Chapter 6 Legl - Constitution And Business

Front 1

Define the 'Establishment Clause'.

Back 1

Congress shall make no law respecting an establishment of religion.

Front 2

Define the 'Free Exercise Clause'.

Back 2

Congress shall make no law prohibiting the free exercise of religion.

Guaranteed freedom of religion through the separation of church and state.

Front 3

What determines a religion from a cult?

Back 3

"A sincerely held belief".

Front 4

Define the 'Freedom of Press'.

Back 4

Congress shall make no law abridging the freedom of the press.

Front 5

True or False: The publishing business is the only organized private business given explicit constitutional protection.

Back 5

True.

Front 6

Yes or No: Is Freedom of the press absolute?

Back 6

No; Freedom of the press is not absolute. If a press publishes something libelous or illegal, there is liability (criminal and/or civil).

Front 7

Define 'Prior Restraint'.

Back 7

The doctrine which encourages the government to allow publication or expression of thoughts rather than to restrain such thoughts in advance of their publication or expression.

Not supposed to limit the publications of the press.

Front 8

Define 'Defamation'.

Back 8

Tort preview: Defamation is the publication (oral or written) of anything injurious to the good name or reputation of another.

Front 9

Define 'libel'.

Back 9

A defamatory written statement communicated to a third party.

Front 10

Define 'slander'.

Back 10

An oral defamatory statement communicated to a third party.

Front 11

Define 'actual malice'.

Back 11

Actual malice is standard for imposing liability. Burden of proof is on the plaintiff. When the statement involves a public official or figure, plaintiff must prove actual malice or knowledge that the statements were false or circumstances showing reckless disregard for whether they were true or not.

Actual malice - publish something knowing its false or with reckless disregard

or

For all other private persons, there is no requirement of malice (the statement must merely be false).

Front 12

Define 'reckless disregard'.

Back 12

Something that could be scandalous without checking your sources.

Front 13

Define 'freedom of speech'

Back 13

Freedom of expression in that it applies to: verbal communications, written communications, and symbolic speech.

Front 14

What is the goal of freedom of speech?

Back 14

To protect those who express ideas antagonistic to the majority.

Protects the minority from the majority.

Front 15

What determines obscenity?

Back 15

1) if it, taken as a whole, appeals to a prurient interest in sex.
2) If it portrays, in a clearly offensive way, sexual conduct as specifically defined by the applicable state law; and
3) If it, taken as a whole, does not have serious literary, artistic, political, or scientific value.

Front 16

Define 'overbreadth doctrine'

Back 16

a principle used by courts to invalidate legislation that is broader in scope that is necessary to regulate an activity. This doctrine may be utilized to protect constitutional rights, such as freedom of speech, against a wide sweep of some governmental action.

Front 17

Define 'commercial speech'.

Back 17

Speech that has a business-oriented purpose. This speech is protected under the First Amendment, but this protection is not as great as that afforded to noncommercial speech.

Front 18

Define 'Due Process'.

Back 18

Due process of law means both substantive and procedural fundamental fairness. As applied to judicial proceedings, adequate notice of a hearing and an opportunity to appear and defend in an orderly tribunal.

Term defines fundamental principles of liberty and justice. Due process means "fundamental fairness and decency".

Front 19

Define "procedural due process".

Back 19

Cases involve whether proper notice has been given and a proper hearing has been conducted.

Front 20

What does the equal protection clause require?

Back 20

Equal protection clause requires all citizens to be treated in a similar manner by the government unless there is sufficient justification for unequal treatment.

Front 21

Define 'minimum rationality'.

Back 21

i) Minimum Rationality requires that the classification must have a rational connection to a permissible state end

Front 22

Define 'Quasi-Strict Scrutiny'.

Back 22

Quasi-Strict Scrutiny requires that the classification be substantially related to an important governmental interest

Front 23

dDefine 'Strict Scrutiny'

Back 23

Strict Scrutiny requires the classification to be necessary to achieve a compelling state interest

Deals with cases involving race and national origin.