n Chapter 1 of the text you read about the Bailey v. Eminem defamation case wher
ID: 455925 • Letter: N
Question
n Chapter 1 of the text you read about the Bailey v. Eminem defamation case where the court held Eminem’s lyrics were protected by the First Amendment. Read the article and view the video (the links are listed under Week 1 Additional Learning Resources Required and Week 1 Multimedia Required) to the Pahler v. Slayer case. Respond to the following questions:
Did the Pahler court use the same reasoning as used in Bailey v. Eminem?
Should the court’s decision in Pahler be different because a young girl was murdered?
Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.
Explanation / Answer
Did the Pahler court use the same reasoning as used in Bailey v. Eminem?
No, the Pahler court didn’t use the same reasoning as used in Baily vs Eminem because the circumstances were different
Should the court’s decision in Pahler be different because a young girl was murdered?
No, the decisions shouldn’t be different. It is sad that a young girl was murdered however if the decision was changed it will be breaking the First Amendment and this would lead to future demands in the entertainment industry
Recall the difference between a crime and a tort. Based on these two cases, analyze and discuss whether artists should be held liable for the actions of their fans.
A tort is a wrong that a tortfeasor commits against another person, giving the other person a legal right to a money judgment.
A crime is an act that a person performs that violates a statute that imposes a criminal penalty for the violation.
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