MTSU Mass Media Law Test 1

Court of Appeals

-anyone who loses a case can appeal the decision -examine procedures and tests -may affirm the decision of lower court with majority opinion -may overrule the lower court, reversing decision

3 Parts of the O'Brien Test

-is unrelated to the suppression of speech -advances an important government interest -is narrowly tailor to only incidentally restrict 1st Amendment freedoms

Trial Courts

-where most cases begin -reach decisions by finding facts and applying existing law -only court that uses juries -do not establish precedents

How many courts of appeals are there?

13

How many are in the Supreme Court?

9 John Roberts is the chief and then 8 associate justices

How many US District courts are there?

94

Defamation

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

Six Sources of the law of Journalism and Mass Communications

Constitutions Statutes Common Law Equity Law Administrative Law Executive Orders

What are the 2 levels of appellate court

Federal and State

Actual Malice

In Libel law, a statement made knowing it is false or with reckless disregard for its truth

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

Textualists

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

What are the 3 ideologies

Liberal Justices Conservative Judges Originals

Damages

Monetary compensation that may be recovered in court by any person who has suffered loss or injury. Damages may be compensatory for actual loss or punitive as punishment for outrageous conduct

How are laws made?

Public Opinion/Member Introduces Bill/Committee Considers Bill/Committee Holds Hearing/Bill is Debated/Bill is Approved/Bill is accepted/HOR and Senate's Version of Bill is Reconciled/President signs bill into law/Law is publish as a Statute/Law is either put in US Code or directs action by federal agency

Originalists

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

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

Structure of the Judicial System

Trial Courts Courts of Appeal Supreme Court

Libel

a published false statement that is damaging to a person's reputation; a written defamation

O'Brien Test

a tree-part test used to determine whether a content-neutral law is constitutional

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

New York Times V Sullivan

adopted the actual malice test

Public Universities must support

all messages without regard to content

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

Marbury V Madision

established judicial review

Near v Minnesota

established that government -may not censor or prohibit a publication in advance -except when a communication is obscene, incites violence or reveals military secrets -and the government makes a specific showing that a prior restraint is justified

Constitutional Law

establishes nature, function, and limits of government

Common Law

judge made law composed of the principles and traditions establish through court rulings; precedent based law

Equity Law

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

Executive Orders

orders from a government executive, such as the president, a governor or a mayor, that have the force of law

Tinker v. Des Moines

students wore black armbands to protest the Vietnam War and got expelled so the parents sued, courts ruled that the students were peacefully protesting and weren't disrupting the teaching process

Administrative Law

the orders, rules and regulations promulgated by executive branch administrative agencies to carry out their delegated duties

Statutory Law

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