commlawtest1.txt

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laurneyliz
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37573
Filename:
commlawtest1.txt
Updated:
2010-09-27 00:39:53
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Communication Law Test Jack Shock
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Comm Law Test 1, ch. 1, 2, 3
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  1. 5 sources of law
    • 1. Common
    • 2. Equity
    • 3. Statutory
    • 4. Constitutional
    • 5. Executive Order and Administrative Rule - Agency
  2. Chilling Effect
    Don't get to close to anything questionable
  3. Political party for regulation/deregulation
    democrat/republican
  4. litigious
    chip on my shoulder, and it's big as a boulder
  5. how 1st amend. cases usually fair at trial/appeal
    lose/win
  6. 2 parties in court case
    • plaintiff - accuser - bears burden of proof
    • defendant - charged
  7. stare decisis
    let the decision stand
  8. trail vs. appellate
    • trial - fact finding, jury
    • appellate - law reviewing, panel
  9. 2 supreme court jurisdictions
    • original
    • appellate
  10. 3 ways to get a SC appellate case
    • 1. direct appeal
    • 2. writ of certiorari
    • 3. certification process
  11. writ of certiorari
    discretionary order issued by court - order for more information
  12. rule of 4
    if 4 SC judges think a petition has merit, a writ is granted
  13. amici curiae
    friends of the court
  14. 3 main supreme court opinions
    • 1. opinion of the court (maj.)
    • 2. concurring opinion of the court (agree w/ maj.)
    • 3. dissenting opinion of the court (min.)
  15. Supreme Court tie
    decision of the lower court stands
  16. judge made law
    common law
  17. options for handling precedent
    • 1. accept
    • 2. modify
    • 3. distinguish
    • 4. overrule
  18. parts of citation - Adderly v. Florida, 385 U.S. 39 (1966)
    Case name, (Vol. # of case reporter) (Abbreviated name of cr) (pg. # that decision begins) (yr. decided)
  19. typical remedies in equity law
    • 1. temporary restraining order (TRO)
    • 2. preliminary injunction
    • 3. permanent injunction
  20. criminal laws are ________ law
    statutory
  21. the supreme law of the land
    U.S. Constitution
  22. which is more broad - 1st amend. or state constitution protection of speech
    state constitution
  23. jury nullification
    power of a jury to ignore law and return verdict according to conscience
  24. John Peter Zenger
    printer arrested for libel (1734). won case on jury nullification
  25. seditious libel
    criticizing of the government
  26. prior restraint
    prepublication censorship of objectionable material
  27. licensing process
    government permission for print or broadcast
  28. symbolic speech doctrine
    • conduct considered speech if
    • 1. actor intends to convey specific message
    • 2. audience will reasonably understand message
  29. 3 main 1st amend. theories
    • 1. absolutist - gov. cannot censor press for any reason
    • 2. ad hoc balancing - meaning of freedom of expression is determined on case-by-case basis
    • 3. preferred position balancing - gives freedom of expression preference - gov. must bear burden of proof
  30. 1st amend. means...
    what the supreme court says it means
  31. alien and sedition acts
    stop false, scandalous criticism of the national government
  32. when suppression of freedom of expression reached its highest level
    WW1
  33. legal ways of prior restraint
    time, place, and manner
  34. guidlines for prior restrains
    • no complete ban on communication
    • content neutral
    • state must have substantial interest
    • narrowly tailored
  35. types of forums
    • traditional public - courthouse
    • designated public - fairground
    • public property not public - prisons, hospitals, schools
    • private property - malls
  36. Conradt vs. NBC Universal
    • man commits suicide after being singled out as a sex offender on NBC - sister sues - NBC settles
    • reporting vs. news making
  37. Near vs. Minnesota
    • Near publishes attacks on corruption in city government
    • state declares Minnesota winner - Near can no longer publish
    • SC overturns - No prior restraint - statute declared unconstitutional
  38. NYT vs. U.S.
    • NYT publishes Pentagon Papers on Decision Process for Vietnam
    • NYT wins
  39. U.S. vs. Progressive
    Hydrogen Bomb Recipe - prior restraint for national security
  40. modes of censorship during wartime
    • 1. denial of access to locations
    • 2. denial of access to documents and photos
    • 3. punishment for publishing national security info
    • 4. self-censorship by news media
  41. Tinker vs. Des Moines
    • black arm bands to protest Vietnam
    • Tinker wins - 1st amend. rights aren't left at the school gate
  42. Hazelwood vs. Kuhlmeier
    • HS pres. Haz. removes 2 pages of school paper on teen pregnancy and divorce
    • Hazelwood won - censorship of student publications in public high schools is permissible
    • must be related to "legitimate pedagogical concerns"
  43. in loco parentice
    people in place of your parents
  44. Bethel vs. Fraser
    • Fraser makes sexually suggestive speech at assembly
    • Bethel wins - schools may regulate offensive speech
  45. Clery Act
    all universities participating in federal aid must give timely warnings of campus crimes that represent a threat - FERPA
  46. Book banning plurality opinion
    School boards possess discretion of the content of their libraries, but it may not be exercised in a narrowly partisan or political manner.

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