A complete exemption from liability for the speaking or publishing of defamatory words of and concerning another because the statemetn was made within the performance of duty such as judicial or political contexts.
A media outlet makes a statement, hurting one`s reputation knowing it is a lie
ad hoc balancing
making decisions according to the specific facts of the case under review rather than more general principles
The orders, rules, and regulations promogulated by executive branch administrative agencies to carry out their delgated duties.
to ratify, uphold, or approve a lower court ruling
all purpose public figure
In libel law a person who occupies a position of such pervasive power and influence as to be deemed a public figure for all purposes. Public figure libel plaintiffs are required to prove actual malice.
Latin term meaning "friend of the
court". The name for a brief filed with the court by someone who is
not a party to the case.
the party making the appeal, also called the petitioner
black letter law
formally enacted, written law that is available in legal reporters or other documents.-- anything that uses ideas from literature--equity laws
in libel law, the forbidden practice of a defendant claiming that the plaintiff is a public figure solely on the basis of statement that is the reason for lawsuit.
Burden of proof
The requirement for a party to a case to demonstrate one or more claims by the presentation of evidence. In libel law, for example, the plaintiff has the burden of proof.
A judges or courts practice of developing rules by weighing different broad categories of interists, such as privacy. The rules may be applied in later cases with similar facts.
An effect brought about by any practice that discourages the exercise of a constitutional right. In first ammendment law, a measure that defers freedim of expression may be said to have a chilling effect.
clear and present danger test
Doctrine establishing that restrictions on 1st ammendment rights will be upheld if they are necessary tp [revent an extremely serious and imminent harm.
unwritten, judge made law consisting of rules and principles developed through custom and precedent.
Communication Decency Act(CDA)
The part of the Tellecommunications act of 1996 that largely attempted to regulate internet content.
A government interest of the highest order, an interest the government is required to protect.
A separate opinion of a minority of the court or a single justice agreeing with the majority opinion bu applying different reasoning or legal principles.
the set of laws that establish the nature, functions, and limits of government.
content based laws
enacted because of the message, the subject matter or the ideas expressed in the regulated speech
content nuetral laws
laws that incidentally and unintentiallty affect speech as they advance other important government interest.
monetary compensation that may be recovered in court by any person who has suffered loss or injury. Damages may be compensatory for actual loss or punitive as punishment for outrageous slander.
"anew" or "over again". On appeal, the court may review the facts de novo rather than simply reviewing the legal posture and process of the case.
A false communication that harms anothers reputation and subjects him or her to ridicule and scorn; incorporates both libel and slander.
The party accused of violating a law, or a party being sued in civil lawsuit.
An act in which courts give weight to the judgment of expert administrative agencies or legislative policies and strategies.
Testimony by a witness conducted outside a courtroom and intended to be used in preparation for trial.
designated public forum
Government spaces or buildings that are used by the public.
The pretrial process of gathering evidence and facts. The word also may refer to the specific items of evidence that are uncovered.
The authority to determine a proper outcome
A request that a court dismiss a case on the grounds that although the claims are true, they are insufficient to warrant a judgment against the defendant.
A separate opinion of a minority of the court or a single justice disagreeing with the result reached by the majority and challanging the majorities reasoning on legal basis.
to justify an outcome in a case by asserting that differences between that case and preceding cases putweigh any similarities.
principles or theories of law
fair legal proceedings. due process is guaranteed by the 5th and 14th ammendments to the US constitution
"on the bench" meaning in full court
law created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm.
the portion of the 1st ammendment that prohibits government from setting up an official religion.
the surface, apparant or obvious meaning of legal text.
fair comment and criticism
a common law privilege that protects critics from lawsuitss brought by individuals in the public eye.
fair report privilege
privilege claimed by journalists who report on official records. This is sometimes called conditional privilege.
a principle according to which the states are related to yet independant of each other, and related to yet independant of the federal government.
words not protected by the 1st ammendment because they cause immediate harm to others.
a plaintiff choosing a court because he believes it will rule in his favor.
a category of speech that includes name-calling and pointed criticism on aspects such as race, color, gender, ethnicity, and disability.
