Law of Mass Communication - Final Exam Review Set

Cohen v. California

"F_ck the Draft"

National security

(1) An exemption to the Freedom of Information Act

Internal agency rules and procedures

(2) An exemption to the Freedom of Information Act

Disclosures forbidden by other statutes

(3) An exemption to the Freedom of Information Act

Trade secrets

(4) An exemption to the Freedom of Information Act

Agency memoranda

(5) An exemption to the Freedom of Information Act

Personal privacy

(6) An exemption to the Freedom of Information Act

Law enforcement records

(7) An exemption to the Freedom of Information Act

Financial records

(8) An exemption to the Freedom of Information Act

Geological data

(9) An exemption to the Freedom of Information Act

Copyright Act of 1976

Legislation that specified what may be protected by copyright, what rights copyright protection includes, the restrictions on said rights, and the formalities necessary to exercise the rights. Remains the backbone of US copyright law.

Telecommunications Act of 1996

Legislation that stated cable operators had the right to refuse to transmit a public access program that contained indecency

Vice products

Products related to activities generally considered unhealthy or immoral, or whose use is restricted by age or other conditions

Private Facts

Publicizing highly offensive, truly private information that is not newsworthy or lawfully obtained from a public record.

Political Questions

Questions not subject to judicial review because they fall into areas properly handled by another branch of government

Public domain

Refers to creative materials that are not protected by intellectual property laws. The public can use public domain work without permission.

radio, television, geographical, interference

Spectrum scarcity describes the limitation of the number of segments of the broadcast spectrum that may be used for _______ or _______ in a specific _________ area without causing _________

Shield Laws

State laws that protect journalists from being found in contempt of court for refusing to reveal sources.

Dicta

Statements in a court opinion that are not central or essential to its reasoning or holding

anti-SLAPP laws

States laws meant to provide a remedy for a SLAPP.

Near v. Minnesota

A case in which the Supreme Court fashioned the First Amendment doctrine opposing prior restraint and reaffirmed the emerging view that the Fourteenth Amendment incorporated the First Amendment to the states.

Hazelwood School District v. Kuhlmeier

A case in which the Supreme Court held that schools may restrict what is published in student newspapers if the papers have not been established as public forums.

Florida Star v. BJF

A case in which the Supreme Court held that the First Amendment precluded a newspaper from being held civilly liable under state tort law for publishing the name of a rape victim

United States v. Stevens

A case in which the Supreme Court invalidated a federal law criminalizing the creation, distribution, or possession of images of animal cruelty as substantially overbroad.

Estes v. Texas

A case in which the Supreme Court overturned a conviction based on the presence of cameras in the courtroom and explored the relation between First Amendment press freedoms and the Sixth Amendment right to a fair trial.

Hess v. Indiana

A case in which the Supreme Court overturned the conviction of a demonstrator in affirming that advocacy of illegal activity in the indefinite future is protected by the First Amendment.

Ward v. Rock Against Racism

A case in which the Supreme Court ruled that New York City officials could control the volume of amplified music at rock concerts in Central Park without violating the First Amendment.

Branzenburg v. Hayes

A case in which the Supreme Court ruled that freedom of press did not create a constitutional privilege protecting reporters from having to testify in grand jury proceedings about the identity of news sources or information received in confidence.

Milkovich v. Lorain Journal Co.

A case in which the Supreme Court ruled that opinions can be defamatory and that no broad constitutional shield for the expression of defamatory opinions is appropriate

Associated Press v. Walker

A case in which the Supreme Court ruled that public figures should be treated differently from public officials when they sue for libel; they could recover damages under finding of highly unreasonable conduct by reporters and publishers.

Chandler v. Florida

A case in which the Supreme Court ruled that the Constitution does not prevent states from allowing broadcast coverage of criminal trials.

Gertz v. Robert Welch

A case in which the Supreme Court ruled that the First Amendment does not require a private individual who is publicly libeled to meet the burden of proof

Richmond Newspapers, Inc. V. Virginia

A case in which the Supreme Court ruled that the First Amendment generally prohibits closing criminal trial proceedings to the public.

