J385 Exam 1

Court of Appeals (2)

federal courts that hear appeals from district courts; no trials

Texas v. Johnson (1989): Flag Burning Protected

flag destruction = symbolic speech, so it's protected. especially when in a political context. content regulation = unconstitutional

Executive Order

from White House. Used to CLASSIFY DOCUMENTS.

"definitional" (in Balancing of Interests)

have to prove actual malice

Cohen v. CA (1971)

"**** the Draft" on a jacket. NOT prohibited b/c a COGNITIVE and EMOTIVE element of speech, not "fighting words."

Stare decisis

"Let the decision stand" (i.e., follow the case precedent).

Section 230 Immunity

"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" (47 U.S.C. § 230)-online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. (Users can publish on youtube, vimeo.. etc)

Issues of Corporate Speech

"Speech by a corporation on issues of importance to society and that is not tied directly to the promotion of the corporation's products or services."Corps can put out commercial speech, but their content must remain true. Turns into corporate speech when it becomes transactional and money becomes involved. The First Amendment does not allow political speech restrictions based on a speakers corporate identity.

Hazelwood School District v. Kuhlmeier (1988)

"educators can exercise additional control over student speech in SCHOOL-SPONSORED expressive activities, as long as their actions are reasonably related to legitimate pedagogical concerns."

Bethel School District no. 403 v. Fraser (1986)

"given the societal interest in teaching students the boundaries of socially appropriate behavior, public schools may prohibit offensive terms."

UO Prof. K.H. Youm has just learned that the Emerald is about to publish an investigative piece about his alleged Grades for Sale scheme. He petitions Judge Brilliant of the Lane County Circuit Court in Eugene to stop the Emerald's impending publication of the knowingly false and defamatory story. Judge Brilliant rejects Youm's petition. To which court does he appeal the judge's decision?

(I THINK) U.S. Court of Appeals for the Ninth Circuit.

The Daily Emerald of the University of Oregon is protected by the First Amendment if the UO administration wants to yank critical stories on the Oregon Ducks. Signficantly, the Stanford Daily, the campus newspaper of Stanford University, is equally protected against the administrative regulations of the private university. How best can the recognition of freedom of expression by some private entities not differently than public institutions be explained?

(ITHINK?) The constitutions of Oregon and California are notably committed to freedom of expression as a right, so the UO and Stanford newspapers are treated alike.

TRUE OR FALSE: Because obscenity is outside the scope of the U.S. Constitution, it cannot be protected by the Oregon Constitution.

False

US v. O'Brien (1968): Speech

(during Vietnam War). Burning Draft Cards protected as political symbolic speech b/c aims at CONDUCT: 1. is gov't regulation within constitutional power of gov't? 2. does reg further impt. gov'tal interest? 3. is interest unrelated to suppression of speech? 4. is incidental restriction on speech no greater than essential to furtherance of that interest?

cable regulation (Structural)

-Antitrust/competition, market forces-Usually must pass intermediate scrutiny

FCC Jurisdiction:

-Broadcasting-Sattelite communication-amateur radio-telephone-Broadband

Intermediate Scrutiny

-Content-neutral restrictions: allowed if they are narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication of the information (e.g. reasonable time, place, and manner regulations)-Loud versus political speeches in the park...-Commercial speech: protected if it concerns lawful activity and is not misleading.

Obscenity

-Material deemed illegal by a court; hardcore sexual expression-indecent or offensive speech or expressionMust meet the Miller Test

Cable Access Regulations

-Must-carry rules-Leased-access restrictions: right to reject indecent programming-PEG (public-access) channels: no req't to carry PEG channels; may limit material that is obscene (provisions re explicit or promotion of unlawful conduct rejected)

Pornography

-Sexually explicit expression-Usually gets some First Amendment protection-Revenge porn: a person commits the crime of unlawfully dissemination of an intimate image if-intent to harass, humiliate -reasonably know of no consent given-other person is harassed/humilated by disclosure

Cable Regulation (Content based)

-Similar to broadcast and print regulation (e.g.,defamation and invasion of privacy)-Generally must pass strict scrutiny

Rationale for regulating broadcasts

-Spectrum scarcity-Public trusteeship-Pervasiveness (intrusive)Special Impact, esp on children

Free Press, who's protected?

