The "Hit Man" Manual


Case Type:

Actual

Exigence:

In 1993, Lawrence Horn hired James Edward Perry to kill his son so that he could collect himself the $1.7 million medical malpractice settlement the boy would receive. Perry in fact did so, shooting the boy's mother (Horn's ex-wife) and a nurse and turning off the eight-year-old's respirator. Perry has been sentenced to death and Horn to life imprisonment. In Perry's apartment was found a copy of Hit Man: A Technical Manual for Independent Contractors published by Paladin Press. The book, marketed as a work of fact, describes techniques for committing murders and making a living as a hit man. Several instructions in the book match details in the way the murders were committed.

Relatives of the victims sue Paladin for "aiding and abetting" the murders.



Audience:

The judges of the federal courts; you, as members of the general public.

Possible
Constraints:

To narrow the issue, Paladin Press signed this stipulation admitting, for the purposes of the First Amendment argument only, certain facts about the case. Even if these facts are true, Paladin argues, the First Amendment still protects Hit Man.

See the Hit Man CD for more facts, excerpts from the book, and many, many arguments from the actual parties to the case

Decision:

In the courts: The District Court ruled that the First Amendment barred this lawsuit against the publisher. The Circuit Court in Rice et al v. The Paladin Enterprises, (4th Cir., 1997), overturned that decision, holding that speech "aiding and abetting" a crime is not within the purview of the First Amendment. The Supreme Court has refused to hear an appeal at this stage of the case, remanding the case for a full trial on the facts. A week before the trial was to begin, Paladin settled, agreeing to pay an undisclosed amount, to take Hit Man off of the market, and to donate funds to victim's organizations.

Your decision is, of course, up to you.



Related
issues:

Harm to society
Harm to individuals


Notes:

This is the first case that Justices enrolled in Comm Studies 330-1 must decide.


For help
with these categories.

Copyright © 1998 Jean Goodwin. All rights reserved.
jeangoodwin@nwu.edu
Last updated 1 January 2001
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