Nebraska Press Association v. Stuart

A case in which the Supreme Court unanimously ruled that a trial court judge did not have the authority to place gag orders on reporting about a specific crime prior to jury impanelment, finding it a form of prior restraint and in violation of the First Amendment right of freedom of the press.

Virginia v. Black

A case in which the Supreme Court upheld a Virginia statute making it illegal to burn a cross in public with the intent to intimidate others.

Zercher v. Standford Daily

A case in which the U.S. Supreme Court held that it is reasonable under the Fourth Amendment for a court to issue a search warrant for the premises of an innocent third party when the police have probable cause to believe there is evidence of criminal activity on the premises and that the First Amendment's freedom of the press does not bar the execution of such a search warrant if the innocent third party is the press.

Brown v. Entertainment Merchants Association

A case in which the U.S. Supreme Court ruled that a California law prohibiting the sale or rental of violent video games to minors violated the First Amendment.

Lane v. Franks

A case in which the U.S. Supreme Court unanimously ruled that the First Amendment protected a public employee who was terminated by his employer after he provided truthful court testimony pursuant to a subpoena.

Clinton v. Jones

A case in which the court found that a sitting president has no immunity from civil law litigation, in federal court, against him or her, for acts done before taking office and unrelated to the office.

Morse v. Frederick

A case in which the court found that the First Amendment does not prevent educators from suppressing student speech that is reasonably viewed as promoting illegal drug use at or across the street from a school-supervised event.

Hustler Magazine, Inc. v. Falwell

A case in which the court found that the First and Fourteenth Amendments prohibit public figures from recovering damages for the tort of intentional infliction of emotional distress if the emotional distress was caused by a caricature, parody, or satire of the public figure that a reasonable person would not have interpreted as factual.

Gannett v. DePasquale

A case in which the court found that the Sixth Amendment right to a "public trial" belongs to the defendant in a criminal case and does not guarantee the public or the press access to pretrial hearings or even to trials

Wilson v. Layne

A case in which the court held that the Fourth Amendment protection against unlawful search and seizures prohibited the police from bringing members of the news media into private homes while executing search warrants.

Papish v. Board of Curators of the University of Missouri

A case in which the court reaffirmed that public universities cannot punish students for indecent or offensive speech that does not disrupt campus order or interfere with the rights of others.

Garcetti v. Ceballos

A case in which the court ruled that public employees do not have a First Amendment protection for speech issued as part of their official duties.

Chaplinsky v. New Hampshire

A case in which the court ruled that the first amendment did not protect "fighting words"

Reed v. Town of Gilbert

A case in which the court unanimously invalidated an ordinance that treated signs differently based on their content.

New York Times Co. V. United States

A case in which the decision defended the First Amendment right of free press against prior restraint by the government.

Absolute privilege

A complete exemption from liability for defamation because the statement was made within the performance of official government duties.

Restraining Order

A court order forbidding an individual or group of individuals from doing a specified act until a hearing can be conducted

Experience and Logic Test

A doctrine that evaluates both the history of openness and the role it plays in ensuring the credibility of a judicial process to determine whether it is presumptively open

Federal Trade Commission

A federal agency created in 1914. Its purpose is to promote free and fair competition in interstate commerce; this includes preventing false and misleading advertising

Health Insurance Portability and Accountability Act

A federal law protecting against health professionals and institutions revealing individual's private medical records

Wiretapping and Electronic Surveillance Act

A federal law that makes it illegal to intercept, record, disseminate or use a private communication without a participant's permission

Family Educational Rights and Privacy Act

A federal law that protects the privacy of student education records.

Lanham Act

A federal law that regulates the trademark registration process, but also contains a section permitting business competitors to sue one another for false advertising

Opposition

A for-cause challenge stands in _______ to a peremptory challenge

Compelling Interest

A government interest of the highest order, an interest the government is required to protect

Public record

A government record, particularly one that is publicly available

Texas v. Johnson

A landmark decision of the US Supreme Court that invalidated prohibitions on desecrating the American flag

Class Action Lawsuit

A lawsuit in which a group of people with similar injuries caused by the same product or action sue a defendant as a group

Strategic Lawsuit Against Public Participation

A lawsuit whose purpose is to harass critics into silence, often to suppress the First Amendment rights of said clients; AKA "SLAPP"

Third-party doctrine

A legal concept that holds that people who voluntarily give information to third parties - such as banks or phone companies - forfeit any reasonable expectation of privacy in that information

Promissory estoppel

A legal doctrine requiring liability when a clear promise is made and relied on and injury results from the broken promise.

