first amendment speech

2. Betty Barnes has sued Fran Fields for defamation Discuss her claim (Same facts as Question 1 reproduced below In 2020, the North Carolina Legislature passed the Scientific Advancement & Freedom of Experimentation (SAFE) Act. The SAFE Act makes it a felony for any person or group of persons" to: (1) "intentionally harass, injure, or intimidate, or attempt to intentionally harass, injure, or intimidate, any person because that person has conducted scientific experiments on animals'; or (2) "cause or encourage economic damage, physical disruption, or loss of property to an enterprise that has conducted such experiments." Four research scientista, Drs. Abe Allen, Betty Barnes, Clyde Chavis, and Dottie Dobbs, work at a Durham, North Caroline-based laboratory owned by Solito, a firm that performs lab testing for corporations seeking to bring their products to market. Soilife uses animals as tout subjects in some of its fouting The Animal Liberation Front (ALF) is an animal rights advocacy organization. Part of its mission is to close laboratories like Solife's, and it also offers counseling and advice to pet owners who are considering euthanizing their unwanted pets. This counseling takes the form of providing the pet owner with shelter and adoption-related information in the owner's area. ALFs primary organizing tool is its website, though it also organizes press conferences and in-person protest activity as discussed in more detail below A North Carolina trial court has convicted a number of ALF members finding that several acts undertaken by the violated the SAFE ALL Postings to the ALF website under a section entitled "Accomplishments of several successful protest activities that had previously taken place, including a 2010 break A Postings to the ALF website, under a section entitled "Accomplishments of several successful protest activities that had previously taken place, including a 2010 break- inata SciLife lab in Arkansas at which protesters "liberated 20,000 innocent mice, and a 2019 visit to Dr. Allen's house in Durham where his two front windows were broken a gallon of red paint was thrown on his front door, and his garage was plastered with large stickers depicting blown-up images of mutilated hamsters. (The vandalism of Dr. Allen's home was the primary motivating factor in the Legislature's proposal and adoption of the SAFE Act) Creating and publishing a poster called "The Deadly Dozen," which listed Allen, Barnes, Chavis, and Dobbs's photographs, names, and home addresses along with eight other Scilife research scientists based in other states who were in the words of the poster considered armed and extremely dangerous to all of God's creatures particularly the defenseless ones," and "GUILTY of "cruel and inhumane acts. The poster also offered a "55.000 REWARD for information concerning their activities that may lead to their arrest, conviction or removal from the practice of medicine." An ALF photographer, Greg Gaines, found the photographs of the scientists that were used in the poster by hacking into the Scillo internal directory that is hosted on the company's Intranet network. The poster was disseminated on the ALF website and via hard copy outside the Durham Schlife lab at which the four scientists worked, as well as ot an ALF press conference and several other locations. It also appeared as a Latiment in the Durham Haralel.in Ar wowy IV GLIW via hard copy outside the Durham Scilite lab at which the four scientists worked, as well as at an ALF press conference and several other locations. It also appeared as a full-page advertisement in the Durham Herald Sun Alan ALF-organized rally outside the Durham lab at which the four scientists worked, ALF's Grassroots Recruiting Director Fran Fields stated while dressed in combat fatigues that we are working to make what goes on in this lab illegal, and if that doesn't work, ALF has people who have been trained to make sure that the violent acts taken against animals in this building will permanently ond. At that point, Dr. Bames, who was a high-level scilio administrator who did not conduct any lab testing herself but rather focused on grant Writing for Solife's research activities, walked out of the lab on her way to lunch. Fields then turned her attention to Bames, shouting heatedly at Barnes and the rally audience. "Here's one of our Deady Dozon right now. You're a puppykilor", and "We have your address, and we bum down your housel' when a police officer approached the podium from which Fields was speaking together to calm down, Fields become more animated, and shouted at the officer "You damn pigs can't protect the puppy Killers It's you pigs, not these innocent puppies, who should be gutted" Greg Gaines was at the rally as well and took several pictures and videos of Fran and the other protesters ALF posted a few of these pictures and videos to Facebook page, and other videos and pictures of the rally taken pictures and videos of Fran and