Mass Media Law Test 1

Stare Decisis

"Let the decision stand"

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"

Chaplinsky v. New Hampshire (1942)

-"Fighting words" are not protected by the First Amendment -under New Hampshire's offensive conduct law it is illegal for anyone to address "any offensive, derisive or annoying word to anyone who is lawfully in any street or public place... or to call him an offensive name" -the court came to a unanimous decision

Circuit Courts

-13 circuits in the U.S. Court of Appeals -1 - 11 are referred to numerically -Court of Appeals for the District of Columbia -Federal Circuit Court of Appeals

Freedom of the Press in Colonial America

-1662 prior restraint laws -American juries were less likely to convict printers -Licensing lasted until the mid-1720s in the colonies -1734 seditious libel trial of immigrant printer John Peter Zenger (german man): most famous case of gov't censorship; it was aquitted by jury nullification -Taxation, though part of the colonial system, was often ignored by printers -no record of successful sedition law prosecution in colonial courts following Zenger case- it did not set an important legal precedent -free speech and freedom of ideas were technically allowed but unwise

The First Amendment & The Information Superhighway

-21st century adaption of the First Amendment -Content of message is generally the subject of regulation, rather than the medium -The printed press enjoys the greatest amount of freedom from government regulation -Over-the-air broadcast media such as television and radio enjoy the least amount of freedom from regulation -The SC ruled in 1997 that communication via the internet should receive the same amount of protection as the printed press, ergo the most first amendment protection

Other Federal Courts

-94 district courts -13 circuits in the U.S. Court of Appeals -Criminal and civil matters -All federal judges are appointed for life terms

Dean v. Utica Community Schools (2004)

-A district court judge found that a student-authored article questioning whether school buses were causing injury and illness to local residents was not inaccurate and therefore could not be censored under the Hazelwood "legitimate pedagogical concerns" standard -The judge found the censorship to be unconstitutional viewpoint-based discrimination

Hosty v. Carter (2005)

-Administrators at Governors State University in Illinois demanded prior review and approval of the student newspaper before publication -The case centered around whether the "legitimate pedagogical concerns" standard of Hazelwood could be applied to college newspapers -The 7th Circuit ruled that "speech at a non-public forum, and underwritten at public expense, may be open to reasonable regulation even at the college level"

Constitutional law

-Constitutions provide the plan for the establishment and organizations of congress-Outline of the duties, responsibilities, and powers of government -Guarantee basic rights to the people -Changing the constitution is extremely difficult -Considered most important source of law in the U.S. -Amendments only passed with a ⅔ majority vote in the U.S. House and Senate -27 amendments are appended to the U.S. Constitution: first 10 are bill of rights. -State constitutions can give citizens greater rights than provided by the federal constitution but they cannot take any away from the federal ones

Statutory law

-Created by elected legislative bodies at the local state and federal levels -Deals with issues affecting large groups of people -Anticipatory -Criminal laws are all statutory laws -Passage of a law doesn't signal the end of it as courts often have to be involved in determining exactly what the law entails -Statutory Construction is the interpretation of a particular statute

Writ of certiorari

-Discretionary order issued by the court when it feels that an important legal question has been raised -Petitioner has exhausted all other legal remedies -Any litigant can petition the court to grant a writ -The high court receives 7,500 petitions each year -The Rule of Four -75 - 85 cases accepted per year

State Court Systems

-Established by the constitution or legislature -Trial courts are the base of each judicial system -Courts of limited jurisdiction -A jury is most likely to be found in the trial court of general jurisdiction -Every state has a supreme court, but it is not necessarily called that -There is a level above trial courts called intermediate court or Court of Appeals, where most appeals end

Trial Courts

-Fact finding -First stop for all cases -Juries -Considers law & facts -Testimony, evidence, and witnesses

Marketplace of Ideas Theory

-Farber: "the truth seeking rationale for free expression" -whether gov't disfavors one kind of speech, it places that speech at a disadvantage, potentially interfering w/ the free marketplace of ideas" -the premise of this idealistically free and fair competition of ideas is that truth will be discovered -there will definitely be harmful/hurtful speech

Seditious Libel and The Right to Criticize the Gov't

-Frazier vs. Boomsma: man selling shirts said "Bush lied, they died w/ dead soldiers names on it" -court in AZ declared it fair, saying that was clear expression og political speech fully protected by the 1st a -abstract advocacy of violence is protected by the first a while direct incitement of imminent lawless action that is likely to occur is not -the essence of democracy is participation by citizens in the process of gov't

Know for test ch 2

-Gitlow, prior to 1925, you did not have all const. rights it was in different states -congress shall make no law -doctrine of incorporation: incorporated the BoR -14th a due process and your liberty's are all the BoR -congress means any unit of gov't -progressive magazine case

Censorship of College Newspapers

-In 2006, California passed legislation prohibiting prior restraints and censorship by university administrators of public college and university newspapers -there have been many instances to attempt censoring of advertising for controversial products or ideas -student newspaper censorship via cutting funding -under the Clergy act, all colleges that participate in federal student-aid programs are required to give timely warnings of campus crimes that represent a threat to the safety of students and/or employees -the theft of free newspapers

Equity law

-Judge-made -Difference between common law and equity law: procedures and remedies -Equity was originally a supplement to common law and was developed side by side with it -Never tried before a jury - rulings instead come in the form of judicial decrees -Much less reliant on precedents -Most common remedy in civil lawsuits is damages money -Equity allows judges to issue orders that can be preventative or remedial (such as a restraining order)

Appellate Courts

-Law reviewing -Decides if law has been applied correctly -Begins at trial level and proceed to appellate -No new evidence is presented

Communications Decency Act (1996)

-Legislation enacted by Congress to address minors' access to pornography -The U.S. Supreme Court in 1997 ruled that key provisions of the act were unconstitutional -Section 230 of the CDA created a federal immunity to any cause of action that would make ISPs liable for information originating with a third-party user of the service -The Court ruled that the internet should receive the highest level of First Amendment protection, equal to that granted to newspapers, magazines and books

Direct appeal

-Less likely to succeed -Used by states if a federal appeals court declares that a state statute violates the U.S. Constitution or conflicts with U.S. law