Search Warrant

A legal order by a judge to authorize law enforcement to search locations and seize items. Only issued with probable cause.

Indecency

A narrow legal term referring to sexual expression and expletives inappropriate for children on broadcast radio or television

Gag Orders

A nonlegal term used to describe court restraining orders that prohibit publication or discussion of specific materials

Summons

A notice asking an individual to appear at a court.

The Child Online Protection Act of 1998

A piece of legislation that has continuously been found unconstitutional; consists of overbroad restrictions against "harmful" content on the internet.

Libel-proof plaintiff

A plaintiff whose reputation is deemed to be so damaged that additional false statements of and concerning him or her cannot cause further harm.

Tarnishment

A poorly made or unsavory product using a mark similar to a famous trademark that could cause consumers to think less of the well-known product

False Light

A privacy tort that involves making a person seem in the public eye to be someone he or she is not.

Fair report privilege

A privilege for accurate and fair reports on the content of official records and proceedings.

Post-Morten

A right of publicity that generally refers to a famous person's ability to control the commercial use of his or her name, picture, likeness, voice and identity after death.

Hicklin Rule

A rule that defines material as obscene if it tends to corrupt children.

Single publication rule

A rule that limits libel victims to only one cause of action even with republications of the libel in the same outlet

Metadata

A set of data that describes and gives information about other data

Libel per se

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

Fair use

A test courts use to determine whether using another's copyrighted material without permission is legal or an infringement.

Roth Test

A test for determining obscenity that was refined several times; it was found to be ineffective and often confusing

Transformative use test

A test to determine whether the First Amendment protects a work that uses a person's name, picture, likeness, voice or identity for artistic purposes.

Artistic relevance test

A test to determine whether the commercial use of a celebrity's name, picture, likeness, voice or identity is relevant to a disputed work's artistic purpose

Predominant Use Test

A test to determine whether the defendant used the plaintiff's name or picture more for commercial purposes or protected expression.

distinctive, distinctive

A trademark will be protected only if it's ________. A trademark is __________ if it distinguishes one company's goods from another's.

Pornography

A vague (not legally precise) term for sexually oriented material

Trademark

A word, name, symbol or design used to identify a company's goods and distinguish them from similar products other companies make

derivative work

A work that is obtained from or created in relation to an original work

Alcohol, tobacco, firearms, sexually explicit materials, drugs

A________, t_______, f_______, s_______ e_____ m______, and d_____ all fall under the umbrella of "vice products"

Prior Restraint

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

Symbolic expression

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

mislead

Ad regulation is justified if the ad has a tendency or potential to ________ consumers

Native Advertising

Ads designed to resemble the editorial content of the medium where they appear

Tacking

Allows a trademark owner to slightly alter a trademark without abandoning ownership over the original mark

Government in the Sunshine Act

An act that mandates that meetings of federal government agencies be open to the public unless exempted under specific provisions of the law

Data broker

An entity that collects and stores personal information about consumers, then sells that information to other organizations

Copyright

An exclusive legal right used to protect intellectual creations from unauthorized use

Avatar

An icon or image that represents a person in a video game or other computer-generated content

Conditional privilege

Another name for fair report privilege

Federal Open Meetings Law

Another name for the "Government in the Sunshine" Act

Buckley Amendment

Another name for the Family Educational Rights and Privacy Act

prevail

Anti-SLAPP laws mandate that plaintiffs have the burden to show proof that they will ______in the lawsuit; otherwise, their suit will be dismissed.

