JRN 430 exam 1

public forum

Government property held for use by the public, usually for purposes of exercising rights of speech and assembly.

designated public forum

Government spaces or buildings that are available for public use (within limits).

traditional public forum

Lands designed for public use and historically used for public gathering, discussion and association (e.g., public streets, sidewalks and parks). Free speech is protected in these areas.

categorial balancing

Legal reasoning that weighs different broad categories, such as political speech, against other interests, such as privacy, to create general rules that may be applied in later cases with similar facts.

Ad hoc balancing

Making decisions according to the specific facts of the case under review rather than more general principles.

emotional distress

Serious mental anguish.

true threat

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

core values of free speech

-Human liberty. The freedom of speech is a fundamental, inalienable natural right. -Self-governance. The freedom to discuss political candidates and issues is essential to "democratic self-determination." -Restraint on government power. Free speech is a "check" on government overreach and an "invaluable bulwark against tyranny." -Attainment of truth. Free speech is vital to the "marketplace of ideas," to the discovery of truth and to challenging orthodoxies. -Safety valve. Free speech in "the worst of times" is a mechanism for "letting off steam" that reduces violence and helps maintain social stability. -Its own end. Free speech, like clean air or beauty, is an end in and of itself.

How does section 230 immunity apply to the internet?

-ISPs/websites correct, edit, add or remove content—so long as they do not substantially alter the meaning of the content; -ISPs/websites solicit or encourage users to submit content; -ISPs/websites pay a third party to create or submit content—so long as they do not substantially alter the meaning of the content; -ISPs/websites provide forms or drop-downs to facilitate content submission by users—so long as the forms and drop-downs are neutral.

SLAPP (strategic lawsuit against public participation)

A lawsuit whose purpose is to harass critics into silence, often to suppress those critics' First Amendment rights.

Writ of certiorari

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

fair report privilege

A privilege for accurate and fair reports on the content of official records and proceedings. Sometimes called "conditional privilege."

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.

Libel per se

A statement whose injurious nature is apparent and requires no further proof.

content based laws

A term used to describe government actions prompted by the ideas, subject matter or position of the message.

content neutral laws

A term used to describe government actions that incidentally and unintentionally affect speech as they advance other important government interests unrelated to the content of speech.

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 befor

originalists

Supreme Court justices who interpret the Constitution according to the perceived intent of its framers.

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.

jurisdiction

The geographic or topical area of responsibility and authority of a court.

summary judgement

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

remand

To send back to the lower court for further action.

symbolic speech

action that warrants some First Amendment protection because its primary purpose is to express ideas.

judicial branch

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legislative branch

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incitement

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republication

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constitutional law

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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.

injunction

A court order prohibiting a person or organization from doing some specified act.

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.

defamation

A false communication that harms another's reputation and subjects him or her to ridicule and scorn; incorporates both libel and slander.

executive branch

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civil suits

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falsity

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why are the foundations of the rule of law important

All individuals and private entities are accountable under the law; The laws are fair, clear, public and stable; The processes by which the laws are enacted, administered and enforced are open, robust and timely for all; Those who apply the law are competent, ethical, independent, neutral and diverse.

Memorandum order

An order announcing the vote of the Supreme Court without providing an opinion.

Per curiam opinion

An unsigned opinion by the Court as a whole

seditious libel

Communication meant to incite people to change the government; criticism of the government.

peremptory challenge

During jury selection, a challenge in which an attorney rejects a juror without showing a reason. Attorneys have the right to eliminate a limited number of jurors through peremptory challenges.

due process

Fair legal proceedings. Due process is guaranteed by the Fifth and 14th Amendments to the U.S. Constitution.

neutral reportage

In libel law, a defense accepted in some jurisdictions that provides First Amendment protection for reporting of an accusation made by a responsible and prominent organization, even when it turns out the accusation was false and libelous.

limited purpose public figure

In libel law, a plaintiff who has attained public figure status within a narrow set of circumstances by thrusting him- or herself to the forefront of particular public controversies in order to influence the resolution of the issues involved; this kind of public figure is more common than the all-purpose public figure.

public figure

In libel law, a plaintiff who is in the public spotlight, usually voluntarily, and must prove the defendant acted with actual malice in order to win damages.

actual malice

In libel law, a statement made knowing it is false or with reckless disregard for its truth.

textualists

Judges—in particular, Supreme Court justices—who rely exclusively on a careful reading of legal texts to determine the meaning of the law.

why is anonymous speech important

The Supreme Court has said anonymous political speech has an "honorable tradition" that "is a shield from the tyranny of the majority." Finding a state ban on anonymous campaign literature unconstitutional, the Court said the state's interest in preventing fraud and political influence was sufficiently important, but the law was not narrowly tailored.

original jurisdiction

The authority to consider a case at its inception, as contrasted with appellate jurisdiction.

judicial review

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

discovery

The pretrial process of gathering evidence and facts. The word also may refer to the specific items of evidence that are uncovered.

fighting words

Words not protected by the First Amendment because they are directed at an individual and cause immediate harm or trigger violent response.