Pentagon Papers Case

-NYT and other articles leaked papers that revealed war strategies -gov't tried to argue the info shouldn't be published: violation of espionage statutes and unauthorized disclosure of docs deemed secret by the president -newspapers won 6-3 but prior restraint was not ruled unconst. simply that the gov't had failed to provide enough evidence of it being necessary in this case -blamed it on needing to know about troop movements -case in which the Supreme Court ruled that the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti war activists

The Supreme Court

-Oldest Federal court -Est. 1789 -Original and Appellate Jurisdiction -Receives cases either by direct appeal or writ of certiorari -May take upwards of five years to be heard -Maintaining perceived legitimacy by hearing relevant societal issues -Comprised of one chief justice and eight associate justices, all with lifetime tenure

Executive orders & administrative rules

-Orders issues by elected officers of government (executive orders) and rules generated by the administrative agencies of government at the federal, state and local levels. -Government executives (president, governors, mayors, county executives) all have more or less power to issue rules of law. This power is defined by the constitution that establishes the office. -An order from an executive who exceeds his/her power can be overturned by the legislature or by a court. Overstepping by a president would violate the separation of powers among the legislative, judicial and executive branches of government. -Laws that go beyond Congress' scope of knowledge

Civil Lawsuits

-Plaintiff brings the lawsuit -Defendant...well, defends -Statement of allegations, desired remedy, and legal theory basis -If the defendant does not respond, they lose the suit by default -Possibility for settling the case out of court -The defendant can file a motion to dismiss, or a demurrer -If facts are disputed, case is held in front of a judge and jury -Defendants are liable, not guilty -The judge provides legal guidance for the jury -In case of an appeal, the person seeking the appeal is the appellant and the other party is the appellee -Damages not awarded until defendants exhaust all their appeals

Common law

-Principles and rules of law that derive their authority not from legislation but from community usage and custom -Customs of the people used by the King's court as foundations of the law. -Considered 'discovered law' or 'judge-made' law -Ability of common law to adapt contributed to its longevity -Beneficial because it built consistency within the law, which contributes to legitimacy

Schenck v. US

-Schenck, a socialist party leader in Philly, distributed a leaflet to encourage repeal of the draft -he was arrested for violating the Espionage Act (the law that restricted individuals from undermining the war effort) -The Supreme Court unanimously upheld his conviction -"help us wipe out this stain upon the const" danger that an evil will be brought about, expect the evil

Hazelwood v. Kuhlmeier (1988)

-School newspapers can be censored by teachers and administrators as part of a journalism class if the school's actions are reasonably related to "legitimate pedagogical concerns" -includes censoring material that was ungrammatical, poorly written, inadequately researched, biased or prejudiced, vulgar, profane, or unsuitable for immature audiences"

Self-Realization/Self-Fulfillment Theory

-Speech can be inherently valuable to a person regardless of its effects on others - it is an end in itself -Expressing one's identity through speech

Tinker v. Des Moines (1969)

-Supreme Court ruled that high school students wearing black armbands to protest the Vietnam War was symbolic speech and could not be banned or punished by the school administration -"students do not shed their rights at the schoolhouse gate"

Kincaid v. Gibson (2001)

-The 6th U.S. Circuit Court of Appeals ruled administrators at Kentucky State University could not ban the distribution of the college yearbook simply because they did not approve of its content -The court ruled the yearbook was a designated public forum

Bethel School District v. Fraser (1986)

-The SC found that officials at Bethel did not violate the free speech rights of Fraser when they suspended him for making a sexually suggestive nomination speech for a fellow classmate -the court refused to apply the political speech standard in Tinker, ruling that society has an interest "in teaching students the boundaries of socially appropriate behavior" -Gave public school officials the authority to suspend students for speech considered to be lewd or indecent

Citizens United v. Federal Elections Commission (2010)

-The Supreme Court declared as unconstitutional a law prohibiting unions and corporations (both for-profit and nonprofit) from using general funds to pay for advocacy ads close to the time of an election -"Speech restrictions based on the identity of the speaker are all too often simply a means to control content"

Randall v. Sorrell (2006)

-The Supreme Court found unconstitutional a Vermont campaign-finance statute limiting both the amounts that candidates for state office could spend on their campaigns and the amounts that individuals, organizations and political parties could contribute -These expenditure limits, the court said, are "inconsistent with the First Amendment" because they were "too restrictive" and "disproportionately severe" to advancing the goals of corruption-free elections

Hate Speech & Fighting Words

-The U.S. Supreme Court created the "fighting words doctrine" -Fighting words are "those which by their very utterance inflict injury or tend to incite an immediate breach of the peace" -Fighting words may be prohibited if: -There is a face-to-face encounter -The encounter could result in an immediate breach of the peace

Buckley v. Valeo (1976)

-The U.S. Supreme Court ruled that Congress could not limit how much money candidates for federal office could spend on their campaigns -But the Court approved statutory limits on individual and organizational contributions to a candidate for federal office -Contribution limits are permissible to prevent the appearance of corruption

The Bill of Rights

-The first ten amendments to the Constitution -Created to address objections raised by anti-federalists

Absolutist Theory

-The proposition that the First Amendment is an absolute, and that government may adopt no laws whatsoever that abridge freedom of expression -"no law meant no law" -no caveats, no qualifications, no exceptions -a majority of the SC has never adopted an absolutist theory

Ad Hoc Balancing Theory

-When free speech and press rights conflict with other important rights, courts must balance these freedoms -Determined on a case-by-case basis -leads to a lot of uncertainty -not really a theory, more of a strategy

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

-Whoever places on public or private property, a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender commits disorderly conduct and shall be guilty of a misdemeanor. -Cross burned into the yard of a black family -The statute was invalid because it was not content neutral; it targeted specific kinds of hate speech-9-0 vote -The First Amendment prevents government from punishing speech and expressive conduct because it disapproves of the ideas expressed

Freedom of the Press in England

-William Caxton's 1476 printing press: no laws governing what he could not print -regulation began shortly after the Crown and Church -owners of printing presses had significant power -the printing presses broke the Crown's monopoly on information, making control of printing essential

Whitney v. California (1927)

