of state and federal law that there is a First Amendment exception to Massachusetts’ wiretapping statute that kicks in when a person is recording matters of public interest, including arrests by law enforcement officers, provided that the officers are aware that they are in public and do not immediately object to the recording, and that moreover all recordings of public officials engaged in their public duties are matters of public interest, the recording of which is absolutely protected by the First Amendment.
Write an opinion using the case precedents provided that resolves the matter: was Milk’s action in filming the officers constitutionally protected even given the parameters of the Massachusetts statute? If so, then her Section 1983 claim can proceed. If not, it should be dismissed. Defend your views using the precedent cases and their holdings.
Position and Product go Tesco is the biggest basic food item retailer in the Republic of Ireland working 119 stores the nation over. The staple market in Ireland is included three unmistakable kinds of retailer: The market products – those retailers who work enormous grocery store chains, for example, Tesco Ireland, Dunnes Stores, Superquinn and Musgrave/SuperValu. The image gatherings – retailers who possess their store yet who exchange under a gathering name, for example, Spar. The autonomous retailers – the individuals who work their own outlets freely. (The Irish Times, 2000) Tesco is the pioneer of general store various segment just as the entire basic food item advertise. As a market head, Tesco has held its rate portion of the basic food item advertise at 26.1% contrasted with a similar period a year ago (Callanan, 2009). Their center retail business has extended to now incorporate apparel, family unit, amusement and other non-nourishment ranges. They additionally offer clients an online shopping for food administration, money related administrations items and petroleum retailing. They as of late entered the Irish versatile market with the dispatch of Tesco Mobile (Tesco Ireland Limited, 2008). In Carlow, Tesco work a general store offer clients a wide scope of nourishment items alongside a non-nourishment go. There are 7 other principle advertise players. be that as it may, Superquinn assumes a significant job in Carlow town. Furthermore, contrast and the presentation in nation wide, discounters Aldi and Lidl perform generally solid. It is difficult to tell the precise rates of piece of the pie in Carlow however it tends to be seen that essentially in accordance with their nation wide execution. Promoting Strategies Tesco Ireland set about building up a methodology dependent on a profound comprehension of the Irish shopper and the Irish commercial center. This included various exercises including: Understanding the requirements of the Irish Customer. Supporting nearby Irish items and makers at neighborhood and national level. Building up Tesco Ireland as a self-sufficient business, with its Dun Laoghaire Head Office creating basic leadership responsibility inside the gathering. Presentation of the Tesco Ireland brand character. Expanding Irish work in Tesco Ireland stores. Activities to pull in and hold clients, to create staff and to upgrade the corporate picture of Tesco in Ireland. Slow upgrades in the basic food item production network – a territory of specific fitness inside Tesco. (The Irish Times, 2000) Notwithstanding endeavors above, there are some advancement exercises that clients can see in Tesco of Carlow: Initial one is the presentation of the Tesco Ireland Club card. It is a faithfulness plan to remunerate clients' help and keep close correspondence with them. Clients gather focuses for cash back and get rebate with day by day buy. For Tesco, they gather purchasing data through club cards to construct a client database, with the goal that they could comprehend clients' needs and give right items and better help. Besides, 4 kinds of value frameworks: Advancement – Buy One Get One Free, 3 for 2, 2 for £5 and so on. Low value – a scope of items are in low value each day. Part cost – unique idea for individuals. Guarantee Lowest Price – give the most minimal cost to a scope of items here, if a client purchases an equal item less expensive in another store inside one mile of their store, they will discount the distinction in cost. Thirdly, to make their contributions less expensive, Tesco is driving their own brands. The best, Tesco Value, and Tesco standard are three sorts of possess names we can see, which both assurance low cost and as great quality as pioneer brands'. In addition, their Tesco value guarantee expresses that they won't be beaten on the cost of their Value Brand items. At long last, Tesco gives handouts at the passageway. There is a value list which contrasting the costs in Tesco and its primary rivals and pictures for low value items which plan to animate customers. Geographic and Customers Tesco of Carlow is set in the FairGreen strip mall in the focal point of the town with advantageous traffic and vehicle leaving. The town numbers around 20,000 individuals, 3,000 of whom are understudies. (Wikipedia, 2010) Tesco target clients who get center salary with small kids. Be that as it may, despite everything it targets different portions like these individuals who are progressively intrigued by the quality. So Tesco targets individuals who need something sensible as far as quality and cost also. In Carlow which is certifiably not a major spot, Tesco attempts to focus on all most all the potential focuses to give items and administration to residents however many as could be expected under the