JRN 430 Quiz 1

Chaplinsky v. New Hampshire

(1942) The Court ruled that the first amendment did not protect "fighting words"

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Miami Herald Publishing Company v. Tornillo

A 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media.

Citizens United v. FEC

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)

Defamation

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

Civil Law

A law that governs relationships between individuals and defines their legal rights.

Common Law

A legal system based on custom and court rulings

Federalism

A principle according to which the states are related to yet independent of each other and are related to yet independent of the federal government

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Supremacy Clause

Article VI, Part 2 of the Constitution establishes that federal law takes precedence over, or supersedes, state laws

Cohens v. Virginia

Case that reinforced federal supremacy by establishing the right of the Supreme Court to review decisions of state supreme courts in questions involving the powers of the federal government.

strict construction

Courts' narrow interpretation and application of a law based on the literal meaning of its language. Especially applied in interpreting the Constitution.

Common Law

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

textualists

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

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.

proximate cause

Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.

Voire Dire

Literally, "to speak the truth"; the questioning of prospective jurors to assess their suitability.

doctrines

Principles or theories of law that shape judicial decision making (e.g., the doctrine of content neutrality).

Hazelwood v. Kuhlmeier

School newspapers can be censored by teachers and administrators

Tinker Test

Schools cannot restrict symbolic speech unless it causes a substantial material disruption. School officials' desire to avoid a substantial, material disruption. The desire of school officials to avoid the unpleasantness of an unpopular view is not enough, without substantial disruption. 3 prong test that allows government to set reasonable rules to regulate protest speech.

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

Originalists

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

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.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Elonis v. US

Threatening speech online, protected

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

over broad laws

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

Content Based

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

content nuetral

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 before publication

test

commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests.

seditious libel

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

clear and present danger test

doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly. The test was replaced in 1969 with Brandenburg v. Ohio's "imminent lawless action" test.

Due Process

fair legal proceedings. due process is guaranteed by the fifth and 14th amendments amendments to the US Constitution

contemporary prior restraint

form of censorship that allows the government to review the content of printed materials and prevent their publication. Most scholars believe that the First Amendment's guarantee of freedom of the press includes the restriction of prior restraints.

black-letter law

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

nonpublic forum

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

Designated Public Forum

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

Speeches not protected by 1st amendment

hate speech, offensive speech, fighting words, harmful images

Equity Law

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

USA Patriot Act

law passed due to 9/11 attacks; sought to prevent further terrorist attacks by allowing greater government access to electronic communications and other information; criticized by some as violating civil liberties

ad hoc balancing

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

3 types of precedent

modify, distinguish from, and overturn

Bradenburg v. Ohio

protected freedom of speech politically; KKK member can say whatever he wants as long as there's no clear and present danger

true threat

speech directed toward one or more specific individuals with the intent of causing listeners to fear for their safety

discretion

the authority to determine the proper outcome

stare decisis

the doctrine that courts follow precedent; the basis of common law, it literally means to stand by the previous decision

Jurisdiction

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

deference

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

Rule of Law

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

administrative law

the oders, 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

Judicial Review

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

construction

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

instrumentalist view

the ruling class rules by controlling political officials and institutions through money and influence

Constitutional Law

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

en banc

the term used when the full panel of judges on the appellate court hears a case

3 public forum types

traditional, designated and nonpublic

Statutory Law

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