-a founding member of the communist labor party: prosecuted under criminal syndicalism act for helping to organize a group that sought to affect economic and political change through the unlawful use of violence -Brandeis believed that counter speech, was the best remedy for this situation, rather than silencing

Preferred Position Balancing Theory

-a legal theory that says that a balance must be struck between speech and other rights, although speech has a preferred position compared to other rights -primarily used -it is very presumptuous/opinionated -forces the gov't to bear the burden of proof in any legal action challenging the censorship -city, county, state or fed. gov't must prove its' censorship is justified and not a violation of the first amendment -burden on proof is on the other

Son of Sam Laws

-about 40 states and the federal gov't have laws that stop felons from receiving money that might be earned by selling stories about their crimes -Prohibits offenders from profiting from their crime -prevent the convicted felon from expressing his or her views on any subject

Real Life Violence

-blaming movies, video games, and books -the Bradenberg test is used to determine the liability of media in inciting a perpetrator of a crime to commit illegal acts (very difficult to prove media caused the illegal act) -all laws trying to stop or hinder the purchasing or renting of video games were overturned by federal courts -"foreseeable harm"

The 1st Amendment in Schools

-deprives students of what they should rightfully see -censorship take on the aura of being good policy (the right thing for the gov't to do)

Brandenberg Test

-devised for seeing whether speech should be banned 1. directed: did the speaker intend his words to incite lawless action 2. imminent: speech in question and lawless action time close 3. lawless action: criminal statute punishing the action 4. likely: the lawless action must be substantially likely

The New Constitution

-drafted from the Articles of Confederation -gave much more power to the new federal gov't -failure to include the Bill of Rights did not sit well with the general public -not considered the first or most important right -1st a wasn't actually 1st in the BoR -when a private sector is involved

Symbolic Speech Doctrine

-ex. burning a flag -2 elements must be satisfied 1. actor: the person engaging in the conduct must intend to convey a specific message w/ his/her conduct 2. audience: must be people who witnessed the message intended by the message

Time, Place, & Manner Restrictions

-for a law to be const. rules must be 1. content neutral on their face and in their application 2. not constitute a complete ban on one kind of communication 3. justified by a substantial state interest 4. narrowly tailored to not restrain more speech than necessary to further the stated governmental interest -all fall under the intermediate scrutiny standard of judicial review -regulations regarding when, where, or how expression may occur; must be content neutral

Prior Restraint

-government censorship of information before it is published or broadcast -freedom of press should mean freedom from prior restraint -courts will not issue an injunction stopping libelous material before it occurs -courts try to not grant prior restraints, even in cases of trade secrets being revealed or stollen intellectual property -occurs if a permit is needed for a rally or demonstration

Traditional Public Forms

-highest level of 1st a protection -places long devoted to public speech such as street corners, public parks, and sidewalks

Private Property

-no 1st a guarantees -places not owned by the gov't -1974 CA exception -a state is free to adopt in its own Const individual liberties more expansive than those conferred by the fed cost

Public Property that is not public forum

-not by tradition or designation a forum for public communication -off-limits to expressive activities -prisons, military bases, airport terminals, postal service mailboxes, utility poles

Censorship of Expression in Public High Schools

-parents control of their offspring was carried over to schools as the gov't exercised this type of parental control over them -during the social upheaval of the 1960s and 1970s, students began to assert their constitutional rights and in several important decisions the fed courts acknowledged these claims

Meiklejohnian Theory

-philosopher thought that freedom of expression is a means to end and that end is successful self-government -"the voting of wise decisions" -expression that relates to the self-governing process must be protected absolutely by the 1st a -critics argue it is not clear whether expression pertains to self-government (public speech) or to other interests (private speech)

Designated Public Forms

-places created by the gov't for expressive activities a) city owned auditoriums, fairgrounds, community meeting halls, -the gov't must have an affirmative intent to create a public forum in order for a designated public forum to arise -intent may be determined by a) explicit expressions of intent b) actual policy and history of practice in using the property c) natural compatibility of the property w/ expressive activity

Near v. Minnesota (1931)

-publishers of the Saturday Press produced issues wherein they attacked city gov't verbally and defamed many of the officials -very important case in American law b/c it stands for the fact that prior restraint is permitted only in very unusual circumstances -if you talk bad about Gitlow then its considered public nussence

strict scutiny

-requires the gov't to prove a compelling interest (not simply a substantial state interest) and that the statue restricts no more speech than is absolutely necessary to serve that interest -a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional

Most Common Causes for Book Banning

-sexually explicit -offensive language -material unsuited for an age group -violent content -homosexual content

Simon & Schuster v. Crime Victims Board (1991)

-the 2nd circuit court ruled the purpose of the laws were not to suppress speech but to ensure criminals did not profit from the exploitation of victims -the SP disagreed, ruling that the son of sam law in this case was not narrowly drawn to restrict as little speech as possible; since then, other properly written laws have been approved -Court ruled unconstitutional state laws designed to prevent persons who have committed crimes from unjustly profiting from their stories. Court said the NY law in question was content based in that it singled out income from works recounting crimes.

Pitts News v. Pappert (2004)

-the 3rd circuit court of appeals fueled a PA law that banned ads containing references to "the availability or price of alcohol" in newspapers was unconst. b/c no connection between the ads and underage drinking could be made -ruled it "impermissible restriction on commercial speech"

Fredrick v. Morse (2007)

-the 9th circuit court applied the Tinker standard, noting there was no substantial material disruption of educational activities when the banner was unfurled -the SC ruled that his first a's rights were not violated and that "schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use"

Prior restraints & Protests

-the SC ruled: cities may not bar residents from posting signs on their own property -a buffer zone created between abortion clinics and protestors is const. if the zone is small or if there is a narrowly tailored restriction on the size of duration of the demonstrations

Freedom of Expression in the 18th Century

-the const. continues to be relevant bc the SC helps to adopt it to changing times while retaining the original intent: not bound by its' original intent -most everyone agrees that freedom of expression meant at least the right to be free from prior restraint or licensing

Access Theory

-the notion that freedom of expression is skewed in favor of those who have the most economic resources (owners of newspapers/broadcasting stations) -it can be seen as a remedy to correct some of the flaws of the marketplace of ideas

Justice Frank Murphy's two-tier First Amendment theory

-well defined and narrowly limited categories of speech fall outside the bounds of constitution protection -the lewd, obscene, profane, slanderous, insulting, or fighting words neither contributed to the expression of ideas nor possessed any "social value" in the search of truth

Heckler's Veto

-when a crowd or audiences reaction to a speech or message is allowed to control and silence that speech -public setting: here to protect the speaker

Their handbills, pamphlets or newspapers

-widespread printing helped foster the democratic spirit trying to prohibit: political speech and seditious libel***

The Role of Precedent (Following precedent is not always the proper way to proceed)

1. Accept/follow: adopt precedent is not always the proper way to proceed 2. Modify/update: modification of precedent in order to have it correspond more accurately w/ circumstances or society 3. Distinguish: identify the differences from current cases if facts or issues are not the same 4. Overrule: declare that the prior decision was wrong and thus no longer law -happens most often with changes in factual knowledge/circumstances concerning case, changes in social mores/values and/or changes in judges/justices on the court.

