Test #1 COMM 4454 Media Law

What is hate speech?

"Invective, written, or spoken, attacking individuals or groups because of their race, ethnic background, religion, gender, or sexual preference Printed, broadcast, painted signs that contain hate speech generally protected.

Absolutist theory?

"No Law" the 1st amendment presence an absolute protection against gov't censorship / few supreme court justices have addopted this position. / No supreme court majority has ever adopted an absolute position.

What are four criteria that must be considered to determine if prior restraint is constitutional?

#1 The rule must be content neutral, both on the face and the manner in which it is applied. #2 The law must not constitute a complete ban on a kind of communication #3 The state must articulate a substantial interest to justify this restraint on speech #4 The law must be narrowly tailored so that it furthers the state interest that justifies it, but does not retrain more expression than is actually required to further this interest.

When was the Supreme Court of the U.S. established?

(1789) Includes chief justice and 8 associate justices comprise SC (9 total) Exercises original and appellate jurisdictions

Barber v. Dearborn Public Schools (2003)

- Bretton Barber, a high school junior, wore a t-shirt to school with a photo of President George W. Bush and the words "International Terrorist"; when one student complained, Barber was asked to remove the shirt - The court, applying the Tinker precedent, found that the request was unconstitutional, noting that "students benefit when school officials provide an environment where they can openly express their diverging viewpoints and when they learn to tolerate the opinions of others"

Statutory Law

-Deal with problems affecting society -can anticipate problems -criminal laws are statutory laws -collected inn codes and law books not reports -courts determine what law means -exact meaning or words and phrases

Constitutional law

-Federal Constitution, State constitutions, city charters, etc. provide plan for establishment and organization of government Outline duties, responsibilities and powers of various element of government Guarantee certain basic rights to ppl= freedom of speech

Know the significance of the Hazelwood case (Hazelwood School District v. Kuhlmeier (1988)).

-Principal took out 2 pages of paper Teen pregnancy and divorce articles Interviews with students Censored on grounds of privacy and editorial balance SC ruled 1988 5-3 that censorship is okay -paper was part of school curriculum Tinker deals with students personal expression Hazelwood concert authority of educators over school—sponsored publications.

Are they effective?

-Used 3 times before Golf War -worked well in Libya and Iraq-Iran War

Offer a couple of examples to illustrate how press pools work and whether or not they have been successful.

-Worked poorly in Panama

Common Law

-oldest source of law. -developed in England almost 700 years ago. -INDUCTIVE SYSTEM OF LAW (SPECIFIC TO GENERAL) Not written in a book Can only provide remedy after the harm has occurred. Small individual problems

Four criteria prior restraint

1.must be content neutral 2. Complete ban on communication 3. Substantial state interest 4. narrowly tailored

How many federal appeals courts are there?

13 U.S courts of appeals

critical dates in the history of sedition law.

1735: acquittal of John Peter zinger 1791: adoption of the first amendment 1798 alien/sedition act of 1798 1917: Espionage Act 1918: Sedition Act 1919: Clear/present danger test 1st created 1927:Brandeis section test in whitney V Cali 1940: Smith Act 1951: Smith Act ruled constitutional 1957: Scope of smith act arrowed 1969: Brandenburg V. Ohion Substantially curbs sedition prosecutions

How many justices total?

9

What is prior restraint?

A form of censorship that allows the government to review the content of printed materials and prevent their publication.

What is the verdict?

A jury's findings or conclusions on the factual issues presented by a case.

Define Law

A set of rules that attempt to guide human conduct and a set of formal, governmental sanctions that are applied when those rules are violated.

Law of Equity

A system of deciding cases in which judges use their wisdom and experience to determine the fairest course of action for not only the parties involved but also society as a whole.

Legal Citation

Adderly V. Florida, 385 U.S. 39 (1966) Case Name VOL # PG# YEAR DECDED

Judgement of the court?

An official result of a lawsuit.

private property:

Backyard patio, shopping mall

What is the usual procedure when the Supreme Court hears a case?

Both sides submit legal briefs(their arguments) Oral Argument is held after justices review briefs

Who is the plaintiff?

Brings the suit

In between?

Cable TV- more than tv/radio. Less than print

What are the four criteria to distinguish among media in order to determine the level of First

Capacity of medium to carry messages Traditional relationship between gov't. And medium Pervasiveness or invasiveness of medium Accessibility of medium

Know Chaplinsky v. New Hampshire (1942).

Chaplinshy was a Jehovah's witness confrontation style Called city marshal a GD racketeer and a D Facist SC (9-0) affirmed lower court's conviction based on Fighting words doctrine

9th Amendment

Citizens entitled to rights not listed in the Constitution

designated public forum:

City-owned auditorium, meeting hall, student newspaper Gov't has greater power to use TPM rules in these places

How do college newspapers differ from high school newspapers?