1. Adults (citizens, residents, aliens) 2. Students (elementary-university) 3. Gov't Employees 4. Media vs. Non-Media Corporations 5. Soliders 6. Prisoners

Freedom of Expression Functions and Values

1. discovery of TRUTH 2. SELF-GOVERNING process 3. CHECKING value (press as "Fourth Branch") 4. SELF-FULLFILMENT 5. SAFETY VALUE for stable change 6. TOLERANCE; SELF DEFINING nature of US

Gitlow v. NY (1925)

1st time asking "can FA apply to states?". Yes. "For present purposes we may and do assume."

A case from the U.S. Supreme Court was decided in 1971. It appears on page 566 of volume 200 of the official reporter published in 1972. What is the appropriate citation form?

200 U.S. 566 (1972).

Civil Case

A case involving a noncriminal matter such as a contract dispute or a claim of patent infringement. PREPONDERANCE OF EVIDENCE.

What does en banc mean?

A court session in which the entire court (i.e., federal circuit court)—rather than a 3-judge panel—hears and participates in the determination of a case.

Intentional torts

A false statement that is material- substantially central to a persons decision;knowledge of that falsity on the part of the communicator.-intention to induce others to make economic decision based on the statement.-damages caused by reliance on that statement.-ex: intentionally hitting a person

Central Hudson Test

A four-part test used by the courts for determining restrictions on commercial speech.1. is the advertising misleading? Does it concern legal or illegal products or services?2. is the asserted gov interest (in regulating the speech) substantial?3. Does the regulation directly the asserted gov interest?4. is the regulation "not more extensive than necessary" to serve gov interests?

expressive conduct

A hybrid form of expression in which conduct, such as burning a flag, is performed in a manner intended to convey a particular message. Also called symbolic speech.

Privacy law

A law designed to protect children. It states that a child's records cannot be given to anyone other than parents without the parents' permission.

Circuit Court

ALSO CALLED "COURT OF APPEALS.." Part of federal court system-13 federal circuit courts: one for the D.C. and 12 for the rest of the country. A court that hears cases in several designated locations rather than in a single place

In Mahanoy Area School District v. B.L., the US Supreme Court ruled against MASD on the grounds that:

ANSWER = D A. B.L.'s message on Snapchat was off-campus speech. B. Because B.L.'s message was neither materially nor substantially disruptive of the school environment under Tinker. C. Because B.L.'s message was privately targeted. D. All of the above.

FCC and FTC are __________ Agencies

Administrative

Although obscenity is outside the ambit of the U.S. Constitution, it is still protected by the Oregon Constitution. Why?

Because the Oregon Constitution supersedes the U.S. Constitution when they are in conflict.

The landmark case in which the U.S. Supreme Court refined the clear and present danger test to prohibit speech that is likely to incite imminent lawless action:

Brandenburg v. Ohio.

Most to Least protected forms of speech

MOST - Political/Public LESS - Private Speech, Advertising and Indecent Speech on TV & Radio UNPROTECTED - Obscenity, false advertising, "fighting words," etc.

issues in commercial speech

Commercial speech is a form of protected communication under the First Amendment, but does not receive as much protection as free speech. It is speech that promotes some type of commerce. This subsequent commercial-speech doctrine places a high priority on protecting and maintaining truth in advertising.

Test to evaluate commercial speech

Commercial speech is protected if it concerns lawful activity and is not misleading.If so, it may only be restricted if1. there is substantial gov interest2. the regulation directly advances gov interest3. the regulation is not more extensive than necessary

What kind of law is being used when former President Trump is suing CNN for defamation? Identify the most directly relevant major source of law.

Common Law

Cable competition

Competition has led to...-Rate regulation: local franchise authorities can impose rate regulations on basic cable when they can show no effective competiton.-Ownership size limits (courts have rejected)-Vertical limits: no more than 40% of a provider's first 75 channels can be programming affiliated with the system's owner.-Horizontal limits: 30% of national subscribers-Access req's: restricted exclusive programming

Conduct and Speech

Court usually upholds right to speech/expression but not conduct.

Hop Dang, an international student, penned an op-ed for the Register-Guard critical of the US government's visa policy. He's now being charged with seditious libel as a federal crime. The UO International Office notifies that he'll be deported back to his home country, Vietnam, because the First Amendment covers American citizens only. As a J385 student, you are being asked for legal advice by Hop. What will you tell him? When answering the question, apply the relevant law or First Amendment theory as discussed in class and/or in the books or supplemental materials.