The First Amendment

1. Adopted in 1791 as part of the Bill of Rights 2. Lack of gov't controlled censorship

The Federal Court System

1. Cases that arise under the US Constitution, US Law and US Treaties 2. Cases that involve ambassadors and ministers, duly accredited, of foreign countries 3. Cases that involve admiralty and maritime law 4. Cases that involve controversies when the United States is party to the suit 5. Cases that involve controversies between two or more states 6. Cases that involve controversies between citizens of different states

Arguing that a statute violates the first amendment

1. Facial attack - addressing problems with the wording 2. As-applied attack - addressing problems with actual application

Before a high school newspaper can be censored, two questions must be asked

1. Is the newspaper published at a private or public school? 2. What kind of newspaper is it? a) school sponsored, funded by the school for journalism class b) student controlled and produced on campus as an extra-curricular c) student newspaper produced and distributed off campus

Types of Supreme Court Opinions

1. Opinion of the Court (majority opinion) 2. Concurring Opinion 3. Dissenting Opinion (minority opinion) 4. Plurality Opiniona. 4-2-3 5. Per Curiam Opinion (unsigned opinion) 6. Memorandum Order

Guidelines for Prior Restraint

1. Prior restraint on speech by the government is presumptively unconstitutional 2. The burden of proof falls on the gov't 3. The scope of restraint must be very narrow, in order to only satisfy the compelling interest and not restrict ant other part of speech 4. Speech that falls outside of the 1st a can be restrained by the gov't but only after a judicial proceeding

The Meaning of Freedom

1. The power of the state to limit criticism or published attacks on the gov't 2. The power of the state to use taxation to censor the press 3. The power of the gov't to forbid the publication of ideas or information it believes to be harmful

Courts overturning executive orders

1.If the original act that established the commission or agency is unconstitutional 2.If the commission or agency exceeds its authority 3.If the commission or agency violates its own rules 4.If there is no evidentiary basis whatsoever to support the ruling

The First Amendment provides Freedom of...

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

The Judicial System

52 Judicial Systems -Federal -States -D.C. -Legislative -Executive -Judicial -Trial -Appellate

Overbreadth Doctrine

A law is overbroad if it does not aim only at problems within the allowable area of legitimate government control but also sweeps within its ambit or scope other activities that constitute and exercise of protected expression. -Erznoznik v Jacksonville (1975)

When the Supreme Court issues a concurring opinion in a case, it means that: A) At least one justice has agreed with the outcome of the majority's decision but disagrees with the majority's reasoning. B) At least one justice has disagreed with both the outcome and reasoning of the majority opinion. C) The Court failed to reach majority consensus. D) The Court refused to hear the case and remanded it back for lower court review.

A) At least one justice has agreed with the outcome of the majority's decision but disagrees with the majority's reasoning.

A new problem not addressed by the Court's rulings in cases such as Tinker, Hazelwood, and Bethel is: A) Attempted school censorship of speech created by students off campus, on their own computers, and posted on the Internet or via social media. B) The ability of a school to censor the speech of its teachers and other employees. C) The differences in standards between schools across the country. D) The fact that students are maturing faster than in previous generations.

A) Attempted school censorship of speech created by students off campus, on their own computers, and posted on the Internet or via social media.

In comparison to one another, which of the following media outlets has generally received the least amount of First Amendment protection? A) Broadcasting B) Cable C) Print D) Telephony

A) Broadcasting

Which source of law was named to distinguish itself from church law? A) Common law. B) Equity law. C) Constitutional law. D) Tribunal law.

A) Common law.

Unlike the Supreme Court in the Pentagon Papers case, a federal district court found the government in U.S. v. Progressive (1979): A) Could prevent publication because release of the material would likely cause a direct, irreparable injury to the nation. B) Could not demonstrate a national security interest. C) Allowed the publication of information to occur because it did not have specific legal authority to classify documents. D) None of the above.

A) Could prevent publication because release of the material would likely cause a direct, irreparable injury to the nation.

A legitimate substantial governmental interest behind the prohibition of all leafleting and solicitation in the main passageways of a public bus terminal might include the local transit authority's desire to: A) Ensure passengers can make transfers and board buses. B) Distance itself from any association with the content of flyers or solicitors. C) Keep its premises free of litter and trash. D) All of the above.

A) Ensure passengers can make transfers and board buses.

The British legal scholar William Blackstone defined freedom of the press as: A) Freedom from prior restraint by government. B) Freedom from lawsuits, no matter what is printed. C) The ability to print so long as the public would buy the newspaper. D) None of the above.

A) Freedom from prior restraint by government.

The purpose of the "Leonard Law" in California is to: A) Give private school students the same speech rights as public school students. B) Create criminal penalties for those who steal free newspapers on college campuses. C) Restrict advertisements for alcohol in college newspapers. D) Give the press access to military bases in the state in order to photograph soldiers' coffins.

A) Give private school students the same speech rights as public school students.

A law may be found to be vague on the basis that it: A) Is too difficult to clearly tell what activity is allowed and what is prohibited. B) Limits more activity than necessary to address the problem. C) Restricts only the activity that is absolutely necessary to address the problem. D) Fails to limit enough activity to effectively remedy the problem.

A) Is too difficult to clearly tell what activity is allowed and what is prohibited.