College papers not part of curriculum Age of the audience (College deals with adults) Administrators encouraged by the courts to keep their hands off - school won't be held liable

First Amendment (be able to write

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

What about the internet?

Convergence is making it difficult to distinguish among media

What about criminal law suits?

Criminal prosecution or action-state brings charges agains a private person Defendants who lose can be fined, jailed or executed.

When was the First Amendment adopted?

December 15, 1791

What are the Son of Sam laws?

Deny criminals right to earn profits from books or films about their crimes Most current S of S laws are not narrowly tailored (So have hard time passing as constitutional) Laws are content-based statutes - state has to demonstrate a compelling state interest it at stake

What are the two ways a case comes before the Supreme Court? & Which is the most common?

Discussion behind closed doors Junior justice votes first, chief justice last

What are three reasons for censoring a college newspaper?

Disruption of the school (Take away from message of school) Protect students from offensive speech (Racist material) Dont want certain views attributed to the school

What are time, place and manner restrictions?

EX: Speech on mushrooms is okay -not in the middle of a busy street not okay at 3am in the neighborhood

Where did it develop?

England

Access theory?

Everyone should have the right to express his/her views via mass media

Complete ban on communication

Example of a reporter sitting outside a polling location waiting for you to come out so they can ask you questions about how you voted. If you didn't all them to do this then this would be banning communication.

Be able to give examples of administrative agencies.

FCC regulates broadcasting and other electronic communication -five members are appointed by prez. -no more than 3 can be from the same party

What are fighting words?

Face-to-face confrontation does not have same FA protection

What are trial courts?

Fact-find courts -courts first instance -where nearly all cases begin -consider facts and the law -juries may be used

Distinguish between fact and law.

Facts are what happened / law is what should be done b/c of facts Trial courts are fact-find courts

What is a demurrer?

Failure to state a claim or an allegedly unconstitutional statute.

administrative rules

Federal administrative agencies were created deal with problems that require specialized knowledge and expertise

Virginia v. Black (2003)

Freedom of Expression; Declares cross burning is protected by the First Amendment as long as the act does not have the intent to intimidate.

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

Preferred position-balancing theory?

Freedom of expression is given a preferred (special) position / Used by courts than any other theory

Meiklejohnian theory?

Freedom or expression is a means to an end (successful self-government) / Other speech should be balanced with other rights and values

Snyder v. Phelps (2011)

Held that hateful speech is still protected under the First Amendment.

Be able to describe the importance of the Pentagon Papers Case and the Progressive Magazine case in terms of prior restraint.

High court ruled 6-3 in favor of the New York Times and the Washington Post and refused to block the publication of the pentagon papers (The court did not say the times and post had a FA right to print this story just that the gov't failed to show the court why such a restraint should be imposed on the two newspapers.) Percuriam decision!

Ad hoc balancing theory?

I win free speech press right conflict with other important rights court must balance these freedoms with other values/freedom of expression is determined solely on a case by case basis

Know Whitney v. California (1927) and Justice Brandeis' sedition test and definition of clear and present danger.

In order to support a finding of clear and present danger it must be shown either that immediate serious violence was to be expected or was advocated or that the past conduct furnished reason to believe that such advocacy was then contemplated. Looses case

Judicial Branch

Interprets the laws

What is an oral argument?

Is held after justices review briefs Time limit is 30-60 mins. Important cases may allow "friends of the court" (Amici Curiae) to argue for 30 mins.

Know the significance of Near v. Minnesota (1931).

Jay N. Near and Howard Guilford, publishers of the Saturday press published articles attacking corruption in the city government and defaming leading government officials a Minnesota statute empowered courts require an obscene lewd lavish and malicious scandalous or a defamatory publication a public nuisance The Saturday press was declared a public nuisance and was enjoined from printing any further editions. U.S Sepreme court reversed decision of the courts.

Substantial state interest

Justify the restriction

Know the significance of Austin v. Keefe (1971).

Keefe real estate broker tried to stop community action from from distributing pamphlets about him. U.S. Supreme Court ruled the injunction violates FA rights and ruling reinforced Near V. Minnesota decision.

Know the Kentucky State Yearbook case and its significance (Kincaid v. Gibson (2001)).

Kentucky State confiscated and locked up the yearbook Lack of quality, not school colors, "Destination Unknown" title, lack of cations and photos, too many current event photos Appeals court ruled 2-1 in favor of the school

What is seditious libel?

Laws used to punish those who criticized the gov't or the crown.

What are the three branches of government?

Legislative, Executive, Judicial

Legislative Branch

Makes laws

Who is John Peter Zenger?