the other protesters ALF posted a few of these pictures and videos to its Facebook page, and other videos and pictures of the rally taken by attendees who did not work directly for ALF were posted by those individuals in the comments to the ALF post Before criminal charges against the ALF members were brought in North Carolina, one other research scientist who appeared on the 'Deadly Dozen poster Elmer Eames, was shot and killed outside his Georgia-based lab by a pro-animal-rights activist who was unaffiliated with ALF. After the murder. Eames name was struck through on subsequent hard.copy and online versions of the poster with red ink Assume for purposes of answering this question that the convicted ALF members all partook in the creation and dissemination of the Deadly Dozen poster. As to the Accomplishments posting the government is alleging a SAFE Act violation based on the posting itself, which was posted to the ALF website by one of the defendants being A Assume for purposes of answering this question that the convicted ALF members all partook in the creation and dissemination of the Deadly Dozen poster. As to the "Accomplishments posting, the goverment is alleging a SAFE Act violation based on the posting itself, which was posted to the ALF website by one of the defendants being prosecuted, but not the activities described therein, since no evidence exists that any of the ALF defendants committed those acts. Fran Fields was convicted of an additional violation of the SAFE Act for her conduct at the rally outside of Durham Scilite In addition, Fields was also convicted of violating a separato North Carolina statute that made it unlawful to reach the peace by Intentionally Interrupting a policeman with obscene offensive, or opprobrious language while the officer is in execution of his duties In addition, Fields was also convicted of violating a separate North Carolina statute that made it unlawful to "breach the peace by intentionally interrupting a policeman with , or while of his Fically. In addition to the SAFE Act and breach of the peace prosecution, ALFe members were convicted of violating the following statuto .N.C. Gen. Stat. 5 101(c). It shall be a felony to publicly advertise or offer the exchange of funds in return for personat or employment-related information concerning another person working in the field of scientific research that is otherwise not publicly available for the purpose of intimidation, tampering or otherwise interfering with that individual's work 2. Betty Barnes has sued Fran Fields for defamation Discuss her claim (Same facts as Question 1 reproduced below In 2020, the North Carolina Legislature passed the Scientific Advancement & Freedom of Experimentation (SAFE) Act. The SAFE Act makes it a felony for any person or group of persons" to: (1) "intentionally harass, injure, or intimidate, or attempt to intentionally harass, injure, or intimidate, any person because that person has conducted scientific experiments on animals'; or (2) "cause or encourage economic damage, physical disruption, or loss of property to an enterprise that has conducted such experiments." Four research scientista, Drs. Abe Allen, Betty Barnes, Clyde Chavis, and Dottie Dobbs, work at a Durham, North Caroline-based laboratory owned by Solito, a firm that performs lab testing for corporations seeking to bring their products to market. Soilife uses animals as tout subjects in some of its fouting The Animal Liberation Front (ALF) is an animal rights advocacy organization. Part of its mission is to close laboratories like Solife's, and it also offers counseling and advice to pet owners who are considering euthanizing their unwanted pets. This counseling takes the form of providing the pet owner with shelter and adoption-related information in the owner's area. ALFs primary organizing tool is its website, though it also organizes press conferences and in-person protest activity as discussed in more detail below A North Carolina trial court has convicted a number of ALF members finding that several acts undertaken by the violated the SAFE ALL Postings to the ALF website under a section entitled "Accomplishments of several successful protest activities that had previously taken place, including a 2010 break A Postings to the ALF website, under a section entitled "Accomplishments of several successful protest activities that had previously taken place, including a 2010 break- inata SciLife lab in Arkansas at which protesters "liberated 20,000 innocent mice, and a 2019 visit to Dr. Allen's house in Durham where his two front windows were broken a gallon of red paint was thrown on his front door, and his garage was plastered with large stickers depicting blown-up images of mutilated hamsters. (The vandalism of Dr. Allen's home was the primary motivating factor in the Legislature's proposal and adoption of the SAFE Act) Creating and publishing a poster called "The Deadly Dozen," which listed Allen, Barnes, Chavis, and Dobbs's