James Madison

Author of the First Amendment; Major opponent of the Sedition Act of 1798

traditionally, open, openness, goals, functioning, proceeding

Court processes are presumed to be open if the proceeding _________ has been _________ and _______ advances the ______ and ________ of the _________ itself

Statutory Damages

Damages specified in certain laws. Under these laws, copyright being an example, a judge may award statutory damages even if a plaintiff is unable to prove actual damage

1993

During what year was World Press Freedom Day proclaimed?

Spectrum scarcity

In FCC v. Pacifica Foundation, the Supreme Court determined that, while broadcasters have First Amendment protection, their protection is limited because of _________ _________

Literary, musical, dramatic, choreographic, pictorial, audiovisual, architectural, sound recordings

L_______, m______, d__________, c________, p___________, a______v______, and a_________ works are eligible for copyright protection, as well as sound recordings

obscenity, indecency

Laws that apply to sexual expression focus on ________ and ________

Digital Millenium Copyright Act

Legislation that bans software and hardware that facilitate circumventing copyright protection technology; also prohibits removing or changing copyright information, such as the copyright owner's name

Music Modernization Act

Legislation that ensures songwriters and artists receive royalties for songs recorded before 1972 and created the Mechanical Licensing Collective to help streaming services pay copyright holders

RICO Act

Legislation that forbids the use of money earned from illegal activities to finance legal or illegal businesses or nonprofit enterprises engaged in interstate commerce

Substantiation

Support of a claim with objective data or evidence

Originalists

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

Patently Offensive

Term describing material with hardcore sexual conduct

Incorporation Doctrine

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

Virginia Board of Pharmacy v. Virginia Citizens Consumer Council

The 1976 case in which the US Supreme Court defined commercial speech

Hill v. Colorado

The 2000 case that upheld a restriction on counseling within 100-feet of "health-care facilities"

Right of Publicity

The appropriation tort protecting a celebrity's right to have his or her name, picture, likeness, voice and identity used for commercial or trade purposes only within permission

Commercialization

The appropriation tort used to protect people who want privacy

Original Jurisdiction

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

Discretion

The authority to determine the proper outcome

stand by the previous decision

The basis of common law, "stare decisis" can be literally translated into what?

Reporter's Privilege

The concept that reporters may keep information such as source identity confidential

Berne Convention

The primary international copyright treated adopted by many countries in 1886 and by the United States in 1988.

Burden of Proof

The requirement for a party to a case to demonstrate one or more claims by the presentation of evidence.

distinct

The right of a business to communicate political messages is (distinct/not distinct) from commercial speech

patently offensive, sexual, state

The second criterion of the Miller Test: The work describes, in a ________ _______ way, ________ conduct specifically defined by the applicable _______ laws

The nature of the copyright work

The second criterion of the fair use test

Safe harbor

The takedown notification provision of the Digital Millennium Copyright Act that protects internet service providers and video-sharing websites from claims of infringement when they do not know about or profit from the infringement and promptly comply with a takedown notice

World Press Freedom Day

What day is May 3rd?

After Death

What does "Post Mortem" mean?

Federal Communications Commission

What entity defines "indecency" as "language or material that, in context, depicts or describes in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs"

The United States Supreme Court

What entity defines "indecency" as "nonconformance with accepted standards of morality?"

United Nations Educational, Scientific and Cultural Organization

What is UNESCO?

Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today

What is the PROTECT Act?

Racketeer Influenced and Corrupt Organizations Act

What is the RICO Act?

#44

What rank was the United States in the 2021 World Press Freedom Index?

Infringement by inducement

When a person or entity who does not directly infringe can be held liable for inducing others to infringe

Red-flag knowledge

When an internet service provider or website is aware of facts that would make infringement obvious to a reasonable person

May 3rd

When is World Press Freedom Day

Complexity

When it comes to intellectual property law, the core principles apply even as the _______ of law increases

Transformative use

When the reuse of an original copyrighted work has transformed the work's appearance or nature to such a degree that the use is not infringing

Tim Kaine and Lindsey Graham

Which two senators introduced the International Press Freedom Act of 2021?

UN General Assembly

Who proclaimed World Press Freedom Day?

