Media Law and Ethics Exam 1 Terms

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.

Ad hoc balancing

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

Emotional distress (and elements of)

Serious mental anguish.

True threat

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

Content based vs. content neutral laws

-Content based: A term used to describe government actions prompted by the ideas, subject matter or position of the message. -Content neutral: Used to describe government actions that incidentally and unintentionally affect speech as they advance other important government interests unrelated to the content of speech.

Branches of the government (executive, legislative, judicial)

-Executive: The president, the cabinet and the administrative agencies execute laws -Legislative: The Senate and the House of Representatives pass laws -Judicial: The three levels of courts review laws and adjudicate disputes

Public forum (traditional and designated)

-Government property held for use by the public, usually for purposes of exercising rights of speech and assembly. -Traditional: 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. -Designated: Government spaces or buildings that are available for public use (within limits).

Jurisdiction & original jurisdiction

-Jurisdiction: The geographic or topical area of responsibility and authority of a court. -Original jurisdiction: The authority to consider a case at its inception, as contrasted with appellate jurisdiction.

Textualist vs. originalists

-Textualist: Judges—in particular, Supreme Court justices—who rely exclusively on a careful reading of legal texts to determine the meaning of the law. -Originalist: Supreme Court justices who interpret the Constitution according to the perceived intent of its framers.

Writ of certiorari

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

Fair report privilege (and the elements of)

A privilege for accurate and fair reports on the content of official records and proceedings. Sometimes called "conditional privilege."

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

Libel per se

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

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

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.

Summary judgement

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

Constitutional Law

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

Remand

To send back to the lower court for further action.

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 is 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

SLAPPS

(strategic lawsuit against public participation) A lawsuit whose purpose is to harass critics into silence, often to suppress those critics' First Amendment rights.

symbolic speech

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

Memorandum order

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

Per curiam opinion

An unsigned opinion by the Court as a whole

Seditious libel

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

Peremptory challenge

During jury selection, a challenge in which an attorney rejects a juror without showing a reason. Attorneys have the right to eliminate a limited number of jurors through peremptory challenges.

Due process

Fair legal proceedings. Due process is guaranteed by the Fifth and 14th Amendments to the U.S. Constitution.

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.

Civil Suits

Involves two private individuals or organizations asking the courts to settle a conflict.

Actual malice

Knowledge of falsity or reckless disregard for the truth.

Incitement

The action of provoking unlawful behavior or urging someone to behave unlawfully

Judicial review

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

Discovery

The pretrial process of gathering evidence and facts. The word also may refer to the specific items of evidence that are uncovered.

Fighting words

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