In Hazelwood, how did the Supreme Court utilize the precedent established in Tinker v. Des Moines (1969)? A) It distinguished Hazelwood from Tinker. B) It modified Tinker. C) It accepted Tinker. D) It overruled Tinker.

A) It distinguished Hazelwood from Tinker.

In a 1992 case, the Supreme Court struck down a St. Paul, Minn. ordinance that forbade, among other things, the display of a burning cross or display of a Nazi swastika, ruling that: A) Laws may not selectively ban certain categories of fighting words and hate speech. B) Laws may selectively ban certain categories of fighting words and hate speech. C) Burning a cross or flag on someone else's private property is considered a symbolic act that is protected by the First Amendment. D) Speech codes may be issued to prevent harassment on the basis of race, gender, religion, and sexual orientation.

A) Laws may not selectively ban certain categories of fighting words and hate speech.

What is one of the main reasons why administrators may censor the high school press? A) Many publications are considered to be school-sponsored and part of the learning curriculum. B) Parents are generally supportive of giving autonomy to administrators to maintain the school's reputation. C) Minors do not possess any First Amendment rights. D) All of the above.

A) Many publications are considered to be school-sponsored and part of the learning curriculum.

As a result of the Supreme Court's ruling in Island Trees v. Pico (1982), school boards: A) May be successful in removing library books if they raise legitimate concerns about educational suitability. B) May remove books from the library, solely on the basis of ideology. C) Are prohibited from removing books from the library. D) May place time, place, and manner restrictions on the availability of controversial books.

A) May be successful in removing library books if they raise legitimate concerns about educational suitability.

Unlike statutes, common law generally deals with: A) Resolving issues involving individual disputes. B) Addressing larger social concerns. C) Devising a remedy to anticipate and prevent problems. D) Creating amendments to the U.S. Constitution.

A) Resolving issues involving individual disputes.

Courts that have considered legislation limiting minors' access to video games depicting violent images have: A) Struck down the laws as violating the First Amendment right of free speech. B) Declared that video games are not "speech" protected by the First Amendment. C) Declared that video games are "speech" protected by the First Amendment, but have also held that the interactive, player-controlled nature of video games gives them less First Amendment protection than movies and books. D) None of the above is correct.

A) Struck down the laws as violating the First Amendment right of free speech.

Gitlow v. New York (1925) is an important case for all Americans because: A) The Supreme Court determined the Fourteenth Amendment requires states to adhere to the fundamental liberties guaranteed under the U.S. Constitution. B) Gitlow successfully refuted his sedition charge through the doctrine of incorporation. C) Gitlow's appeal was denied, thereby leading to the prosecution of other socialists who distributed militant propaganda. D) The Supreme Court ruled that some portions of the U.S. Constitution apply equally to state and federal law.

A) The Supreme Court determined the Fourteenth Amendment requires states to adhere to the fundamental liberties guaranteed under the U.S. Constitution.

Which institution has primary control over what the First Amendment means today? A) The U.S. Supreme Court. B) Congress. C) Federal district and appellate courts. D) No institution has significant control over the First Amendment's meaning.

A) The U.S. Supreme Court.

The text cites four rules that are important to understand when reviewing prior restraint cases involving the government. Which of the following is not one of these? A) The government is presumed to have the best interests of the citizens in mind at all times. B) Prior restraints by government are presumptively unconstitutional. C) The government's high burden of proof includes proving a compelling interest. D) The scope of any prior restraint must be very narrow.

A) The government is presumed to have the best interests of the citizens in mind at all times.

Near v. Minnesota (1931) is a landmark ruling because the Supreme Court determined: A) The government may exercise prior restraint, specifically when the nation is at war or the material in question is obscene or incites violence. B) States have the right to prohibit the publication of material that is deemed to be a public nuisance in order to protect the well being of its citizens. C) Prior restraints are forbidden unless they occur during wartime. D) All prior restraints are unconstitutional.

A) The government may exercise prior restraint, specifically when the nation is at war or the material in question is obscene or incites violence.

What is a main difference between trial courts and appellate courts? A) Trial courts find facts, while appellate courts review the application of law. B) Trial courts review the application of law, while appellate courts find facts. C) Both trial and appellate courts play dual roles in ascertaining facts and applying law. D) Trial courts are more important in setting precedent.

A) Trial courts find facts, while appellate courts review the application of law.

If you came across New York Times Co. v. Sullivan, 376 U.S. 254 (1964), you would realize from its citation that: A) You may find the Supreme Court's opinion for the New York Times' appeal against Sullivan in volume 376, page 254 of United States Reports. B) You may find the Supreme Court's opinion for the New York Times' appeal against Sullivan in volume 254, page 376 of United States Reports. C) You may find the Supreme Court's opinion for Sullivan's appeal against the New York Times in volume 376, page 254 of United States Reports. D) You may find the Supreme Court's opinion for Sullivan's appeal against the New York Times in volume 254, page 376 of United States Reports.

A) You may find the Supreme Court's opinion for the New York Times' appeal against Sullivan in volume 376, page 254 of United States Reports.

Which of the following statements best characterizes the legal relationship between an individual state and the federal constitution? A) Depending on jurisdiction, a particular law may be compliant with a state constitution but not the U.S. Constitution. B) A state constitution may give more rights to citizens than those guaranteed under the U.S. Constitution. C) The U.S. Constitution and all state constitutions possess equal power. D) It is much easier to amend the powers of the U.S. Constitution than a state constitution.

B) A state constitution may give more rights to citizens than those guaranteed under the U.S. Constitution.

Prior restraint refers to the government: A) Censoring material that has already been published and distributed. B) Barring the publication of information, also known as prepublication censorship. C) Restraining the press from gathering news and information. D) Both A and B are correct.

B) Barring the publication of information, also known as prepublication censorship.

In Kincaid v. Gibson (2001), the 6th U.S. Court of Appeals found the Kentucky State University administration's withholding of yearbooks to be: A) Constitutionally permissible because Hazelwood was applied to the college press. B) Censorship prohibited by the First Amendment. C) Justified on the basis of poor overall yearbook quality, including grammatical errors and the use of non-school colors on the cover. D) Allowed within the legitimate parameters of the public forum doctrine.

B) Censorship prohibited by the First Amendment.