Reckless

Word used to describe actions taken with no consideration of the legal harms that might result

Fighting words

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

Arbitrary marks

Words that have ordinary meanings unrelating to the product or service

Work made for hire

Work created when working for another person or company. The copyright in a work made for hire belongs to the employer, not the creator

Statutory Law

Written law formally enacted by city, county, state and federal legislative bodies

Accidental, contributory, vicarious

______, ______, and _______ are all terms that describe types of copyright infringement

Negligence

Generally, the failure to exercise reasonable or ordinary care

Riley v. California

A case in which the Court unanimously held that the warrantless search and seizure of digital contents of a cell phone during an arrest is unconstitutional.

Cox Broadcasting Corp v. Cohn

A case in which the Supreme Court absolved a reporter from criminal and civil charges for revealing the identity of a rape victim found in a search of public documents.

Brandenburg v. Ohio

A case in which the Supreme Court established that speech advocating illegal conduct is protected under the First Amendment unless the speech is likely to incite "imminent lawless action."

Globe Newspaper Co. v. Superior Court for Norfolk County

A case in which the Supreme Court established that the First Amendment guarantees the "presumptive" right of the public and press to attend criminal trial proceedings.

Roth v. United States

A 1957 case in which the U.S. Supreme Court confirmed that the First Amendment did not protect obscene publications and materials; this case also rejected the Hicklin rule, however, and narrowed the definition of obscenity

Electronic Freedom of Information Act

A 1996 amendment to the Freedom of Information Act that applies the act to electronically stored information

Bartnicki v. Vopper

A 2001 United States Supreme Court case relieving a media defendant of liability for broadcasting a taped conversation of a labor official talking to other union members about a teachers' strike

Safe harbor policy

A Federal Communications Commission policy designating 10 p.m. to 6 a.m. as a time when broadcast radio and television stations may air indecent material without violating federal law or FCC regulations

Time/Place/Manner Laws

A First Amendment concept that laws regulating the conditions of speech are more acceptable than regulating content

Serious social value

A blanket term describing the principle that material cannot be found obscene if it has serious literary, artistic, political or scientific value determined using national standards

United States v. O'Brien

A case in which the Court found that it was not an infringement on one's First Amendment rights to criminalize burning a draft card.

Abrams v. United States

A case in which the Court found that the Espionage Act did not violate the First Amendment if the speech incited resistance to war

Bethel School District v. Vopper

A case in which the Court held that public schools have the right to prohibit the use of vulgar and offensive language.

Cohen v. Cowles Media Co.

A case in which the Court held that the First Amendment did not bar a promissory estoppel suit against the press.

Griswold v. Connecticut

A case in which the Court ruled that the Constitution of the United States protects the liberty of married couples to buy and use contraceptives without government

Negligent infliction of emotional distress

Careless breach of a duty that causes the plaintiff severe emotional harm

name, likeness, commercial, permission

Commercialization prohibits the use of another person's _____ or ____ for ________ purposes without ____________

Legislative History

Congressional reports and records of deliberations about proposed legislation

Legislative history

Congressional reports and records of deliberations about proposed legislation

Universal Declaration of Human Rights - Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Puffery

Exaggerated but generally legal subjective advertising claims that no reasonable person would take literally

Intentional infliction of emotional distress

Extreme and outrageous intentional or reckless conduct causing plaintiffs severe emotional harm

Due Process

Fair legal proceedings; Guaranteed by the 5th and 14th Ammendments

recognized, states

False lights are not ______ in all __________

Driver's Privacy Protection Act

Federal legislation that prohibits states from disclosing personal information that drivers submit in order to obtain a driver's license.

Sedition Act of 1798

Federal legislation under which anyone "opposing or resisting any law of the United States, or any act of the President of the United States," could be imprisoned for up to two years.

rejected

For cable television, local restrictions on indecent content have frequently been ________ by courts

Black-letter law

Formally enacted, written law that is available in legal reporters or other documents

Federal Rules of Civil Procedure

General rules that govern all civil proceedings in the U.S. district courts

upheld

In Roth v. United States, the Supreme Court _______ Samuel Roth's conviction for mailing sexually explicit literature

Fact Finder

In a trial, a judge or the jury determining which facts presented in evidence are accurate.

