Warren Slapp is a commentator for Fox Sports. William Riley is a reporter for Fox News and

the host of a famous nightly show called The Riley Factor. Slapp is black and Riley is white.

After the first MLB game of Japanese pitcher, Yu Darvish, in the United States in which Darvish

gave up nine runs in the first inning, Slapp tweeted, "Yu got blown up as if he was Nagasaki."

The next day Fox severed all ties with Slapp. That evening on the Riley Factor, Riley said "The

gods of political correctness sadly have crept into Fox. What next, my ticket to another network

when I warn this country that if we do not tighten up our borders, much of our land will be given

back to Mexico?"

 

Please, select the answers

 

19. What fact is most problematic for Slapp’s wrongful termination suit?

A. He worked for many networks simultaneously as a commentator.

B. He chose his own assignments.

C. He decided when he wanted to work.

D. All of the above

E. It is very difficult to challenge the Fourth Estate.

 

 

20. If Fox has to defend its termination of Slapp, which statement is most accurate?

A. Slapp's right to free speech is outweighed by his hate speech.

B. Slapp's comment tarnishes Fox's image and renders Slapp ineffective in his position.

C. Slapp's comment constitutes harassing speech as Asians at Fox will be offended.

D. There is no defense when someone is fired after speaking on an issue of public

importance.

E. Slapp can get a job as an assistant coach at UCLA which forgave a coach for tripping.

 

 

21. If a trier of fact (judge or jury) believed that both Riley and Slapp were employees, then:

A. Slapp has a wrongful termination claim based on the disparate impact theory.

B. Slapp has a wrongful termination claim based on the disparate treatment theory.

C. A and B

D. Slapp has no claim because reporters are at-will employees.

E. It is show time and all can lawyer-up.

 

 

22. After Fox released Slapp, Fox executives got a call from CBS, which was considering hiring

Slapp to work for CBS. What best describes what Fox should say regarding his work for them?

A. Fox can say anything as the First Amendment protects Fox's speech.

B. Fox should only state the period of time Slapp worked for Fox and position he held as

any other comments may lead to a defamation lawsuit.

C. Fox should give a candid reference because the law provides a privilege to employees

in giving references.

D. Fox should be concerned about a libel lawsuit if it states orally why he was terminated.

E. Fox should refer any calls to the Secret Service officers as they have ample time to

handle such a delicate issue.