Week Two Notes

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  1. What first amendment theory assumes that any law that infringes on anyone's first amendment rights in unconstitutional?
    Preferred Position
  2. What first amendment theory separates political speech from private speech?
    Meiklejohnian Theory
  3. Under the Meiklejohnian theory, which was full protection? Political or private speech?
  4. In what first amendment theory does everyone have the right to access mass media, the media is required present all points of view, but is only applied to broadcasting and cable?
    Access theory
  5. In England, this was when a person wanted to publish a newspaper, and you had to pay the government. If you published something the government didn't like, they would take from that amount of money and you wouldn't get it back.
  6. When you had to pay to be allowed to publish a newspaper, and then would have to renew that payment. If you wanted to get it renewed, you shouldn't post things the government doesn't like.
  7. Even if what you say is truthful, it is unlawful to criticize the government in England.
    Seditious libel
  8. What acts, passed by John Adams, prohibited "false, scandalous, and malicious" writings against the US government.
    Alien & Sedition Acts 1798
  9. What did Jefferson do with the people who were put in jail under the Alien and Sedition Acts?
    Freed them
  10. This act made it illegal to speak/publish any disloyal, profane or abusive language about US government, military or flag. To cause/incite insubordination in the military, or to display the flag of any foreign enemy.
    Espionage Act 1917
  11. What year did Schenk v. United States take place?
  12. What did Charles Schenk do that violated the Espionage Act?
    Made 15,000 leaflets that said the draft was the equivalent to slavery.
  13. What was the outcome of Schenck v. United States?
    Schenck lost the case, because he was encouraging people not to show up for duty.
  14. This came out of Schenck v. United states, and said that, in order to violate the espionage act, speech must cause danger, danger must be immediate and grave.
    Clear and Present Danger Doctrine (1919)
  15. What year was Near v. Minnesota?
  16. What was Jay Near the publisher of?
    A newspaper that was basically like the National Enquirer at the time
  17. What law allowed Minnesota to issue a permanent injunction against Jay Near, and caused a judge to padlock the door to his office?
    Minnesota Gag Law
  18. What was the outcome of Near v. Minnesota?
    Court rules in favor of Near, which was considered the first great press case.
  19. This act made it a crime to advocate forceful overthrow of the U.S. government, and was used to prosecute members of American Communist Party and to suppress African American newspapers.
    Smith Act 1940
  20. What year did New York Times v. U.S. take place?
  21. What did the court rule in New York Times v. U.S.?
    That the government cannot use national security as a blanket reason for censoring the media. Have to demonstrate that there are reasons why something could cause danger.
  22. What was known as The "Sanitized" War?
    Persian Gulf War
  23. During the Persian Gulf War, these were used to control where the media could go.
    Press pools
  24. Select journalists that could go with the troops into battle
    Embedded journalists
  25. What was Private Bradley Manning accused of in 2010?
    Posting private documents from the U.S. government to WikiLeaks and violating the Espionage Act
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Week Two Notes
2013-02-12 22:11:00

The Notes During Week Two
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