In terms of legal terminology, when an individual files an invasion of privacy suit against a reporter, the reporter becomes the: A) Plaintiff. B) Defendant. C) Respondent. D) Appellant.

B) Defendant.

The clear and present danger test articulated by Justice Holmes in Schenck v. U.S. (1919): A) Protected speakers who were charged with sedition. B) Failed to overturn lower-court sedition convictions. C) Is regularly used today as the legal test for sedition. D) Became the basis for repealing both the Alien and Sedition Acts.

B) Failed to overturn lower-court sedition convictions.

If a citizen living in Minnesota brings forth a libel suit against a television station in Iowa, what type of jurisdiction would be involved? A) State B) Federal C) Original D) Appellate

B) Federal

Which statement best characterizes freedom of speech practices in early America? A) Free speech was the hallmark of liberty and encouraged in all areas regardless of individual differences and beliefs. B) Free speech often occurred between people who held the same beliefs within pockets of villages and small towns. C) Free speech did not exist until the arrival of the First Amendment. D) Censorship was forbidden by local communities but existed under colonial rule.

B) Free speech often occurred between people who held the same beliefs within pockets of villages and small towns.

A local time, place, and manner restriction prohibiting all rap music concerts in a city would probably be: A) Permissible under the First Amendment because it still allows other music to be performed. B) Impermissible under the First Amendment because it is a content-based restriction. C) Permissible under the First Amendment, but only if directed at public forums. D) Permissible under the First Amendment because the ordinance is narrowly tailored.

B) Impermissible under the First Amendment because it is a content-based restriction.

In terms of the thinking process that's involved, common law represents: A) Deductive logic. B) Inductive logic. C) Utilitarian logic. D) Both A and B are correct.

B) Inductive logic.

In Bethel School District v. Fraser (1986), the Supreme Court determined: A) Political expression is protected by the First Amendment and should be encouraged within schools. B) Lewd or indecent expression to be inappropriate within schools and may result in disciplinary action. C) School administrators may not censor publications on the basis of specific content. D) Students do not have to adhere to dress codes.

B) Lewd or indecent expression to be inappropriate within schools and may result in disciplinary action.

A law may be found to be overbroad on the basis that it: A) Is too difficult to clearly tell what activity is allowed and what is prohibited. B) Limits more activity than necessary to address the problem. C) Restricts only the activity that is absolutely necessary to address the problem. D) Fails to limit enough activity to effectively remedy the problem.

B) Limits more activity than necessary to address the problem.

The access theory of free speech can be seen as a remedy for correcting flaws in which other theory of free speech? A) Meiklejohnian theory. B) Marketplace of Ideas theory. C) Self-Realization/Self-Fulfillment theory. D) Historicism theory.

B) Marketplace of Ideas theory.

Given existing case law, successfully holding the media responsible for someone else's illegal conduct is: A) Relatively easy and has led to many out-of-court settlements. B) Nearly impossible and rare. C) Generally considered to be a fifty-fifty proposition. D) Difficult, but occurring more often, especially with the rise of violent content in mass media and on the Internet.

B) Nearly impossible and rare.

As a result of the case of Hazelwood v. Kuhlmeier (1988), more than a half dozen states have: A) Eliminated student newspapers for middle school students. B) Passed statutes granting student-journalists a fuller guarantee of freedom of expression than granted by the Court in Hazelwood. C) Put the language from the Hazelwood ruling into their state laws, limiting the student press. D) Joined to form an organization designed to protect student journalists.

B) Passed statutes granting student-journalists a fuller guarantee of freedom of expression than granted by the Court in Hazelwood.

The text cites four examples of speech that falls outside the scope of First Amendment protection. Which of the following is not one of these? A) Obscenity. B) Political Speech. C) Child Pornography. D) False Advertising.

B) Political Speech.

The case of Tinker v. Des Moines Independent Community School District (1969) concerned which of the following forms of protest: A) Interruption of a school assembly by a group of students who held signs. B) Silent protest involving the wearing of black armbands. C) An organized walkout by students during a speech by the state's governor. D) A student-led choir singing anti-war songs at the school's holiday concert.

B) Silent protest involving the wearing of black armbands.

In Virginia v. Black (2003), the Supreme Court reviewed a law concerning cross-burning and determined: A) State cross burning statutes are unconstitutional under the First Amendment because they target symbolic speech. B) State cross burning statutes that make it a crime to burn a cross with the purpose to intimidate a victim are constitutional under the First Amendment. C) State governments may not induce greater penalties against offenders who commit crimes on the basis of hate. D) None of the above.

B) State cross burning statutes that make it a crime to burn a cross with the purpose to intimidate a victim are constitutional under the First Amendment.

The John Peter Zenger trial in 1734: A) Established precedent that effectively prohibited sedition prosecutions. B) Stood as a political triumph against sedition in early colonial America. C) Provided American printers with legal recourse to prevent control by the British monarchy. D) Marked the first time that an American printer was sentenced for life imprisonment.

B) Stood as a political triumph against sedition in early colonial America.

In Pitt News v. Pappert (2004), a federal appellate court: A) Struck down as unconstitutional a law criminalizing the theft of college newspapers. B) Struck down as unconstitutional a law restricting alcohol ads in college newspapers. C) Upheld as constitutional a law treating college newspapers like high school newspapers. D) Upheld as constitutional a law restricting political signs in college dormitories.

B) Struck down as unconstitutional a law restricting alcohol ads in college newspapers.

In the landmark case of Tinker v. Des Moines Independent Community School District (1969), the Court held that First Amendment rights of students can be limited by a school if: A) The subject of the speech might upset other students. B) Substantial disruption of or material interference with school activities is anticipated. C) The school does not agree with the content of the speech. D) The speech takes place on school property.

B) Substantial disruption of or material interference with school activities is anticipated.

Courts may overturn decisions made by administrative agencies like the Federal Communications Commission when: A) The agency has gathered too much information on which to make its decision. B) The courts determine the agency has exceeded its authority. C) The courts believe the agency does not possess the necessary expertise to carry out its day-to-day responsibilities. D) The agency receives too much lobbying from special interest groups.

B) The courts determine the agency has exceeded its authority.

