Communication Law Exam Chapter #3

What was the outcome of Texas v. Johnson? United States v. O'Brien? Why did the outcomes differ despite similar conduct by the defendants?

us v obrien- focused on why law was created while achknowledging expression texas v johnson - flag burning law struck down because it didnt serve compelling interest in least restrictive means

Can the media be held liable for inciting others to commit harm? When and how?

very rarely because it is nearly impossible to prove, one case - Paladin Press published a book intended for criminals to use to murder

What three-part formula from the Tinker case does the Court use to determine when schools may regulate student expression?

when speech inside or near the school disrupts school activities

How did the decision in Virginia v. Black differ from R.A.V.? Why?

Virginia v. Black allowed punishment to individuals cross burning with the intent to intimidate - target fighting words constituting a true threat due to history

What is a duty of care? How does it apply to claims that the media caused harm?

a responsibilty to care - media liability for negligence to win a lawsuit by media negligence, plaintiff must prove breach of media's duty of care because the content posed a (1) reasonable foreseeability of harm or (2) proximate cause of the harm

What is negligence?

generally, the failure to exercise reasonable or ordinary care

How did the Court rule in the Tinker case in regard to school speech?

in favor of the students - they were not being disruptive

What was the significance of Gitlow v. New York?

it used Gitlow to expand free speech protection by establishing the doctrine of incorporation limiting power to abridge the Bill of Rights in Gitlow v. NY, Gitlow was convicted for overseeing publication supporting socialism in the US - govt said it threatened the foundations of organized govt.

In regard to public forum law, how has the Supreme Court viewed public schools?

limited public forums; to advance educational objectives

What is symbolic speech?

nonverbal expression (ex. burning flags, marching through streets, etc.)

What was the importance of Hazelwood v. Kuhlmeier? Why did the Court rule as it did?

ruled in favor of principle because the school has a duty to promote positive educational environments and have authority to determine appropriate content

What was the Court's opinion in Cohen v. California? What was the case about?

-anti war protest, Cohen wore jacket that said "f*ck the draft" court decided that the first amendment protected the content and the emotional value of a message

What is the difference between ad hoc balancing and categorical balancing?

-making decisions according to the specific facts of the case under review rather than more general principals (ad hoc balancing) -a judge's or court's practice of deciding cases by weighing different broad categories, such as political speech, against other categories of interests, such as privacy, to create rules that may be applied in later cases with similar facts (categorical balancing)

What are "fighting words"? In what case did the Supreme Court allow government to punish the utterance of fighting words?

-words not protected by the first amendment because they cause immediate harm or illegal acts -Chaplinsky v. New Hampshire (jehovahs witness pamphlets passed out, arrested, called cop a gdamn rocketeer and a fascist)

What is cyberbullying? How have states responded to it?

22 states punish cyberbullying

What is the clear and present danger test? What Supreme Court justice created it, in what case?

Doctrine establishing that restrictions on First A rights will be upheld if they are necessary to prevent an extremely serious and imminent harm - Justice Oliver Wendell Holmes in Schenck v. United States (mailed anti-draft letters)

What is the incitement test? What case created it? How does it differ from the clear and present danger test?

In Brandenburg V Ohio - the supreme court ruled that the first amendment protects the right to advocate but not to incite violence - this drew a bright line distinction between advocating abstractly and inciting imminent illegal/violent activity it differs because it is more specific and objective

What is incorporation, when we use the term in First Amendment law?

the 14th amendment (due process) concept that most of the bill of rights applies equally to the states

How has the emphasis on national security after 9/11 affected free expression?

the PATRIOT Act - gave law enforcement agencies greater authority to combat terrorism; designed to quickly identify terrorists, had a chilling effect

What is a "chilling effect" on free expression?

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

What was the Supreme Court's decision in R.A.V. v. St. Paul? What was its reasoning?

they found the ordinance unconstitutional for being overbroad and punishing too much speech - incited viewpoint based descrimination

What does it take to prove that the media negligently caused harm?

to win a lawsuit by media negligence, plaintiff must prove breach of media's duty of care because the content posed a (1) reasonable foreseeability of harm or (2) proximate cause of the harm

How has the Court treated college and university speech differently than high school speech?

- not as much obligation to protect younger readers

What was the outcome in Elonis v. United States? What was the Court's reasoning?

- rap lyrics - court said there must be proof that the defendant intended to violate law and make a true threat (wrong doing must be conscious to the criminal) they let him go

What is proximate cause?

determining whether it is reasonable to conclude the defendant's actions led to the plaintiff's injury (that the cause was directly related to the harm)