Eight

In copyright protection, there are _______ categories of eligible works

prurient, interest, redeeming, societal, importance

In its initial incarnation, the Roth Test defined speech as obscene if it appealed to __________ __________ and was without __________ _________ __________

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

Involuntary public figure

In libel law, a person who is involuntarily drawn into a given issue

All-purpose public figure

In libel law, a person who occupies a position of such persuasive power and influence as to be deemed a public figure for all purposes.

Private figure

In libel law, a plaintiff who cannot be categorized as either a public figure or a public official; required to prove negligence on the part of the defendant

Limited-purpose public figure

In libel law, a plaintiff who has attained public figure status within a narrow set of circumstances by thrusting themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved

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

Retraction statutes

In libel law, state laws that limit the damages a plaintiff may receive if the defendant has issued a retraction of the material at issue. Retraction statutes are meant to discourage the punishment of any good-faith effort of admitting a mistake.

Plaintiff, proof

In libel law, the ___________ has the burden of _______

Bootstrapping

In libel law, the forbidden practice of a defendant claiming that the plaintiff is a public figure solely on the basis of the statement that is the reason for the lawsuit.

Admonitions

Judges' instructions to jurors warning them to avoid potentially prejudicial communications

For-cause challenge

In the context of jury selection, the ability of attorneys to remove a potential juror for a reason the law finds sufficient.

Reno v. American Civil Liberties Union

In this case, the Supreme Court rejected the indecency provision of the Communications Decency Act through strict scrutiny analysis.

patent, trademark, copyright

Intellectual property law includes _______, _________, and _______ statutes.

Amicus Curiae

Interested individuals or organizations that are parties in a case

Fanciful marks

Invented marks, including made-up words; most likely to receive trademark protection

Strict Liability

Liability without fault; liability for any and all harms, foreseeable or unforeseen, which result from a product or an action.

Harmful, published, fact

Libel is a ___________, false, defamatory, __________ statement of _________ that is of and concerning the plaintiff.

Libel per quod

Libel that is actionable only when the plaintiff introduces additional facts to show defamation

de novo

Literally "new" or "over again."

Venire

Literally, "to come" or "to appear;" the location from which potential jurors are drawn

Prurient Interest

Lustful thoughts or sexual desires

Ad hoc balancing

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

Descriptive marks

Marks that describe the product or service and leave little to a consumer's imagination, and that must attach a distinctive meaning to the product or service to be trademarked

Suggestive marks

Marks that suggest a product's source or manufacturer's business, but do not describe what the product is

Deceptive Advertising

Material claims made in the promotion, advertising or marketing of products or services that are likely to deceive consumers

Secondary meaning

Meaning beyond a word's common meaning. To obtain this, the public must associate a word with a product's source or producer - not the product itself.

are

Messages designed to promote commerce (are/are not) regulable

First Sale Doctrine

Once a copyright owner sells a copy of a work, the new owner may possess, transfer or otherwise dispose of that copy without the copyright owner's permission

Executive Orders

Orders from a government executive that has the force of law

Transmit Clause

Part of the 1976 Copyright Act that says broadcast networks, local broadcasters and cable television systems perform a work when they transmit content to viewers.

Continuance

Postponement of a trial to a later time

Doctrines

Principles or theories of law that shape judicial decision making

permission, disclaimer

Soundalikes require ______ or a ______ for commercial use

Emotional Distress

Serious mental anguish

privacy, tort

Sexual expression issues may intersect with ______ and other ______ laws

Sound-alike

Someone whose voice sounds like another person's voice.

Hicklin

The Comstock Act of 1873 used the ______ rule as the primary test for determining obscenity

deceptive

The Constitution does not protect _______ advertising

has not

The FCC (has/has not) attempted to extend its broadcast indecency regulations to cable television

Corrective advertising

The Federal Trade Commission power to require an advertiser to advertise or otherwise distribute information to correct false or misleading advertisement claims

does

The First Amendment (does/does not) protect possession of obscene material in the privacy of one's own home

obscene

The First Amendment protects filmmakers and requires proof that a work is _________

not

The Hicklin test is (still/not) used today

1870

The Library of Congress was established in _________

commercial, exploration

The Supreme Court determined that commercial speech warrants reduced First Amendment protection if it does nothing more than propose a ________ transaction and is unrelated to the _______ of ideas, truth, science and the arts

Liquormart, Inc. v. Rhode Island

The WOW Case

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

Stare Decisis

The doctrine that courts follow precedent

Clery Act

The federal law that requires most universities to maintain up-to-date police logs and report campus crimes annually.

