Card Set Information
What are the 3 layers of government?
What is the Litigation Process Against a private party? (8 steps)
2. Film Summons and Complaint
3. File Answer
4. Motion to Dismiss (no law supports the claim)
5. Discovery (Research and Interview)
6. Motion for summary judgement (no facts)
What is the litigation process against the government? (2 steps)
What is Dictum? ...Holding?
What is the sedition act of 1798?
What does it mean today?
Made it a crime if a person writes/says/etc false or malicious writing with intent to defame against the government.
Now is the highest form of protected speech.
What was the O'Brien draft card case?
O'Brien burned his draft card
Was arrested for burning government property
Appealed but the supreme court said it was conduct not speech
What was the tinker arm band case?
Tinker was a teen who wore a black arm band to school
Was sent home
Supreme Court says he has the right to wear the armband because it is speech
What was the Johnson Flag Burning Case?
Johnson burned a U.S. flag in the street
Johnson wins because flag is not government property
What is Near v. Minnesota??
Near believes the gov. is run by the mob (he is right)
Got shut down
Went to speak easy and wrote down all gov officials who were there
When is prior restraint okay?
- obstructing recruiting service (national security)
- sailing of troop ships
- fighting words
What was Ward v. Rock Against Racism?
- Rock Against Racism loses
What was the Red Lion Case?
Red Lion = Broadcaster in PA
Cook = wrote book about Goldwater, was called a comunist on air, wanted to comment, not allowed
Paid for by the NAB
What was the Fairness Doctrine? and how is it in effect today?
Required Broadcasters to present issues in a honest equal way (show both sides).
Not in effect anymore, couldn't be enforced
What was Freedman v. Maryland?
-Freedman doesn't submit film to state board
-Sues that he shouldn't have to
-NAB pays for case
*Film Industry can be subject to prior restraints*
What is the licensing criteria for Broadcast?
No more then 25% owned by aliens
Be able to run station for 3 months w/o ads
What are the rules about lotteries? (3 elements)
-Consideration (pay to get in, show up at certain time, etc)
-Chance (not skilled, 100th caller is a skill)
What is Section 312?
Only for Federal Candidates
You must allow all federal candidates to use your facility
What is Section 315?
Applies to All Political Candidates
If you allow 1 candidate to use your facilities, you must allow all candidates
Does a candidate have a first ammendment right to present their political positions?
Does any state or local candidate have right to access of any station?
When does campaign begin?
45 days before primary
65 days before general
What is Obscene and what case decided?
Miller v. California
1. The average person would decide that it, applying contempory community standards taken as a whole, appeals to prurient interests
2. Depicts sexual conduct in a patently offensive way
3. Lacks serious literary, artistic, political, or scientific value
What was FCC v. Pacifica?
-Radio Played "Filthy Words"
-Set up by NAB
-Violates Section 326 (censorship), but 1464 gives FCC the right
-Who are the children?
-Safe Harbor Hours 10PM-6AM
What is Profanity?
Language so grossly offensive to members of the public who actually hear it as to amount nuisance
What was the Olivia N. Case?
NBC does docudrama on teen girls who can't live at home
One girl is raped, later attacked and raped again
Girls said they saw it on TV
No Liability without incitement
What is known about teens?
They copy A LOT of what they see on TV
Explain the Natural Born Killers Case
Oliver Stone Movie
Media glorifying violence
young teen sees movie and kills woman
*Must show that Time Warner produced and distributed with intent that people would commit similar acts*
Explain the Zamora Case...
Ronny Zamora was 17
Robs & Kills 85 year old neighbor
Says Made violent from violent TV
Court says NO
Rejects Bullet Theory
Explain the Yakubowicz v. Paramount Pictures Case...
Not incitement because the theater did not serve the alcoholic drinks
Explain the McCollum v. CBS case...
McCollum (17) shot himself while listening to Osbourne
Not Incitement...Did not command him to commit immediate act
What are the slots in the Libel Pinball Game?
Statement of Fact
Of and Concerning the Plaintiff
Published by the Defendent
Damages to Plaintiff
Explain New York Times v. Sullivan...
Ad says montgomery PD is bad
Supreme Court Reverses Alabama State court
Civil Rights Case dressed up as libel case
Explain Gertz v. Welch...
Chicago PD kills Nuccio, convicted of murder
Article Claims trial is communist conspiracy
Gertz is communist
Gertz not a public figure so no liability
Describe the Zeran v. AOL case...
After Oklahoma Bombing
*No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another content provider
Davis v. Constantin Costa Gavras Universal Studios Inc
Davis was commander of military group
Not Defamation because there was no evidence
Cox Broadcasting v. Cohn
17 year old girl raped and murder
Broadcast girls name
Totally Legal way so okay