circumstances. Market outline Cheddar advertise audit Cheddar in Ireland is one of the most significant nourishments in their day by day life. The cheddar went for essential, wholesome, customary, accommodation, prepared suppers. Something else, cheddar is a high wellspring of immersed fat and wellbeing. In spite of the fact that the economy is downturn, the cheddar advertise in Ireland still has development, for the most part from the characteristic area as ground and squares keep on expanding in deal (AC Nielsen, 2005). Cheddar creation in Ireland is anticipated to move toward 130,000 tons for each year (Datamonitor, 2009). Cheddar gatherings: The cheddar market of Ireland is arranged into 5 gatherings (GIRA, 2007): Regular cheeses Hard and semi hard cheeses (cheddar, emmentaler, gouda) Delicate cheeses (camembert, Brie) Blue vein cheeses produced using cow milk Crisp cheeses (unmatured: curds, mozzarella) Goat/ewe/wild ox milk cheeses (Roquefort, Greek Feta) Prepared cheeses The fundamental appropriations: Supermarkets and hypermarkets, they are the main the business divert in the Irish cheddar showcase, which has 73.3% of the all out worth. Also, comfort stores have a further 15.6% of the market's worth (Datamonitor, 2009). Disseminations are generally high centralization of driving chains expanding clients. For example, Tesco, Superquinn. Key providers: incorporate dairy ranchers, housemade family, and key manufactories. Two primary kinds of cheddar advertise esteem: higher extent of cheddar which is "prepared" to prepared suppers or takeaway dinners, for example, pizzas; the valorization of conventional cheeses as assurance of starting point or of generation strategy draw in an inexorably moderately aged clients. Size of cheddar advertise The Irish cheddar showcase developed by 3.5% in 2008 to arrive at an estimation of $155.6 million, speaking to yearly development pace of 2.8% for the period spreading over 2004-2008. The Irish cheddar showcase developed by 3.1% to arrive at a volume of 16.4 million kilograms in 2008. Market utilization volumes expanded with 3.5% between 2004-2008 (Datamonitor, 2009). Market patterns Substitution: As cheddar is a shopper item, there are numerous potential substitutes as far as other nourishment types and interchange dairy items, for example, yogurt (Datamonitor, 2009). It is workable for purchasers to make cheddar at home utilizing milk and other family unit fixings. Value patterns: Under the Baseline, dairy item costs are anticipated to decrease by 7 percent for cheddar by 2012 (Teagasc, 2003). Cheddar extend: rather than the abatement in the quantity of cheddar plants creating product cheeses, there is increment in the quantity of cheddar plants delivering claim to fame cheeses. For example, form matured cheddar, Havarti, Italian assortments, Gouda, Feta, Latin American, seasoned, washed, or smear-aged cheeses, and lower fat renditions of numerous assortments of cheddar (Lucey, 2006). Request: The client interest for excellent cheddar items is expanding. Buyers like to attempt new organizations and flavors. What's more, there is likewise fuelling new uses for milk-based fixings, rising interest for cheddar assortment, an expansion in specialty item advertises and expanded item timeframe of realistic usability. Principle cheddar brands The cheddar advertise in Ireland is profoundly focused with the three driving players, Kerry Group plc, Dairygold Co-employable Society Limited, and Glanbia. They on the whole have 82.3% piece of the overall industry in Ireland. The basically ruled is Kerry Group. It is headquartered in Ireland. (Datamonitor, 2009) Cheddar leaders Market share Key cheddar brands Kerry Group 52.6% Golden Vale, Charleville, LowLow Dairygold 22.6% Dairygold Glanbia 7.1% Avonmore Cheddar customers' way of life change It is viewed as that with Ireland somewhere down in a downturn, albeit numerous customers will come back to pre-downturn spending designs, yet for a few, their perspectives on utilization and conduct may never be the equivalent again, which will expect retailer to react these movements. Scanning for Bargains Realizing that the economy impacts purchasers' capacity and certainty to spend and impacts what and where they get, it is significant for retailers to comprehend the clients' works day in shopping designs. As cheddar advertise has created with the monetary development, the Irish customer has gotten progressively modern and promoting educated. While, the ongoing worldwide economy emergency has intensely affected the Irish economy, which had changed how Irish think, feel and act. Subsequently in the course of the most recent year individuals become savvier and have looked more. Additionally, Irish customers' eagerness and hopefulness was ebbing ceaselessly to some degree. They turned out to be increasingly specific in how to go through their cash and continued searching for deals. So outfitted with the asset of information numerous Irish cheddar clients presently are in endeavors to streamline on cost and worth, which means keep on pursueing the best ideas at a lower value (Bord Bia, 2009). Hence, the significant impact of downturn is reflected in Irish's craving for more decisions of cheddar items. Therefore, private mark has gotten all the more broadly acknowledged because of improved quality and low cost. More buyers have now been pushed to those private name cheddar items because of the financial weights. In this way, it will be a higher priority than any time in recent memory for retailers to react rapidly and inventively to the changing buyer needs and wants. Rising mindfulness in connection to wellbeing Irish a>GET ANSWER