The Pentagon Papers case resulted in: A) A significant victory for the government to bar the publication of top-secret military information. B) An important legal precedent that forbids prior restraint of material which is not essential to preserve national security during wartime. C) A minor victory for the press, for it did little legally to strengthen First Amendment protections. D) A significant victory for the press that lead to the publication of the Pentagon Papers, as well as the declassification of other government documents.

C) A minor victory for the press, for it did little legally to strengthen First Amendment protections.

Which legal test is used by courts to determine the fate of wrongful death and negligence claims that are levied against a specific book, record, or film? A) Clear and present danger B) Marketplace of ideas C) Brandenburg D) None of the above

C) Brandenburg

As a result of the Supreme Court's decision in Madsen v. Women's Health Center (1994), a case concerning protestors at a Florida abortion clinic: A) Protestors may demonstrate as long as they are on public property. B) Picketing may be completely banned to preserve the well being of employees and patients at abortion clinics. C) Buffer zones may be implemented between protestors and the establishments being picketed as long as the zone is no larger than necessary to serve the governmental interest. D) Buffer zones may be extended beyond establishments to include the homes of medical personnel.

C) Buffer zones may be implemented between protestors and the establishments being picketed as long as the zone is no larger than necessary to serve the governmental interest.

Under the guidance of statutory construction, judges: A) Ignore past precedent to provide a contemporary remedy. B) Create and file bills with legislators. C) Consider the legislative intent of a statute to determine its meaning. D) Overturn existing legislation through the awarding of damages.

C) Consider the legislative intent of a statute to determine its meaning.

If someone claims that their free speech rights have been violated, what type of law are they likely challenging? A) Administrative law. B) Executive law. C) Constitutional law. D) Equity law.

C) Constitutional law.

A primary goal of free speech under the marketplace of ideas metaphor is: A) Successful self-government. B) The voting of wise decisions. C) Discovery of the truth. D) Providing an outlet for discontent among citizens in order to prevent violence.

C) Discovery of the truth.

A corporation requesting a restraining order to bar the publication of damaging material would be seeking: A) Constitutional law. B) Executive law. C) Equity law. D) Common law.

C) Equity law.

The concept of net neutrality suggests: A) Only neutral content--rather than partisan political content--should be available to minors on line. B) Discrimination by an Internet service provider in favor of its own applications and products is acceptable. C) Internet service providers should treat all broadband traffic similarly. D) Internet service providers have a duty to monitor--and limit, as needed--broadband traffic in order to let more people have access to the Web.

C) Internet service providers should treat all broadband traffic similarly.

Why is the power of judicial review important to the notion of a free press? A) It allows judges to enforce gag orders against the media. B) It provides journalists with the ability to critique court decisions. C) It enables courts to strike down laws that infringe upon the U.S. Constitution. D) It gives Congress the power to overturn court cases by enacting legislation.

C) It enables courts to strike down laws that infringe upon the U.S. Constitution.

The theory of the First Amendment that purports to protect and uphold all self-governing speech which is necessary for democracy is known as the: A) Ad hoc balancing theory. B) Preferred position balancing theory. C) Meiklejohnian theory. D) Access theory.

C) Meiklejohnian theory.

The text suggests that judges in recent years have given greater deference to school officials in limiting student speech and expression in light of: A) The aftermath of the terrorist attacks on America in 2001. B) The advent of the Internet and smartphones. C) School shootings like those at Columbine in 1999. D) The growing number of students who have abused their free speech rights.

C) School shootings like those at Columbine in 1999.

When a court distinguishes a precedent, it: A) Takes into account contemporary circumstances to change an existing precedent. B) Emphasizes the significance of a particular precedent to the rest of society. C) Signifies a situational difference between the facts of the current case and that of the precedent. D) Completely disregards existing precedent to make its decision.

C) Signifies a situational difference between the facts of the current case and that of the precedent.

Pruneyard Shopping Center v. Robins (1980) stands as an important precedent because the Supreme Court ruled that: A) Shopping malls constitute public forums under the First Amendment. B) Shopping malls constitute private forums under the First Amendment. C) State constitutions may expand freedom of speech in shopping malls and other forums beyond what is guaranteed by the First Amendment. D) None of the above.

C) State constitutions may expand freedom of speech in shopping malls and other forums beyond what is guaranteed by the First Amendment.

Which source of law is derived from legislation? A) Judicial B) Equity C) Statutory D) Common

C) Statutory

Upon reviewing its initial decision in Planned Parenthood v. American Coalition of Life Activists (2002), how did the 9th U.S. Circuit Court of Appeals rule regarding whether the First Amendment protects an anti-abortion activist website that referred to abortion physicians as "baby butchers" and struck out the names of such doctors who had been murdered? A) The First Amendment protected the web postings because there was no direct proof of imminent lawless action against abortion physicians and supporters. B) The First Amendment offers greater protection to content on the Internet than it does to traditional forms of printed expression, even if such speech leads to imminent lawless action. C) The First Amendment did not protect the web postings because they were found to directly threaten both abortion physicians and patients. D) The First Amendment did not protect the web postings because they were found to be obscene.

C) The First Amendment did not protect the web postings because they were found to directly threaten both abortion physicians and patients.

The controversy surrounding student Bretton Barber's right of free speech centered on his: A) Wearing of a black armband to protest the war in Iraq. B) Wearing of a black armband to protest the war in Vietnam. C) Wearing of a t-shirt with an anti-George W. Bush message. D) "Dark Poetry" handed to a fellow student that threatened other classmates.

C) Wearing of a t-shirt with an anti-George W. Bush message.

The most common manner for a case to be heard by the U.S. Supreme Court is through: A) Direct Appeal. B) Original Jurisdiction. C) Writ of Certiorari. D) Amici Curiae.

C) Writ of Certiorari.

The concept of jury nullification refers to which one of the following? A) A judge's decision to nullify a jury's verdict in a civil case. B) A judge's decision to nullify a jury's verdict in a criminal case. C) A decision by a jury in which the members cannot agree on a verdict. D) A decision by a jury to ignore the law and to follow its conscience.

D) A decision by a jury to ignore the law and to follow its conscience.

