COM LAW

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COM LAW
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2011-10-12 15:38:01
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COM LAW
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COM LAW
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  1. What are the 3 layers of government?
    • 1. Federal
    • 2. State
    • 3. Local
  2. What is the Litigation Process Against a private party? (8 steps)
    • 1. Claim
    • 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)
    • 7. Trial
    • 8. Appeals
  3. What is the litigation process against the government? (2 steps)
    • Claim
    • Plaintiff Filing
  4. What is Dictum? ...Holding?
    • Dictum=minority
    • Holding=majority
  5. 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.
  6. What was the O'Brien draft card case?
    • early 1960's
    • O'Brien burned his draft card
    • Was arrested for burning government property
    • Appealed but the supreme court said it was conduct not speech
  7. 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
  8. What was the Johnson Flag Burning Case?
    • Johnson burned a U.S. flag in the street
    • Arrested
    • Johnson wins because flag is not government property
  9. What is Near v. Minnesota??
    • 1929-1930, Minniapolis
    • 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
    • *Prior Restraint*
  10. When is prior restraint okay?
    • - obstructing recruiting service (national security)
    • - sailing of troop ships
    • - obscenity
    • - fighting words
  11. What was Ward v. Rock Against Racism?
    • - 1989
    • - Rock Against Racism loses
  12. What was the Red Lion Case?
    • 1969
    • 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
  13. 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
  14. What was Freedman v. Maryland?
    • Argued-1964
    • Decided-1965

    • -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*
  15. 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
    • Technical Criteria
  16. What are the rules about lotteries? (3 elements)
    • -Prize
    • -Consideration (pay to get in, show up at certain time, etc)
    • -Chance (not skilled, 100th caller is a skill)
  17. What is Section 312?
    • Only for Federal Candidates
    • You must allow all federal candidates to use your facility
  18. What is Section 315?
    • Applies to All Political Candidates
    • If you allow 1 candidate to use your facilities, you must allow all candidates
  19. Does a candidate have a first ammendment right to present their political positions?
    NO
  20. Does any state or local candidate have right to access of any station?
    NO!
  21. When does campaign begin?
    • 45 days before primary
    • 65 days before general
  22. 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
  23. What was FCC v. Pacifica?
    • 1978
    • -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
  24. What is Profanity?
    Language so grossly offensive to members of the public who actually hear it as to amount nuisance
  25. 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
    • sue NBC
    • No Liability without incitement
  26. What is known about teens?
    They copy A LOT of what they see on TV
  27. 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*
  28. 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
  29. Explain the Yakubowicz v. Paramount Pictures Case...
    • 1988-1989
    • The Warriors
    • Not incitement because the theater did not serve the alcoholic drinks
  30. Explain the McCollum v. CBS case...
    • 1988
    • McCollum (17) shot himself while listening to Osbourne
    • Not Incitement...Did not command him to commit immediate act
  31. What are the slots in the Libel Pinball Game?
    • Defamatory
    • Statement of Fact
    • Of and Concerning the Plaintiff
    • Published by the Defendent
    • WithOut Privilege
    • False
    • With Liability
    • Damages to Plaintiff
  32. Explain New York Times v. Sullivan...
    • 1964
    • Ad says montgomery PD is bad
    • Supreme Court Reverses Alabama State court
    • Civil Rights Case dressed up as libel case
  33. Explain Gertz v. Welch...
    • 1968
    • Chicago PD kills Nuccio, convicted of murder
    • Article Claims trial is communist conspiracy
    • Gertz is communist
    • Gertz not a public figure so no liability
  34. Describe the Zeran v. AOL case...
    • 1995
    • 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
  35. Davis v. Constantin Costa Gavras Universal Studios Inc
    • 1987
    • Davis was commander of military group
    • "The Missing"
    • Not Defamation because there was no evidence
  36. Cox Broadcasting v. Cohn
    • 1971
    • 17 year old girl raped and murder
    • Broadcast girls name
    • Totally Legal way so okay

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