Dang's op-ed showcases political speech, which Meikejohn cogently argues is absolutely protected by FA. Criticism of the government policy is a right in America, and there's no such thing as seditious libel. His status as an int'l student is irrelevant. The Int'l Office is surprisingly misinformed about FoE101.

8 values of free expression

Discovery of Truth. ... Participation in Self-Government. ... Stable Change ("Safety Valve") ... Individual Self-Fulfillment (Self-Actualization) ... Check on Governmental Power. ... Promote Tolerance. ... Promote Innovation. ... Protect Dissent.

Justice Potter Stewart argued in 1974 that "freedom of the press" means something different from freedom of speech under the First Amendment. If his argument has been accepted, what's its implication for journalists and news media?

EITHER: American news professionals are protected by the First Amendment even when they are abroad. OR: News reporters and editors are absolutely protected regardless of whatever they publish and however they gather information in the course of their work. OR: News media are treated as a special entity of American society entitled to a public funding from the federal and state tax.

If you burn your draft card in protest of the U.S. government's "war on terrorism" policy, you may be prosecuted for violation of a relevant federal law. But the federal prosecutors must establish four factors as established in O'Brien. Which one below is not one of the factors?

EITHER: Government has constitutional power to regulate the expressive conduct. OR: Regulation advances gov't interest, albeit tangential.

Applying Brandenburg v. Ohio as precedent, the U.S. district court in Eugene upholds the UO president's action against RTL. As RTL's lawyer, you plan to challenge the federal district court's ruling. To which court will you petition for review? And on what ground?

EITHER: Oregon Court of Appeals; UO students' "upset" feeling is not the kind of compelling interest that overrides the First Amendment right against prior restraint. OR: U.S. Court of Appeals for the 9th Circuit; Brandenburg is misapplied because there's no incitement to an "imminent lawless action" as such.

In the U.S., private speech such as commercial ad is less protected than public (political) speech. If Alexander Meiklejohn's First Amendment theory prevails, how should the Supreme Court in Hazelwood School District v. Kuhlmeier have ruled?

EITHER: The newspaper stories killed by the high school principal concerned a matter of public interest, so the First Amendment was violated. OR: School press is subject to TPM (time, place and manner) regulations; therefore, the Meiklejohnian distinction of private vs. public speech is a non-issue.

T/F: Expressive conduct is allowed in a Private Place, even if it's not political.

FALSE. not allowed, BUT state constitutions vary. So idk the answer really

broadcast regulation

FCC has title iii authority under the Communications Act. There is technological scarcity (limits of usable spectrum, interference and tragedy of the commons, want to limit who is allowed to use it but potential First Amendment violation) and it is uniquely pervasive (radio is projected in public places; refer to FCC v Pacifica and 'seven dirty words'). Regulatory response is 'zoned speech' (time, place and manner restrictions), structural rules (ownership concentration; too much ownership concentration = too much power), licensing system and the trustee model, limited content rules (FCC Fairness Doctrine), regulation by raised eyebrow.

When you "brief" your appellate case, as illustrated by the sample brief on Canvas, you should summarize _____, _____, and _____ in the brief.

Facts of the case, decision/holding of the court, and reasoning of the court.

TRUE OR FALSE: Because obscenity is outside the ambit of the US Constitution, it cannot be protected by the Oregon Constitution.

False

TRUE OR FALSE: If the UO president bars the Daily Emerald from publishing a criticism of UO, for whatever reason, the UO campus newspaper has is no different from the Stanford Daily at Stanford: no First Amendment protection, because it's a campus newspaper.

False

TRUE OR FALSE: Lying is absolutely unprotected in America because it's false, whether knowingly or not.

False

TRUE OR FALSE: Seditious libel is still recognized as a compelling justification for restricting press freedom in the U.S., since Fox News' criticism of the Biden administration might defame him and thus threaten the national security of the U.S. government

False

FCC

Federal Communication Commission

FTC

Federal Trade Commission

Schneck v. US (1919): Clear and Present Danger

First case in FA. congress has right to recruit military forces to defend nation.

The U.S. Supreme Court overturned the conviction of Gregory Lee Johnson for burning an American flag in Texas because the Frist Amendment protections are also intended __________________.

