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Media Law 1

Media Law Test # 1

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