Communication Law Ch. 3

USA PATRIOT Act

The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001. The act gave law enforcement agencies greater authority to combat terrorism.

fighting words

words not protected by the First Amendment because they cause immediate harm or illegal acts. 1. Are directed at an Individual 2. Automatically inflict emotional harm or trigger violence.

underinclusive

a First Amendment doctrine that disfavors narrow laws that target a subset of a recognized category for discriminatory treatment.

hate speech

a category of speech that includes name-calling and pointed criticism that demeans others on the basis of race, color, gender, ethnicity, religion, national origin, disability, intellect or the like.

as applied

a phrase referring to interpretation of a statute on the basis of actual effects on the parties in the present case.

tort

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

true threat

speech directed toward one or more specific individuals with the intent of causing listeners to fear for their safety. 1. direct the threat toward one or more individuals 2. with the intent of causing the listeners 3. to fear bodily harm or death.

clear and present danger

Doctrine established that restrictions on First Amendment rights will be upheld if they are necessary to prevent an extremely serious and imminent harm.

viewpoint-based discrimination

Government censorship or punishment of expression based on the ideas or attitudes expressed. Courts will apply a strict scrutiny test to determine whether the government acted constitutionally.

chilling effect

the discouragement of a constitutional right, especially free speech, by any government practice that creates uncertainty about the proper exercise of that right.

incorporation doctrine

the fourteenth amendment concept that most of the Bill of Rights applies equally to the states.

Media Liability for Negligence

Most prove 1. Reasonable foreseeability of harm 2. proximate (directly related) cause of the harm.

negligence

Generally, the failure to exercise reasonable or ordinary care.

proximate cause

determining whether it is reasonable to conclude the defendant's actions led to the plaintiff's injury.