For symbolic political speech.

prior restraint

Government censorship of information before it is published or broadcast.Prior restraint involves:1. Submitting all proposed publications2. To government censors3. Who exercised discretion regarding content approved for publication4. Review imposed prior to publication

Which of the following restrictions would be a reasonable time, place, and manner (TPM) restriction on expression:

I THINK D A. stopping a speech inside a library. B. stopping an anti-BLM march because citizens on the sidewalk might be offended. C. barring an anti-white supremacists rally in the EMU amphitheater because it'll provoke an anti-rally protest. D. None of the above.

A UO communication law professor was arrested yesterday on charges of downloading pornography. He said his porn downloading was part of his J385 preparation and thus protected by the First Amendment. The DA office of the Lane County counters: "The UO professor's arrest was not because of the content of what he downloaded, but because of his action of downloading porn." This case illustrates Justice Black's and YLS Prof. Emerson's First Amendment theory in action, which focuses on a distinction between ____________ and ____________.

IDK A. Protected; unprotected speech. B. Speech; conduct. C. Academic freedom; non-academic freedom. D. Strict scrutiny test; TPM regulation.

In the late 1970s, the Progressive magazine wanted to publish an article that prompted the federal government to seek an injunction against it. The Progressive case was distinguished from the Pentagon Papers case. Which of the following was not a difference?

IDK A. The First Amendment rights for a magazine like the Progressive are less than those of major daily newspapers like the New York Times. B. The Pentagon Papers were a historical study; the Progressive article was of immediate concern. C. No cogent national security concern was advanced in the Pentagon Papers case, whereas one was clearly advanced in the case of the Progressive. D. There was no specific and appropriate law cited to block the publication of the Pentagon Papers, but there was in the Progressive case.

Google blocks your access to one of its sites for your knowingly false criticism of President Biden. You challenge that Google's action is a flagrant violation of the First Amendment as prior restraint. Your J385 classmate Jonathan disagrees. Why?

IDK a. Because there is no government action involved in Google's blocking. b. Because prior restraint is presumed to be unconstitutional, but it's still available in extreme cases like c. Because access to the Internet is a human right, so your classmate's argument is patently inapposite. That is, international HR law should be used against Google. d. Because there are alternative cyber options for you, no constitutional law arguments are viable.

Balancing of Interests

INDIVIDUAL v. SOCIETAL freedom of speech/press. the judge decides a case by weighing the competing policy interests

Dictum

Incidental comment in a court opinion; not necessary to determining the legal issue at hand.

Free Speech

Individual.

Free Press

Institutional. Journalists more protected.

Action & Expression

It guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It also guarantees the right of citizens to assemble peaceably and to petition their government.

FCC Powers

Judicial power: administrative law judges hold hearings (trials)Legislative Power : adopt regulationsEnforcement power: fines, reprimands revoked or limited licenses.

Actual malice

Knowledge of falsity or reckless disregard of the truth

District Court (1)

Lowest level of fed. courts, where fed. cases begin &trials are held (bank robbery, environmental violations, tax evasion)

Conduct Expression

expression combined w/ action. protected by FA.

Types of Harmful speech - not protected

ObscenityFighting wordsDefamation (including libel and slander)Child pornographyPerjuryBlackmailIncitement to imminent lawless actionTrue threatsSolicitations to commit crimes

Per curiam

Opinion by the court, i.e., unsigned (anonymous) opinion.

Certiorari

Order from the Supreme Court to a lower court to send up the records of a case for review.

New York Times v. Sullivan, 376 U.S. 254 (1964), "254" refers to _____.

Page number of U.S. Reports.

Strict Scrutiny Test

Phase one.1. is there a compelling gov. interest?2. is the test necessary and narrowly tailored?Phase two.1. is the government regulation aimed directly at the suppression of free expression?

In Gonzalez v. Google LLC, the U.S. Supreme Court has granted certiorari to Gonzalez to review the decision of the Ninth Circuit Court of Appeals. Gonzalez and Google LLD in the SCOTUS case refer to _________ and _______, respectively:

Plaintiff and Defendant.

In America, commercial speech is less protected than ____ speech. Indeed, false advertising is unprotected, although false claims of election fraud are protected.

Political.

