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
