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Media Law 1
Media Law Test # 1
| Question | Answer |
|---|---|
| What are the four sources of law? | 1. Constitutions 2. Legislation (statutory law) 3. Executive orders 4. Court-made law |
| What are the two types of law? | 1. Criminal 2. Civil |
| What is a federal circuit? | Federal courts of appeals divided into regions of the country |
| How many federal circuits are there? | 13 |
| What is our circuit? Where is it headquartered? | 5th. New Orleans |
| Two types of precedents: | 1. Binding: Courts must follow the precedents of higher courts 2. Persuasive: Courts don't have to follow precedents set in other jurisdictions, but they may be persuaded to. |
| Four theories to explain the importance of the First Amendment: | 1. Marketplace of ideas 2. Self realization/self fulfillment 3. Self government 4. Safety valve theory |
| Marketplace of ideas: | Pull everyone's ideas and the best ones will win out.Problem is, not everyone is heard equally. |
| Self realization/self fulfillment: | Expression is crucial to human fulfillment.Problem is, not all forms of self expression get equal protection (ex: dance, painting) |
| Self government: | People need information to govern themselves.Problem is, it gives preference to political speech |
| Safety valve theory: | Repression breeds hate. It is safer for people to be able to express their ideas. |
| What is the 1st Amendment and what kind of protection does it provide? | Says that congress shall make no law establishing religion, abridging freedom of speech, of the press, the right to peaceably assemble, and to petition the governement. |
| The significance of the 14th amendment: | Tied the 1st amendment to the states |
| The significance of Brandenburg v. Ohio: | Landmark case on incitement to violence. This case overruled the clear and present danger test. |
| What is incitement? | Means it is acting in hopes to cause violence. |
| Three-part incitement test: | 1. Intent (speaker intended for violence) 2. Imminence (is it happening in the near future? 3. Likelihood (is it likely to happen?) |
| Explain a true threat: | A statement that a reasonable person would see as a serious expression of intent to harm. |
| Explain fighting words: | Words spoken in face-to-face confrontation that are likely to provoke violence |
| Explain symbolic speech: | Nonverbal expression. It is protected, but receives less protection than spoken word. |
| What is a time, place and manner restriction? | Prior restraints based on time, place, or manner of speech and not the content. |
| Four criteria of time, place, and manner restriction: | 1. Law must be content nuetral 2. Law must not constitute a complete ban on communication3. Law must be justified by a substantial state interest4. Law must be narrowly tailored to serve that interest |
| What is a forum analysis? | Protection for speech based on place it occurs |
| What are the three types of fora and what are the differences? | 1) Traditional public forum 2) Designated public forum 3) Public property--not a public forum 4) Private property |
| The test for symbolic speech is: | Whether the intent to convey a particular message was present, and whether the liklihood was great that the message would be understood by those who viewed it. |
| The test for regulation that suppresses symbolic speech is: | 1) Did congress have the authority to enact the regulation? 2) Does it further a substantial state interest? 3) Is the interest served unrelated to supression of free expression? 4) Is the regulation narrowly tailored to serve interest? |
| What is the supreme court's categorical speech appreach to speech regulation? | Assumes that all speech generally receives protection against the state unless it falls into certain categories |
| What does content nuetral mean? | It doesn't matter what the content of the speech is |
| What is prior restraint? | Censoring publication or speech before it is put out into thew public. |
| What is an injunction? | Prior restraint orders |
| Types of injunctions: | 1) Temporary restraining order 2) Preliminary injunction 3) Permanent injunction |
| What is defamation? | Involves injury to someone's reputation |
| What is libel? | Defamation in printed, written or broadcast form? |
| What is slander? | Defamation as spoken words of limited reach. |
| What is negligence? | Doing something a reasonable person would NOT do or failing to do something a reasonable person would do in the same situation |
| What is actual malice? | Means defamatory statement was made with "knowledge of its falsity or recjless disregard for the truth" |
| What determines whether the plaintiff must prove negligence or actual malice? | Whether or not the they are a public figure. |
Created by:
cdarnold2
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