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24 Cards in this Set
- Front
- Back
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1st Amendment - Definition |
Protects freedom of religion, speech, and of the press |
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1st Amendment - Principles of Fully Protected Speech (3) |
- weigh govt interest vs. private citizen interest. -court presumes speech is allowed and regulation is unconstitutional unless proven otherwise. -strict scrutiny = very carefully reviewing speech before allowing regulation. |
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1st Amendment - For govt to regulate speech it must demonstrate: (4) |
- overriding necessity, compelling interest. -govt interest (public interest). - narrowly tailored (not over-broad). -least restrictive as possible to accomplish govt interest. |
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Commercial vs. Corporate Speech |
Ads are regulated more often bc of difference between commercial and corporate speech. |
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Commercial Speech |
Commerce/sell a product (more regulated). |
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Corporate Speech |
public interest issues (so it should have more freedoms). |
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Defamation - Libel |
printed defamation, written published. |
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Defamation - Slander |
spoken defamation |
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Defamation - Proving libel in court (5) |
- false statement? -published? -identification -statement causes harm -actual malice |
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Privacy - 4 categories of privacy law |
-false light -publication of private facts -intrusion -misappropriation of name |
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HIPAA |
Health Insurance Portability and Accountability Act - regulates patients medical files. |
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FERPA |
Family Educational Rights and Privacy Act - governs access of educational info and records. |
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Copyright - cannot be copyrighted (4) |
- ideas -government works (pubic property) -common info (calendar dates) -facts |
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Copyright - what can be copyrighted? |
a piece of work including literary, dramatic, musical, and artistic works. |
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How long does copyright last? |
The life of the creator +70 years |
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Patent - Types |
For products: -utility - electronics -plant - invention -design - original |
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Trademark |
Protecting a word, name, symbol, device combo to ID goods and services. |
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What is trademark dilution? |
blurring - confuses one mark with another tarnishment - similar trademark damages reputation of famous trademark |
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Freedom of Info/Press - Sunshine laws |
Open meeting laws open for public to see. |
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FIOA |
Freedom of information Act - access to public records (ex: govt agencies and institutions). |
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FTC |
Federal Trade Commissions - (consumer protection) protects against false advertising and puffery. |
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FDA - Specific requirements for drug ads |
Federal Drug Administration: -must list ingredients -include generic and brand name -include truthful summary of safety and effectiveness |
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SEC |
Securities and exchange commission - regulation fair disclosure - if material info disclosed to some, it must be made public. So no insider trading occurs. |
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