Dean Prosser's Torts

Privacy Torts (Common law/ State law) The publication of private info-Appropriating and individuals identity for the other's (commercial) benefit.-placing an individual in a false light in the public eye.-Publicly disclosing private facts about an individual-unreasonably intruding upon the seclusion of an individual.-"just because the story andphotograph may beembarrassing or distressful doesnot mean the newspaper cannotpublish what is otherwisenewsworthy" (Cape Pub. v.Bridges) - if it is not a matter of public

Brandenburg v. Ohio (1969): Imminent Danger

Protection from racism now required. "FA prohibits state from punishing advocacy of use of force or unlawful act unless such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action."

A few weeks ago, SCOTUS agreed to review two cases relating to freedom of cyberspeech in America. Identify the most directly relevant major source of law.

Statuatory Law

CDA §230 will be at issue in Gonzalez v. Google on Feb. 21, when SCOTUS hears oral arguments. What kind of law is being challenged in the major communication law case? Identify the most directly relevant major source of law.

Statutory Law.

US v. Alvarez (2012): Lying not a crime

Stolen Valor Act (2005) (SVA) criminalizes all false statements as long as the purpose of the lie was NOT for material gain. JUST stating things that are knowingly wrong is not a crime if there is no material gain from it.

Strict Scrutiny

Strict scrutiny:Viewpoint-based restrictions: when the government has singled out a subset of messages for disfavor based on the views expressedSubject-matter-based-restrictions: whenever the government tries to restrict speech because of its topic, rather than how it's communicated (e.g. banning speech about abortions)

Chaplisnky v. NH (1942): Protected v. Unprotected Speech

Supreme court came up w list categorizing protected and unprotected. UNPROTECTED = lewd, obscene, profane, libelous, and "fighting words" as a form of verbal assault

meeting law

The Oregon form of governmentrequires an informed public aware of thedeliberations and decisions of governing bodiesand the information upon which such decisionswere made. It is the intent of ORS 192.610 to192.690 that decisions of governing bodies bearrived at openly.

International Law

The law that governs relations among nations.

rights of reporters to gather news

Traditional public Forums:-Sidewalks, parks, etc.-Public and press enjoy a general right of accessDedicated/Limited Public Forums:-Places made available by gov-May regulate who (but not then what)

TRUE OR FALSE: Although you're an international student in J385, the First Amendment still protects you insofar as you're in the U.S., regardless of whether you're critical of the U.S. government.

True

TRUE OR FALSE: Bloggers (read: citizen journalists) are not protected against subpoenas to their confidential sources under Justice Stewart's First Amendment theory on freedom of the press.

True

TRUE OR FALSE: The Pentagon Papers case and the Watergate news reporting of the 1970s illustrate the checking value of freedom of the press in America.

True

T/F: Copyright OVERRIDES Freedom of Speech

True.

T/F: State constitutions protect THE SAME AS OR MORE as Federal.

True. Federal Constitution = your MINIMUM rights

Law of Equity

fairness. prevent someone from doing something ("injunction"). EX - prevent news media from publishing to protract fed gov't.

Prof. K.H. Youm has just learned that the Emerald is about to publish an investigative piece about his "venal" scholarship in connection with the Grades for Sale scheme. He petitions Judge Brilliant of the federal district court in Eugene to issue an injunction against the Emerald's imminent publication of the knowingly false and defamatory story. Judge Brilliant rejects Youm's petition. Which court will he appeal to against the judge's decision? Name the court.

U.S. Court of Appeals for the Ninth Circuit.

UO Prof. K.H. Youm has lost in his libel lawsuit against the LA Times. He is considering appealing from the federal district in Oregon. To which court will he appeal the US district judge's decision? Name the court.

US Court of Appeals for the Ninth Circuit.

Prior Restraint & Subsequent Punishment

Under the prior restraint approach, the government attempts to prevent disclosure entirely, whereas under the subsequent punishment method, the government imposes sanctions after the fact of publication. national security, individual interest, employment contract, NDA

In the case citation, Chaplinsky v. New Hampshire, 315 U.S. 568 (1942), the terms 315, U.S., 568, and 1942 refer to __________, __________________, __________, and _____________________, respectively.

Volume number, United States Reports, page number, date of the court decision.

Privacy

W. Parent - "Privacy is the condition of not havingundocumented personal knowledge about onepossessed by others."

how to read a legal opinion

What you should know:-The facts-The disposition (as relevant to our discussion)-The reasoning of the majority opinion-The "holding" of the case-The main arguments made in dissents/concurrences

Criminal Case

a case involving someone who is accused of committing an illegal activity BEYOND A REASONABLE DOUBT.

