With the July 2023 bar exam a month and a half away, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!

MBE Question of the Day

 

Two candidates ran for public office. The first candidate was supported by the only newspaper in the city. The newspaper actively
pushed his appointment by running favorable editorials on him. The second candidate was never mentioned in the paper except in one
editorial in which the editor expressed a belief that he could not do the job. The second candidate sues the newspaper for failing to give him equal publicity with the first candidate.

Which of the following would be the most applicable rule of law?

(A) The First Amendment requires equal access to newspapers.
(B) The First Amendment allows a newspaper to exercise discretion in the articles it chooses to publish.
(C) The First Amendment requires newspapers to be viewpoint neutral.
(D) The newspaper’s editorial against the second candidate amounted to defamation.

Answer to be posted tomorrow…..