Freedom of Information Act

The federal law that requires records held by federal government agencies to be made available to the public unless covered by one of nine exemptions.

Statute of Anne

The first copyright law, adopted in England in 1710; protected authors' works if the authors registered them with the government

average person, community, prurient interests

The first criterion of the Miller Test: "The ______ ______, applying contemporary _______ standards," would find that the work appeals to ___________ ___________

Purpose and character of use

The first criterion of the fair use test

The effect on the plaintiff's potential market

The fourth criterion of the fair use test

Jurisdiction

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

Sequestration

The isolation of jurors to avoid prejudice from publicity in a sensational trial

Deference

The judicial practice of interpreting statutes and rules by relying heavily on the judgements and intentions of the administrative experts and legislative agencies that enacted the laws

Press Enterprise Co. V. Superior Court of California

The last of four cases in which the Supreme Court established a presumptive public right under the First Amendment to attend criminal trial and pretrial proceedings.

Intellectual Property Law

The legal category including copyright, trademark and patent law

1866

The length of copyright protect was first extended in ______

Contributory infringement

The participation in, or contribution to, the infringing acts of another person

ride-along

The practice of private citizens, especially professional communicators, accompanying law enforcement or emergency personnel as they carry out their duties

Ride-along

The practice of private citizens, especially professional communicators, accompanying law enforcement or emergency personnel as they carry out their duties.

publicity

The predominant use test is applied in right of _________ lawsuits.

literary, artistic, political, scientific

The third criterion of the Miller Test: The work lacks serious l_____, a_____, p_____ or s_______ value

The amount and substantiality of the portion used

The third criterion of the fair use test

Infringement

The unauthorized manufacture, sale, or distribution of an item protected by copyright, patent or trademark law.

Tortious newgathering

The use of reporting techniques that are wrongful and unlawful and for which the victim may obtain damages in court.

is

There (is/is not) First Amendment protection for commercial speech

isn't

There ______ agreement on what constitutes offensive sexual expression

Daniel Pearl Freedom of the Press Act

This act, signed on May 17, 2010, directs the State Department to include press freedom issues in future human rights reports.

Comstock Act of 1873

This legislation prohibited the mailing of obscene materials

Central Hudson Commercial Speech Test

This test states that the government may regulate advertising that is false, misleading or deceptive, in addition to advertising for unlawful goods or services; accurate advertising for legal goods and services may also be restricted based upon reasonable state interest.

Quash

To void or nullify a legal procedure or action

Communications Decency Act

Title V of the Telecommunications Act of 1996; The CDA made it illegal to knowingly transmit "obscene or indecent messages to any recipient under 18 years of age" or to make available "patently offensive messages to anyone under 18 years old."

Modify Precedent

To change rather than follow or reject precedent

Distinguish from Precedent

To justify an outcome in a case by asserting that differences between that case and preceding cases outweigh any similarities

Affirm

To ratify, uphold or approve a lower court ruling

Overturn Precedent

To reject the fundamental premise of a precedent

Overrule

To reverse the ruling of a lower court

Impanel

To select and seat a jury

impanel

To select and seat a jury

Disparaging marks

Trademarks considered immoral, disparaging or deceptive under the Lanham Act; protected by the First Amendment

Certiorari

Translates to "to be informed of"

Vicarious infringement

Under common law principles, companies are responsible for the acts of employees if the acts are within the nature and scope of their employment and the company has a financial interest in the infringement and the ability to control it

Original, meaning, different, message, First

Under the transformative use test, changing the _______ to give it new ________ or a _________ _________ justifies __________ Amendment protection

Dilution

Using a famous trademark in a way that disparages or diminishes the mark's effectiveness in the market; can be caused by blurring or tarnishment