Dual Court System

a court system made up of both federal and state courts

O'Brien Test

a test used to determine whether a content-neutral law is constitutional.1. Is the gov regulation within the constitutional power of the gov?2. does the regulation further an important or substantial govt. interest?3. Is the interest unrelated to the suppression of free expression?4. Is the incidental restriction of free expression no greater than is essential to the furtherance of the stated gov interest?

Torts

an act or omission that gives rise to injury (invasion of legal right) or harm (loss or detriment in fact that an individual suffers) to another and amounts to a civil wrong for which courts impose liability

"ad hoc" (in Balancing of Interests)

case by case approach

Negligent torts

causing an accident by failing to obey traffic laws

Snyder v. Phelps (2011): Intentional Infiltration of Emotional Distress (IIED)

church group picketing military funeral service in protest of America's tolerance of homosexuality. family sued group for IIED, but protester's signs = protected (b/c matter of public interest, and not intended as private assault. didn't interfere w funeral itself. followed all police rules)

VA v. Black (2003): Cross Burning as True Threat

cross burning only a crime when directed at a person/family/group. OK if not intimidating or harassing someone.

Indecency

in broadcasting, language or material that depicts sexual or excretory activities in a way offensive to contemporary community standards. may not air indecent or profane programming. -broadcasters may air indecent profane programming during "Safe Harbor" hours of 10pm-6am-Clearly offensive messages-Substantial First Amendment protections in printand onlineCan be regulated in broadcast

In Chaplinsky v. New Hampshire, the U.S. Supreme Court set forth a two-tier approach to freedom of speech under the First Amendment: protected vs. unprotected. Among the unprotected types of speech the Court identified were:

lewd, profane, obscene, libelous, and "fighting words" as a verbal assault

Strict Liability torts

liability for making and selling defective products. Requires warnings or directions for safe andintended uses.

Morse v. Frederick (2007): "Bong Hits 4 Jesus"

no FA right to free speech violated the public school officials punish students speech that they "reasonably" believe promotes illegal drug use.

"Unpublished"

not officially recognized as an authoritative source. Can't cite it, but can use it.

What are the definitions of certiorari and en banc, respectively?

order from the U.S. Supreme Court to the lower court to send up the court records for review; a court session in which the entire court (i.e., federal circuit court)—rather than a 3-judge panel—hears and participates in the determination of a case.

In America, "**** the Draft" on your friend's jacket is protected because it is more important than other types of speech. As Alexander Meikeljohn argued, the First Amendment should be absolute in protecting ___________ speech, although ______________ speech can be regulated without violation of FA.

political, private.

Criminal defamation is __________ enforced against MAINSTREAM media.

rarely

5 rights of First Amendment

religion, speech, press, assembly, petition

confidential sources

reporters privledge: ...-a journalist has the right to not disclose a source except

Internet Speech on campus v. off campus

right to freedom of speech AT SCHOOL protected UNLESS "substantially disruptive" OR criticises teachers and administrators OR is a threat of health & safety. criticism of policies IS allowed.

Mahoney Area School District v. B.L (2021)

school suspended her from cheerleading for saying "**** Cheerleading". She sued and she won. speech protected b/c off campus, and no material/substantial disruption. ALSO was privately sent to a friend, NOT public.

US v. Stevens (2010): Animal Crush Video

selling videos of animal cruelty is protected by FA, UNLESS "obscene", then it is prohibited.

Common Law

state law. made by judges.

shield laws

state laws that protect journalists from having to reveal their sources

Defamation

the action of damaging the good reputation of someone; slander or libel.Slander: verbalLibel: writtenA communication is defamatory if ittends so to harm thereputation of another as to lower him in the estimation of thecommunityor to deter third persons from associating or dealingwith him"

Supreme Court (3)

the highest judicial court in a country or state. 9 justices. Takes judicial precedence over all other courts in the nation.

Absolutism

there should be no punishment for speech. absolutely protected. Political more protected than private

Last week, the U.S. Supreme Court granted certiorari to Gonzalez to review the Ninth Circuit Court of Appeals in Gonzalez v. Google. Google will most likely argue that CDA §230 will continue:

to protect freedom of the internet, as envisioned by Congress in the 1990s.

Tinker v. Des Moines (1969)

wear black arm bands at school to protest Vietnam War. school didn't allow, so sued. family won b/c DID NOT materially and substantially interfere. ACTION, NOT SPEECH