Media Law: Exam 1

Four Options for Handling Precedent

1. Accept/Follow 2. Modify/Update - interpret according to contemporary sensibilities 3. Distinguish - choose not to accept and not to follow because it involves different facts or issues from current case 4. Overrule - previous decision wrong and no longer law

stare decisis

A Latin phrase meaning "let the decision stand." aka look to the past

case reporter

A book containing a chronological collection of the opinions rendered by a particular court for cases that were decided by the court.

The concept of viewpoint based discrimination best reflects which one of the following?

A gov't policy that allows speech that is favorable to the administration of Donald Trump but that prohibits speech that is negative toward the administration of Donald Trump

Over breadth Doctrine

A principle used by courts to invalidate legislation that is broader in scope than is necessary to regulate an activity. This doctrine may be utilized to protect constitutional rights, such as freedom of speech, against a wide sweep of some governmental action. restricts more conduct or content than is necessary to solve the problem loud music is not permitted in residential neighborhoods (example of unconstitutional law)

Morse v. Frederick

A student at a local high school hung up a banner saying "Bong Hits 4 Jesus" which advertises the use of marijuana. The principal ordered that the banner be taken down and the student be suspended. Result: School may take steps to safeguard those intrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use, school officials didn't violate first amendment, can also be used for speech suggesting mass violence

Original Intenet

A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.

Access Theory

Access to the metaphorical marketplace of ideas is not equal for all, but is skewed in favor of those with the most economic resources. To make the guarantees of the First Amendment meaningful, newspapers, magazines and broadcasting stations should open their pages and studios to the ideas and opinions of their readers and listeners and viewers. Socialist theory.

Barber vs. Dearborn Public Schools

Bush International Terrorist Shirt Applied Tinker Precedent

Under the fighting words doctrine, it is permissable for a state to prosecute someone without infringing on First Amendment rights in which of the following situations

During a heated dispute between two persons, one of them shouts a racial slur directly at the other

The absolutist theory was adopted by a majority of the US Supreme Court in the early 20th century

False

The First Amendment was listed first because it was considered the most important set of rights?

False (was listed as 3rd)

Which of the following cases involved permissible school censorship of a school newspaper

Hazelwood school district v. Kuhlmeier

Discovered Law

Judges had to find (not create) what the law was What was the common custom of the people

Law of Equity

Law created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm. right to appeal to the king appeal for fairness applicable where common law too rigid The basis for injunctions and restraining orders against impending injustices rulings in form of decrees, not yes and no

Statutory Law

Law passed by the U.S. Congress or state legislatures Law created by the elected 1. Deal with problems affecting society and large groups of people 2. Can anticipate problems 3. Criminal Laws are all statutory in US 4. collected in codes and law books instead of reports and integrated into the municipal code

As described in the textbook, the access theory of freedom of expression can be seen as a remedy to correct some of the flaws with which one of the following other theories?

Marketplace of ideas

Bethel School District v. Fraser

Obscene or vulgar student speech is not protected under the first amendment actively spoken - not passive - undermine school educational mission, appropriate to prohibit vulger terms in this setting

Private Property

Owners are free to regulate who uses their property for expressive activity

Designated Forum

Place created by gov't to be used for expressive activities

Traditional Public Forum

Places that have been devoted to assembly and speeches Highest level of first amendment protection

Son of Sam Laws

Prohibits offenders from profiting from their crime

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

Absolutist Theory

The proposition that the First Amendment is an absolute, and that government may adopt no laws whatsoever that abridge freedom of expression. the absolute or complete barrier to government censorship (this has never been adopted the First Amendment presents an absolute or complete barrier to government censorship. The government cannot censor the press for any reason. No exceptions, no caveats, no qualifications.

Administrative Agency

a federal, state, or local government agency established to perform a specific function

Void of Vagueness Doctrine

a law will be declared unconstitutional and struck down if a person of reasonable or ordinary intelligence would not be able to tell from looking at its terms what speech is allowed and what is prohibited gives authorities too much selective enforcement power reasonable people would be unsure what is illegal derogatory language is not permitted in the council meeting (example of unconstitutional law)

Common Law

a system of law based on precedent and customs known as judge-made law principles and rules of law that derive their authority not from legislation but from community usage and custom inductive legal system, consider many similar cases Uses precedents to interpret the present situation stare decisis (let the decision stand) preserves the value of certainty in the law Highly individualized

The balancing theory that weighs the interests in any situation on a case by case basis is known as

ad hoc balancing

Meiklejohnian Theory

expression that relates to the self-governing process must be protected absolutely by the First Amendment. Presents a hierarchical approach to First Amendment theory, with political speech placed at the top of this hierarchy

Places like prisions and military bases are typically treated by courts to be designated public forums

false

Ad Hoc Balancing Theory

freedom of expression is determined on a case-by-case basis is a form of legal analysis used by courts to resolve difficult constitutional questions. When a conflict between freedom of expression and another right arises, courts use ad hoc balancing to weigh one right against the other.

Clery Act

institutions must disclose information about crimes on or near campus

Executive Orders and Administrative Rules:

orders issued by elected officers of gov't generated by administrative agencies of gov't at federal, state, and local levels

Constitutional Law

overarching law against which all other laws and government actions are measured guarantees rights for the people; protects from gov't explained and elaborated in court decisions

Public Property that is not a public forum:

prisons, military bases, airport terminals, postal service mailboxes, utility poles, political candidate debates

Hazelwood School District v. Kuhlmeier

schools may regulate speech that is school sponsored and or that is part of the school curriculum so long as the censorship is reasonably related to legitimate pedagogical concerns

Preferred Position Balancing Theory

some constitutional freedoms, principally those guaranteed by the First Amendment, are fundamental to a free society and consequently are entitled to more judicial protection than other constitutional values are. Gives freedom of expression a preferred position.

Tinker vs. Des Moines School District

students in the public schools do not shed at the schoolhouse gate their constitutional rights to freedom of speech or expression - black armbands to protest

Facial Challenges

test's a law's constitutionality based on its text but does not consider the facts or circumstances of a particular case

Marketplace of Ideas

the concept that the truth and the best ideas will win out in competition Opinions allowed to compete in marketplace best ideas chosen from among the many currently a dominant metaphor for the court criticisms: allows harmful speech and speech with little value bias toward speakers with the most resources

Time, Place, and Manner Restrictions

the government can also base its attempts at prior censorship on other factors specifically the time the place or the manner of the communication (1) they are content neutral (i.e., they do not treat speech differently based on content); (2) they are narrowly tailored to serve a governmental interest; and (3) they leave open ample alternative means of expression.

Fighting Words Doctrine

the idea that censorship can be justified against inciting provocation to violence

Appeals

to take a case to a higher court for a rehearing plaintiffs appeal on the basis of a miscarriage of law new facts must come from a new trail must be a trial before an appeal highest appeal is to state or federal supreme court

T/F Places like public parks and street corners are typically treated by courts to be traditional public forums

true

In 2011, the SCOTUS held in Snyder Phelps that the harassing anti gay speech of the members of Westboro Baptist Church...

was protected by the First Amendment