The ruling in Hazelwood v. Kuhlmeier (1988) pertained to which of the following types of publications? A) A newspaper produced on the school's campus as part of an extracurricular activity. B) A newspaper produced and distributed off campus. C) Comments made by a student on a non-school web page. D) A school-sponsored newspaper which is part of the school's curriculum.

D) A school-sponsored newspaper which is part of the school's curriculum.

Regulations pertaining to advertising and broadcasting fall under which type of law? A) Constitutional B) Statutory C) Common D) Administrative

D) Administrative

Executive orders and declarations may be issued by: A) The President of the United States. B) The Mayor of New York City. C) The Governor of Florida. D) All of the above.

D) All of the above.

Fearing the power of an unrestricted printing press during 1476-1776, the British Crown: A) Required individuals to obtain a license and get prior approval before printing materials. B) Forced printers to deposit large sums of money in the form of bonds. C) Made it a crime to criticize the government in print. D) All of the above.

D) All of the above.

The clear and present danger test articulated by Justice Brandeis in Whitney v. California (1927): A) Required that immediate, serious violence was expected or advocated. B) Helped influence and shape the eventual Brandenburg test. C) Was part of a concurring, not majority, opinion in the case. D) All of the above.

D) All of the above.

Which of the following best describes the meaning of law? A) Rules, which if broken, result in a penalty or sanction. B) Method of settling disputes between two parties. C) Framework that helps guide human conduct and control behavior. D) All of the above.

D) All of the above.

Which of the following is true regarding the so-called fighting words doctrine? A) The doctrine refers to words that inflict injury or tend to incite action. B) The doctrine only applies to face-to-face confrontations. C) Laws may restrict such words because their utterance may result in a breach of peace. D) All of the above.

D) All of the above.

Which type of laws must comply with the U.S. Constitution? A) Federal laws B) State laws C) Local laws D) All of the above.

D) All of the above.

For time, place and manner purposes, courts have held that places created by government to be used for expressive activities are: A) Traditional public forums. B) Specified public forums. C) Public forums, but only if there is no rental fee charged by the government for use of the facility. D) Designated public forums.

D) Designated public forums.

The legal concept stare decisis is a principle whereby courts should attempt to: A) Decide each outcome on an individual, case-by-case basis. B) Overrule previous decisions on a frequent basis. C) Establish a sound factual basis and rationale for making decisions. D) Follow past decisions when ruling upon a case.

D) Follow past decisions when ruling upon a case.

Determining if an individual may be punished for advocating a violent overthrow of the government would likely hinge upon whether such advocacy is: A) Intended to produce a violent overthrow. B) Harmful to the best interests of society. C) Likely to provoke a violent reaction against the speaker. D) Intended to produce imminent lawless action (e.g. violent overthrow of government) and likely to produce such action.

D) Intended to produce imminent lawless action (e.g. violent overthrow of government) and likely to produce such action.

Which of the following statements best characterizes the relationship between public and private forums and the potential for speech restrictions? A) Time, place, and manner criteria apply equally across public and private forums. B) The sole determinant of restrictions is whether the speech occurs on public or private property. C) More speech restrictions may be issued on public forums than private forums. D) More speech restrictions may be issued on private forums than public forums.

D) More speech restrictions may be issued on private forums than public forums.

While drafting the Constitution, the founding fathers: A) Were in strong consensus for the need to provide citizens with a bill of rights. B) Agreed that the First Amendment was the most important provision and therefore placed it atop the Bill of Rights. C) Readily encouraged citizens to participate in deliberations through public debate and open meetings. D) None of the above.

D) None of the above.

Those who drafted and ratified the Bill of Rights: A) Clearly intended that the First Amendment preclude prior restraints. B) Clearly intended that the First Amendment preclude only seditious libel. C) Clearly intended the First Amendment to be absolute. D) Probably held a wide-range of interpretations concerning the First Amendment.

D) Probably held a wide-range of interpretations concerning the First Amendment.

When the U.S. Supreme Court establishes a precedent, it may only be overruled by: A) A state supreme court. B) The President of the United States. C) Any of the U.S. appellate courts. D) The U.S. Supreme Court, because its decisions are binding on all federal and state courts.

D) The U.S. Supreme Court, because its decisions are binding on all federal and state courts.

Media administrative agencies

FTC (Federal Trade Commision) FCC (Federal Communications Commission) -Created in 1934 -Regulates broadcasting and other telecommunications -Five member board

Espionage Act of 1917

Law which punished people for aiding the enemy or refusing military duty during WW1

Plaintiff

One who begins a lawsuit

jury nullification

The jury's power to disregard, or "nullify," the law when it conflicts with personal conceptions of justice. -while this is rare it is considered an essential part of the legislative process b/c laws that are repeatily nullified should be revised or discarded

Judicial Review

The right of any court to declare any law or official governmental action invalid because it violates a constitutional provision

The First Amendment was actually the

Third!

Void for Vagueness Doctrine

a law will be declared unconstitutional and struck down if a person of reasonable and ordinary intelligence would not be able to tell, from looking at its terms, what speech is allowed and what speech is prohibited. -Coates v. City of Cincinnati (1971)

Sedition Act of 1918

added to Espionage Act to cover "disloyal, profane, scurrilous, or abusive language" about the American form of government, the Constitution, the flag, or the armed forces.

City en Blanch

all judges sit due to high importance

Flagler v. FSU

as it applies to state or gov't action: 1st amendment

The Rule of Four

each request is considered by the 9 member court, if 4 justices think the petition has merit, the writ will be granted

loco parentis

in place of parents

libel

published or broadcast communication that lowers the reputation of an individual by holding him/her up to contempt, ridicule, or scorn

Licensing/prior restraint laws

required printers to obtain prior approval from the government or church before printing -now able to criticize the gov't

Community censorship

the silencing of speech by private people or business entities -often as a result of pressure exerted by political activists, public interest groups, and economic stakeholders -it amounts to self-censorship NOT gov't censorship -Don Imus case study: regulation by private companies -1st amendment does not cover community censorship ex. FB/Twitter cannot control what's posted, they can just advise against it in their "Statement of Rights and Responsibilities"

Sedicious Libel Laws

used to punish those who criticized the gov't or Crown

Speech encompasses

verbal, written, printed, or symbolic speech

dicta

words that are given w/ an opinion but do not apply to the ruling of a case