#3 – Spring 2022 (May 6): Include your name & the word count for each answer. U

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#3 – Spring 2022 (May 6): Include your name & the word count for each answer. USE ONLY MICROSOFT WORD. UseNO outside sources. Use only materials from this class. You may consult your book, notes, & the slides, but no other sources. By 11am tomorrow—Saturday, May 7.
ESSAY QUESTION #1: Pick A or B and write up to 650 words MAX. Support your arguments and conclusions with relevant law, values, and cases. Consider any opposing arguments.
A.) Compare Section 230’s approach to liability with the DMCA and its approach to copyright infringement online. Using only the materials we studied, explain how these laws work. Should these laws be changed? Why or why not?
B.) If government wants to regulate advertising, how do the courts determine if that regulation is constitutional? Using cases we studied, explain the legal approach to advertising and public relations and compare it our approach to and standards for political speech.
ESSAY QUESTION #2: Assume Florida law prohibits advertising that offers for sale or otherwise promotes the recreational consumption of any controlled substance, as defined by federal law, including any form of marijuana.
Baby Got Beans & Butts (the “BGBB”) is a “highly” successful coffee brewer and chain of coffee and cannabis shops owned by Jared Pusher and his porn-star wife, Lauren Bimbo, a well-known social influencer and former member of Congress. Based in Rifle, Colorado, BGBB specializes in coffee brewed with varying amounts of cannabis – that is, marijuana, which is legal for recreational use in that state. BGBB also sells various marijuana edibles. Sales are smoking hot.
Half of the BGBB customers are out-of-state visitors to Colorado. They enjoy the pot-infused coffee and other treats while there and they buy plenty for later use. Jared hires Mark Pomposity’s advertising and political consulting firm, Ogle & Humpher, to launch a national sales campaign starting with Palm Beach County, Florida.
The first ads appeared on websites, alt-right social media, television and in newspapers in Florida and Colorado. The campaign was a virtual blitzkrieg, a specialty of Ogle & Humpher. One ad read: “Enjoy a Rocky Mountain High in the Great State of Colorado. Our pot-infused coffee will warm your cockles, cure what ails you, including depression, obesity, and delusions of competence, and lead to a longer life and better sex. This coffee is better, more macho, and more healthful than anything sold by Starbucks, Duncan or anyone else. We have more caffeine and use better, organic beans and organic pot. You can even buy the coffee concentrate to enjoy responsibly later.” At the bottom of each advertisement is a disclaimer saying these products are sold for consumption in Colorado and should be packed in coolers with dry ice for long, strange trips home.
The television and online ads include a testimonial endorsement by another social influencer and fashion star, Malanka Skunk, saying she drank several cups of the coffee before and after every time she had sex with her disgusting famous husband (neo-Nazi Dondy Jay Skunk) and it saved her sanity, lowered her blood pressure, and cured Covid-19. Malanka closes the ad by singing “Everyone must get boned, I mean stoned” as she sips a latte. The website for BGBB features Malanka and attracts a variety of user comments, including one that insists Malanka, Governor DeSantapuss of Florida, and Joe Biden are alien lizards who eat children. They have even launched a website (ReptilesAmongUS) hosted by Google and dedicated to soliciting user comments and evidence that Malanka is a lizard pedophile.
The State of Florida, Food and Drug Administration (FDA) and Federal Trade Commission (FTC) are not pleased with this advertising campaign. The Florida Attorney general has sued in state court to enjoin the campaign because Florida has not legalized the recreational use of marijuana. The FTC has sent the company a notice to cease publishing the ads. The agency also demanded proof that Malanka drank that coffee and actually had voluntary sex with Dondy Jay. Under an old federal law against advertising any health benefits from the consumption of controlled substances, including cannabis, the FDA has put the company on notice that its claims are illegal. At the same time, a grassroots group funded by Billy “the Roach” Clapflap, a former Arkansas governor and preacher, has started a campaign that criticizes BGBB, claiming pot will lead to the end of morality in America and blindness, too.
Not to be silenced by some socialist regulators, Pusher and BGBB retain a public relations expert, Michael Flyntstoned, who is available because he was pardoned by the former president for lying to the FBI about his addiction to LSD while chairing the National Security Council during the last presidential administration. Flyntstoned has a four-pronged plan of attack:
Sue Colorado for refusing to issue a vanity license plate with marijuana leaves and this motto: “The Grass is Greener in Colorado,” as requested previously by BGBB.
Publish columns online and in newspapers and buy advertisements showing the economic and health benefits of cannabis and encouraging Floridians to legalize the recreational use of marijuana in Florida in an upcoming referendum on the issue.
Air on television and YouTube the testimonials of everyday people about the coffee sold by BGBB, including a testimonial featuring four public high school teachers – two from Rifle, Colorado, and two from Miami, Florida, talking about how much they love BGBB coffee, smoke pot only at home and only after bad days at school, and hope Florida will follow Colorado’s lead and legalize recreational use of cannabis.
Have BGBB and Pusher spend one million dollars on political ads supporting the re-election of Alvin “The Chipmunk” DeSantapuss as Governor of Florida because he will support the legalization of recreational cannabis in Florida and loves his pot.
The high schools fired the four teachers appearing in the ads. The State of Florida meanwhile has launched its own advertising campaign with this tagline: “Weed. It’s not what’s for dinner unless you are a sinner.” BGBB and Pusher sued Florida over the state’s advertising campaign claiming it violates their free speech rights by not including their opposing points of view. They also intend to challenge under the First Amendment the validity of the Florida law and FDA and FTC regulations.
Billy Clapflap sued BGBB, Pusher, and Flyntstoned for false advertising and deception of the public and they countersued him and his group for false advertising. The teachers are suing to get their jobs back under the First Amendment, though they have all been rehired by a private school in Miami known as the Dumnutz Academy as long as they agree to never get vaccinated and to wear tin foil hats to block cell tower radiation and CIA mind control experiments. The Florida Attorney General sued to stop the newspaper columns, ads, and donations supporting the legalization of cannabis. Even Duncan Donuts, Starbucks, The Better Business Bureau, and Nescafe intend to sue BGBB and Pusher. Joe Biden and Governor DeSantapuss in a rare show of bi-partisan unity both hire the same lawyer to sue BBGB over the false comments about them on the website. Malanka has not denied that she is a lizard, but she does plan to sue Google and the ReptilesAmongUS website over the pedophile allegations.
Identify and analyze the legal issues and claims in this problem. You may write up to 800 words. MAX

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