A 1st ammendment concept that generally favors the right of an orderly speaker over the right of an offended or antagonized member of the audience.
the decision or ruling of a court
important government interest
an interest of the government that is substantial or signifigant, but not compelling.
the 14th ammendment concept that most of the bill of rights applies equally to the states
a court order prohibiting a person or organization from doing some specified act.
a standard applied by the courts to the review of laws that implicate core constitutional values; also called heightened review.
involuntary public figure
in libel la, a person who does not necessarily thrust himself or herself into public controversies voluntarily, but is drawn into a given issue.
the power of the US supreme court to determine the meaning of the language of the constitution and to assure that no laws violate constitutional dictates.
the geographic or topical area of responsibility and authority of a court.
libel per quod
a statement that requires proof
libel per se
a statement that requires no further proof
a plaintiff whose reputation is deemed to be so damaged already that additional false statements of and concerning him or her cannot cause further harm.
limited purpose public figure
one who uses case to become public figure.
an order announcing the vote of the supreme court without providing an opinion.
to change or revise rather than follow or reject precedent.
case is no longer "live"
generally, the failure to exercise reasonable or ordinary care. In libel law, negligence is usually the minimum level of fault a plaintiff must prove in order to receive damages.
non public forum
government owned property not available for public speech
the perceived intent of the framers of the 1st ammendment
supreme court justices who interpret the constitution according to the perceived intent of its framers
law that violates the principles of precision and specifity in legislation
to reverse the ruling of a lower court.
to reject the fundamental premise of a precedent
per curiam opinion
an unsigned opinion by the court as a whole
an attorney rejects and dismisses a jurrer
action taken by the government to prohibet publication of a specific document or text before it is distributed to the public; a policy that requires government approval before distribution/ publication
a person who cannot be categorized as a public figure or official
the standard of evidence needed for an arrest or to issue a search warrant
government property held for use by the public, usually for speech and assembly.
a standard of judicial review that assumes the wisdom of reasonable legislative or administrative enactments and applies minimum scrutiny to their review.
to send a case back to a lower court for futher action
rule of law
the framework of society in which preestablished norms and procedures provide for consistant nuetral decision making.
communication meant to incite people to change the government; criticism of the government
libel suits whose purpose is to harass critics into silence, often to supress those critics 1st ammendment rights
"stand by the previous decision"
the review of statutes in which courts determine the meaning and application of statutes. Courts tend to engage in strict construction, which narrowly defines laws to their clear letter and intent.
written law formally enacted by city, county, state, and federal legislative bodies.
liability without fault; liability for any and all harms, foreseeable or unforseen, that result from a product or an action.
a test for determining the constitutionally of laws restricting speech under which government must show that it has a compelling interest at stake that is advanced by the least restrictive means available.
a comand for someone to testify in court
the quick resolution of a legal dispute in which a judge summarily decides certain points and issues a judgment dismissing the case.
action that warrants 1st ammendment protection because its primary purpose is to express ideas.
judges--in particular, supreme court justices--who rely exclusively on a careful reading of legal texts to determine the meaning of law.
a 1st ammendment concept that laws regulating the conditions of speech are more acceptable than those regulating content, also, the laws that regulate these conditions.
a private or civil wrong for which a court can provide remedy in the form of damages.
traditional public forum
lands designed for public use and historically used for public gatherings. (streets, sidewalks, and parks)
speech directed toward one or more specific individuals with the intent of causing listeners to fear for their safety.
a 1st ammendment doctrine that disfavors narrow laws that target a subset of a recognized category for discrimatory treatment.
USA Patriot act
the uniting and strengthening america by providing appropriate tools required to intercept and obstruct terrorism act of 2001. Passed in the wake of sept 11. attacks, the act was designed to give law enforcment agencies greater authority to combat terrorism.
laws that either fail to define their terms or use such general language that neither citizens nor judges know with certainty what the laws permit or punish.
the locality of a lawsuit and of the court hearing the suit. Thus, a change of venue means a relocation of trial.
viewpoint based discrimination
government censorship or punishment of expression based on the ideas or attitudes expressed. courts will apply a strict scrutiny test to determine whether the government acted constitutionally.
"to speak the truth"
writ of certiorari
a petition for review by the supreme court of the United States. Certiorari means " to be informed of"
The brandenburg test allows punishment of advocacy of illegal action in the speech is:
1. directed toward inciting.
2. immediate violance or illegal action and
3. is likely to produce that action.
the act of persuading
1. Verifiability: is the statement objectively capable of prook or disproof?
2. common meaning: what is the meaning of the words?
3. journalistic context: what is the linguistic or journalistic context in which the statement occurs.
4. social context: what is the broader social context into which the statement fits.
a three part test used to determine whether a content nuetral law is constitutional
1.is not related to the supression of speech
2.advances an important government interest
3. is narrowly tailored to acheive that interest with only an incidental restriction of free expression.
is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation
a negative image. It is usually a requirement that this claim be false
and that the publication is communicated to someone other than the
as a legal term, refers to legal blameworthiness and responsibility in each area of law. I
is a perversion of truth
originating in the deceitfulness of one party, and culminating in the
damage of another party. Falsity is also a measure of the quality or
extent of the falseness of something, while a falsehood may also mean
simply an incorrect (false) statement, independent of any intention to