NY newspaper owner Published stunning attacks on Cosby (Colonial Governor) Jailed under an 18th century British sedition law Acquitted

8th Amendment

No cruel or unusual punishment

What is the significance of his acquittal?

No one should be jailed for publishing truthful and fair criticism of the government.

3rd Amendment

No quartering of soldiers

Forsyth County v. Nationalist Movement (1992)

Ordinance that charges more than a nominal fee (for maintenance) for the use of a public space is unconstitutional

Who is the defendant?

Party against whom suit is brought

What is summary contempt power?

Power of public institutions such as congress or a court to punish persons who show contempt for the process, orders, or proceedings of that institution.

10th Amendment

Powers Reserved to the States

public property not a public forum:

Prison, military bases, concourses leading to airport ramps, subway stations (NY), interstate rest stop (S. Dakota) Computer network (OU)

4th Amendment

Protection against Unreasonable Search and Seizure

court opinion

Reason/rationale for decision

What is judicial review?

Right of any court to declare any law or official governmental action invalid b/c it is unconstitutional Important in matters with mass media

2nd Amendment

Right to bear arms

7th Amendment

Right to jury in civil trials.

what are judicial decrees?

Rullings are judicial decrees -Judgements are not yes or no . It is left up to discretion of judges Judges fo what they think is right and fair

Know Gooding v. Wilson (1972). Know Village of Skokie v. National Socialist Party (1978).

SC emphasized that laws prohibiting fighting words be limited to words that "have a direct tendency to cause acts of violence by the person to whom individually, the remark is addressed."

Know Lovell v. Griffin (1938).

SC established the FA protect distribution/ publication of ideas, opinions, news

Know R. A. V. v. St. Paul (1992).

SC reaffirmed right of gov't to censor fighting words But said gov't could not be selective by banning only certain categories of fighting words Teens burned wooden cross in African American family's yard

Know Reno v. American Civil Liberties Union (1997).

SC ruled (7-2) that communication via the internet deserves highest level of FA protection (Like that given to books, newspapers)

What are the three categories of newspapers?

School sponsored Unsupervised Student paper produced and distributed off campus

Hazelwood dealt with which type?

School sponsored, part of journalism class What are the five criteria used to censor high school newspapers that are part of a journalism class?

Bethel v. Fraser (1986)

Schools giving disciplinary sanctions for profane language is not a violation of the 1st amendment

Appellant

Seeks reversal or modification of the decision of lower courts.

When was the U.S. Constitution ratified?

September 17, 1787

Provide examples of a traditional public forum:

Street Corners, public parks, steps on campus Lovell v. Griffin (1938) SC established the FA protect distribution/publication of ideas opinions, news

Know Schenck v. U.S. (1919)...Justice Oliver Wendell Holmes penned the first test for Clear and Present Danger.

Such a nature as to create a clear and present danger that they will bring about the substantive evils that congress has a right to prevent (it is a question of proximity and degree. Looses Case

Memorandum order?

Supreme Court announces the votes without giving and opinion (just the vote no opinion)

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

Know Brandenburg v. Ohio (1969) and how it attempted to reconcile the First Amendment and sedition law.

The constitutional guarantees freedom of speech and Free Press do not permit a state for bid or prescribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing eminent lawless action and is likely to inside or produce such actions Brandeburg Wins

Appellee

The party opposing an appeal from a lower court to an appellate court.

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

Federal Branch

To enforce laws

What is the significance of Dickey v. Alabama State Board of Education (1967)?

Troy state college newspaper editor ran blank space in protest to an editorial banned by the administration District court ruled that the state can't force student to forfeit his right to freedom of expression as a condition of attending school.

How many judges typically hear a case?

Typically 3 judge panel

How is the federal court system organized (think hierarchy)?

U.S Supreme Court > U.SCt. of Appeals (12 Cir/ +D.C.)

Per curiam opinion?

Unsigned opinion drafted by one or more members o the majority and published as the court's opinion

Wartime prior restraint has led to the use of press pools.

What are press pools? Reporters that left rear area were confined to press pools Press pools escorted bu military public affairs officers All bring and broadcast reports had to be reviews before they could be released.

What is an en banc hearing?

When most or all of judges of an appellate hear a case

concurring opinion

Written by justices who agree with the outcome of the courts opinion but not the rationale.

Dissenting opinion?

Written by justices who disagree with the majority decision.

Know Gitlow v. New York (1925) and its importance.

Yates abstract doctrine what they said was in the abstract it has to be clear Yates Wins

Must be content neutral

applies to all speech

Appellate courts?

courts that generally review only findings of law made by lower courts No jury cases heard by a panel of judges 3 or more

What is stare decisis?

let the decision stand

Narrowly tailored

narrow it

What is a precedent? Why is it important?

refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. -it is important because this is what they were using to determine the fate of the person.