Mass Comm Law Exam #1

Six Sources of Law

1. Constitutional Law 2. Statutory Law 3. Administrative Law 4. Executive Orders 5. Common Law 6. Equity Law

Three branches of government

1. Executive 2. Legislative 3. Judicial

How many Federal Circuit Courts of Appeal are there?

12

What is the nature of the origin of the Bill of Rights?

After the American Declaration of Independence in 1776, the Founding Fathers turned to the composition of the states' and then the federal Constitution. Although a Bill of Rights to protect the citizens was not initially deemed important, the Constitution's supporters realized it was crucial to achieving ratification.

What level of speech protection do High School and college students enjoy under the First Amendment?

An equal amount as another other demographic

What is the difference between trial and appellate courts?

Appellate court is when the party makes the appeal while the trial court is where the case begins.

What is the purpose of the courts of appeal?

Courts of appeal exist to review decisions of a trial-level or other lower court and determine whether or not the decision can be changed.

What type of law does the Executive branch generate?

Law issued by the president, governors and/or mayors. These laws can classify certain records as secret or establish no-protest zones around major events.

What type of law does the Legislative branch generate?

Law issued by the senate and the House of Representatives such as a speed limit set on a highway.

What type of law does the Judicial branch generate?

Law issued by the three levels of courts who view laws and adjudicate disputes. A drunk driver will receive a penalty based on precedent law.

What interests may infringe upon First Amendment rights without violating the Constitution?

National security and the education and protection of immature children

How is "prior restraint" different from censorship?

Prior restraint is action taken by the government to prohibit publication of a specific document or text while censorship is the examination of published works and suppressed unacceptable portions.

Explicate the foundations of our First Amendment.

The First Amendment derived from a desire to prevent the U.S. government from adopting the suppressive laws of England. The Constitution's framers wanted to establish a middle ground that reprimanded content of blasphemy or libel but allowed open debate without the fear of prior restraint.

What are the implications of Public and Non-Public Forums?

The Public Forums are government properties held for use by the public to exercise rights of speech and assembly while non-public forums are not available for public speech and assembly purposes.

What is the purpose of the Supreme Court?

The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all — the Constitution.

What is the purpose of Grand Juries?

The grand jury decides whether there is probable cause to prosecute someone for a felony crime.

What is the purpose of juries?

The jurors are charged with the responsibility of deciding whether, on the facts of the case, a person is guilty or not guilty of the offence for which he or she has been charged.

What has been the court's rulings on university speech codes?

Universities are required to offer a means for students to engage in dynamic discussions of philosophical, scientific, social and political subjects in and outside the lecture halls.

time place and manner

a first amendment concept that laws regulating the conditions of speech are more acceptable than those regulating content

Hazelwood v Kuhlmeier

a landmark decision by the Supreme Court of the United States that held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression

symbolic expression

a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it

writ of certiorari

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

concurring opinion

a separate opinion agreeing with a majority opinion but applying different reasoning or legal principles

dissenting opinion

a separate opinion disagreeing with the result reached by the majority and challenge of the majority's reasoning

intermediate scrutiny

a standard applied by the courts to the review of laws that implicate core constitutional values

strict scrutiny

a test for determining the constitutionality of laws restricting speech

designated public forums

government spaces that are available for public use

civil complaint

initiates a civil lawsuit by setting forth for the court a claim for relief from damages caused

originalists

judges who interpret the Constitution according to the perceived intent of its frames

textualists

judges who rely on a careful reading of legal texts to determine the meaning of the law

traditional public forums

lands designed for public use and historically used for public gathering

content-based laws

laws enacted because of the message, subject matter or ideas expressed in the regulated speech

content-neutral laws

laws that incidentally and unintentionally affect speech as they advance other important government interests

criminal prosecution

legal proceedings against a defendant for criminal behavior

What is Ad Hoc balancing?

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

hate speech

name-calling and pointed criticism that demeans others on the basis of race, color, gender, etc.

heckler's veto

occurs when an acting party's right to freedom of speech is curtailed or restricted by the government in order to prevent a reacting party's behavior

What is the Fourth Estate?

refers to the news media, especially print journalism or "the press"

What is the law of sedition?

resistance against established order without the intent of open violence as a result

absolutist theory

the ethical belief that there are absolute standards against which moral questions can be judged, and that certain actions are right or wrong, regardless of the context of the act.

stare decisis

the legal principle of determining points in litigation according to precedent law.

plaintiff

the one who sues

defendant

the party accused

appellee

the party against whom an appeal is made

appellant

the party making the appeal

What has the Supreme Court ruled concerning cross burning?

they have banned it based on the history of racial intimidation attached to this symbol which outweighs the free speech protection of Ku Klux Klansmen or others who might it.

Brandenberg Test

to determine when inflammatory speech intending to advocate illegal action can be restricted

What is the purpose of the trial courts?

where evidence and testimony are first introduced, received, and considered.

What is meant in the law by "fighting words?"

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