1. What are the facts of the underlying case between the Consumer Product Safety Commission and “Company Doe”? What law is involved?
2. What are the facts of the case involving consumer advocacy groups and news organizations? What area of law is at issue? How are the cases related?
3. Why is Company Doe so concerned about the complaint becoming public information? What arguments support the company’s case? What arguments are against the company’s position? Which of the positions offers stronger arguments? Why?
4. How is the First Amendment involved in this case? What is the most commonly-known First Amendment right?
5. Should “reports of harm” be sealed until a determination is made as to the validity those complaints? What are the benefits, if any, of the making the allegations public? What are potential problems with doing this?
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