Question

When Sonya Celebrity reads an embarrassing article about herself in Fame magazine, she becomes very worried about damage to her reputation. During her lawsuit against Fame, the magazine's lawyer argues that his client's rights are protected by the Constitution, specifically the right to free press. Is this a civil or criminal lawsuit? On what part of the Constitution is Fame magazine's lawyer basing his argument?

Answer 1

Answer:

The answers are: Civil lawsuit and the First Amendment of the Constitution of the US

Explanation:

Sonya celebrity is suing Fame Magazine for written defamation (called libel). Libel is considered a tort (a civil wrongdoing), so Sonya Celebrity´s lawsuit will be a civil one.

Fame Magazine´s lawyer will try to use the First Amendment of the US Constitution in their defense. It states as following:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

This amendment is part of the Bill of Rights (first ten amendments of the US Constitution) and was ratified in 1791. It prohibits Congress or any State or local legislature to pass any law that infringes on the freedom of the press.