photographs, names, and home addresses along with eight other Scilife research scientists based in other states who were in the words of the poster considered armed and extremely dangerous to all of God's creatures particularly the defenseless ones," and "GUILTY of "cruel and inhumane acts. The poster also offered a "55.000 REWARD for information concerning their activities that may lead to their arrest, conviction or removal from the practice of medicine." An ALF photographer, Greg Gaines, found the photographs of the scientists that were used in the poster by hacking into the Scillo internal directory that is hosted on the company's Intranet network. The poster was disseminated on the ALF website and via hard copy outside the Durham Schlife lab at which the four scientists worked, as well as ot an ALF press conference and several other locations. It also appeared as a Latiment in the Durham Haralel.in Ar wowy IV GLIW via hard copy outside the Durham Scilite lab at which the four scientists worked, as well as at an ALF press conference and several other locations. It also appeared as a full-page advertisement in the Durham Herald Sun Alan ALF-organized rally outside the Durham lab at which the four scientists worked, ALF's Grassroots Recruiting Director Fran Fields stated while dressed in combat fatigues that we are working to make what goes on in this lab illegal, and if that doesn't work, ALF has people who have been trained to make sure that the violent acts taken against animals in this building will permanently ond. At that point, Dr. Bames, who was a high-level scilio administrator who did not conduct any lab testing herself but rather focused on grant Writing for Solife's research activities, walked out of the lab on her way to lunch. Fields then turned her attention to Bames, shouting heatedly at Barnes and the rally audience. "Here's one of our Deady Dozon right now. You're a puppykilor", and "We have your address, and we bum down your housel' when a police officer approached the podium from which Fields was speaking together to calm down, Fields become more animated, and shouted at the officer "You damn pigs can't protect the puppy Killers It's you pigs, not these innocent puppies, who should be gutted" Greg Gaines was at the rally as well and took several pictures and videos of Fran and the other protesters ALF posted a few of these pictures and videos to Facebook page, and other videos and pictures of the rally taken pictures and videos of Fran and the other protesters ALF posted a few of these pictures and videos to its Facebook page, and other videos and pictures of the rally taken by attendees who did not work directly for ALF were posted by those individuals in the comments to the ALF post Before criminal charges against the ALF members were brought in North Carolina, one other research scientist who appeared on the 'Deadly Dozen poster Elmer Eames, was shot and killed outside his Georgia-based lab by a pro-animal-rights activist who was unaffiliated with ALF. After the murder. Eames name was struck through on subsequent hard.copy and online versions of the poster with red ink Assume for purposes of answering this question that the convicted ALF members all partook in the creation and dissemination of the Deadly Dozen poster. As to the Accomplishments posting the government is alleging a SAFE Act violation based on the posting itself, which was posted to the ALF website by one of the defendants being A Assume for purposes of answering this question that the convicted ALF members all partook in the creation and dissemination of the Deadly Dozen poster. As to the "Accomplishments posting, the goverment is alleging a SAFE Act violation based on the posting itself, which was posted to the ALF website by one of the defendants being prosecuted, but not the activities described therein, since no evidence exists that any of the ALF defendants committed those acts. Fran Fields was convicted of an additional violation of the SAFE Act for her conduct at the rally outside of Durham Scilite In addition, Fields was also convicted of violating a separato North Carolina statute that made it unlawful to reach the peace by Intentionally Interrupting a policeman with obscene offensive, or opprobrious language while the officer is in execution of his duties In addition, Fields was also convicted of violating a separate North Carolina statute that made it unlawful to "breach the peace by intentionally interrupting a policeman with , or while of his Fically. In addition to the SAFE Act and breach of the peace prosecution, ALFe members were convicted of violating the following statuto .N.C. Gen. Stat. 5 101(c). It shall be a felony to publicly advertise or offer the exchange of funds in return for personat or employment-related information concerning another person working in the field of scientific research that is otherwise not publicly available for the purpose of intimidation, tampering or otherwise interfering with that individual's work