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Legal Tech – DQ and Paper Summary

Paper #3

Read Florida Constitution, Article I, Section 24. “The Public’s Right to Access”;
Read Florida Statute, Section 119.01, “The Public Records Act”

Submit a Summary (1/2 page min.) after your review of the Florida Statute and Florida Constitution, Article 1, Sections 23 and 24, which answers the following:

1. Florida Constitution, Article 1, Section 24 which deals with “Access to public records and meetings”:

How much information is too much information Discuss the public’s right to court records and how it could have a positive or negative impact. (i.e. Dissolution Records, Traffic Records, Criminal Records, Real Property Transfer, etc).

What do you think of the exemptions under The Public Records Act Are they sufficient or could you suggest any additions to the list

2. Based on Section 24 and the information that is available to the public, after reading Florida Constitution, Article I, Section 23 which deals with “the right to privacy” answer the following:

How would you balance an individual’s right to privacy versus the public’s right to know

What specific records should or should not be available to the public

How would you curtain the access to public records to limit identity theft Discuss and support your answers.

Give some thought to criminal sexual predators and their public listing, dissolution of marriage financial statements, death certificates with social security numbers, etc.

1. In the Pentagon Papers case the Federal Government sought to enjoin the NY Times and Washington Post from publishing a classified study on US policy-making in Vietnam. The Court denied the injunction because the Government did not meet the burden of showing a justification for the restraint. In light of Wikileaks and the Snowden disclosures, discuss whether these matters abridge the freedom of speech, one of the most revered and fiercely protected rights enjoyed by American citizens, which would permit a cause of action by the government. What would be the basis of the government’s argument What about defenses Do we have the “right to know”

2. As a general rule, mistake is not a defense to defamation. Discuss what defenses might be available to a Defendant.
Discuss the Supreme Court ruling on DNA collection without a Search Warrant. What do you think


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