final media law - terms

"true threat"

Speech directed toward an individual or historically identified group with the intent of causing fear of harm.

writ of certiorari

A petition for review by the Supreme Court of the United States; "to be informed of "

prior restraint

Action taken by the government to prohibit publication of a specific document or text before it is distributed to the public; a policy that requires government approval before publication.

summary judgement

The resolution of a legal dispute without a full trial when a judge determines that undisputed evidence is legally sufficient to render judgement.

concurring opinion

a separate opinion of a minority of the court or a single judge or justice agreeing with the majority opinion but applying different reasoning or legal principles

dissenting opinion

a separate opinion of a minority of the court or a single judge or justice disagreeing with the result reached by the majority and challenging the majority's reasoning or the legal basis of the decision.

amicus brief

a submission to the court from amicus curiae, or "friends of the court", which are interested individuals or organizations that are parties in the case

Change of venue

altering the location of a trial to avoid areas permeated by media coverage

per curium opinion

an unsigned opinion issued by the Court as a whole, rather than by individual judges

Seditious Libel

communication meant to incite people to change the government; or criticism of the government

due process

fair legal proceedings, guaranteed by the 5th and 14th amendments to the U.S. Constitution

stare decisis

the doctrine that court follow precedent; the basis of common law, it literally means to stand by the previous decision

Jurisdiction

the geographic or topical area of responsibility and authority of a court

"rule of law"

the legal standards that guide the proper and consistent creation and application of the law

precedent

the outcome of a previous case that establishes a rule of law for courts within the same jurisdiction to follow to determine cases with similar issues

defendant

the party accused of violating a law or the party being sued in a civil lawsuit.

Judicial Review

the power of the courts to determine the meaning of the constitution and decide whether laws violate the Constitution.

to "remand" a case

to send back to the lower court for further action

change of venire

"to come" or "to appear" the term used for the location from which a court draws its pool of potential jurors who must then appear in court for voir dire; a change of venire means a change of location from which potential jurors are drawn, the pool of jurors

Comstock Act

An 1873 law that prohibited circulation of "obscene literature," defined as including most information on sex, reproduction, and birth control.

Bad Tendency Test

An interpretation of the First Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action.

Hicklin Rule

Taken from a mid-19th-century English case and used in the United States until the mid-20th century, a rule that defines material as obscene if it tends to corrupt children.

Incorporation

The 14th Amendment concept that most of the Bill of Rights applies equally to the states

Plantiff

The party who files a complaint; the ones who sues

"fighting words" doctrine

Words not protected by the First Amendment because they cause immediate harm or illegal acts.

Strict Scrutiny

a court test for determining the constitutionality of laws aimed at speech content, under which the government must show it is using the least restrictive means available to directly advance its compelling interest

forum shopping

a practice whereby the plaintiff chooses a court in which to sue because he or she believes the court will rule in the plaintiff's favor

torts (civil wrongs)

a private or civil wrong for which a court can provide remedy in the form of damages

common law

judge made law composed of the principles and traditions established through court rulings; precedent- based law

voir dire

questioning of potential jurors as part of the selection process