Appropriation

Using a person's name, picture, likeness, voice or identity for commercial or trade purposes without permission

Fanciful, arbitrary, suggestive, descriptive

________, ________, ________ and ________ are all terms that describe types of trademarks

Designated public forum

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

nonpublic forum

Government-held property that is not available for public speech and assembly purposes

Equity Law

Law created by judges to decide cases based on fairness and ethics and also to determine the proper remedy

laws of general application

Laws such as tax and equal employment laws that fall within the express power of government

Vague Laws

Laws that fail to define their terms or use language so general that it fails to inform citizens or judges with certainty what the laws permit or punish

Categorical 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

Damages

Monetary compensation that may be recovered in court by any person who has suffered loss or injury

True Threat

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

Grand Jury

A group summoned to hear the state's evidence in criminal cases and decide whether a crime was committed and whether charges should be filed

As applied

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

Writ of Certiorari

A petition for review by the Supreme Court of the United States

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

Overbroad Laws

A principle that directs courts to find laws unconstitutional if they restrict more legal activity than necessary

Federalism

A principle, according to which the states are related to, yet independent of, the federal government

Tort

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

Demurrer

A request that a court dismiss a case on the grounds that, although the claims are true, they are insufficient to warrant a judgement against the defendant

Motion to Dismiss

A request to a court to reject a complaint because it does not state a claim that can be remedied by law or is legally lacking in some other way

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

Summary Judgement

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

Constitutional Law

The set of laws that establish the nature, functions and limits of government

Probable Cause

The standard of needed for an arrest or to issue a search warrant.

Remand

To send back to the lower court for further action

Content Neutral

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 the speech

O'Brien Test

A three-part test used to determine whether a content-neutral law is constitutional

Supremacy Clause

Article IV, Part 2 of the U.S. Constitution; Establishes that federal law takes precedence over state laws

Seditious libel

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

Strict Construction

Courts' narrow interpretation and application of a law based on the literal meaning of its language; especially applied in interpreting the Consitution

Traditional Public Forum

Lands designed for public use and historically used for public gathering, discussion and association

Moot

Term used to describe a case in which the issues presented are no longer "live," or in which the matter in dispute has already been resolved

Venue

The locality of a lawsuit and of the court hearing the suit

Subpoena

A command for someone to appear or testify in court or to turn over evidence, such as notes or recordings, with penalties for noncompliance

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

Intermediate Scrutiny

A standard applied by the courts to review laws that implicate, but do not directly regulate, core constitutional values

Rational Review

A standard of judicial review that assumes the constitutionality of reasonable legislative or administrative enactments and applies minimum scrutiny to their review

Amicus Brief

A submission to the court from amicus curiae

Content Based

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

Important government interest

An interest of the government that is substantial or significant, but not compelling

Memorandum Order

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

Clear and Present Danger

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

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.

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 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

Per curiam opinion

An unsigned opinion by the court as a whole

Peremptory challenge

During jury selection, a challenge in which an attorney rejects a juror without showing a reason.

Public Forum

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

Viewpoint-based discrimination

Government censorship or punishment of expression based on the ideas or attitudes expressed

Common Law

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

Textualists

Judges who rely exclusively on a careful reading of legal texts to determine the meaning of the law.

Holding

The decision or ruling of a court

Proximate Cause

The legal discrimination of whether it is reasonable to conclude that the defendant's actions led to the plaintiff's injury

Rule of Law

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

Administrative Law

The orders, rules and regulations promulgated by executive branch administrative agencies to carry out their delegated duties.

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

Appellee

The part against whom an appeal is made

Defendant

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

Appellant

The party making the appeal; also called the petitioner

Plaintiff

The party who files a complaint; the one who sues

Original intent

The perceived intent of the framers of the Constitution that guides some First Amendment application and interpretation

Facial Meaning

The plain and straightforward meaning

Judicial Review

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

Discovery

The pretrial process of gathering evidence and facts

Construction

The process by which courts and administrative agencies determine the proper meaning and application of laws, rules and regulations

Voir dire

The questioning of prospective jurors to assess their sustainability