Comm Law Ch. 2 Vocab

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a theory of freedom of expression that the First Amendment prevents all government interference, with speaking or publishing. This position is associated with Justice Black

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absolutism

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amendment to the constitution making states, in addition to the federal government, liable for violation of rights protected by the Bill of Rights. A state government that violates the Bill of Rights also usually violates a citizen's right of due process guaranteed by the ___

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Fourteenth Amendment

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a series of cases in which the Supreme Court made state governments liable for violation of Bill of Rights. The court incorporated the Bill of Rights into the Fourteenth Amendment by holding that state infringements and free speech and other rights violated a citizen's right to due process, guaranteed by the Fourteenth Amendment

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incorporation

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first amendment procedural requirements that the government justify prior restraints and other restrictions and that hearings be held at which restrictions may be contested

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first amendment due process

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the judicial requirement that a restriction on protected contents be justified by a compelling government interest and that the regulation not be overbroad or vague

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strict scrutiny

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the regulation of expression based on what is said as opposed to where or when it is said. First Amendment doctrine predisposes courts to consider ___ unconstitutional

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content regulations

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unconstitutional government regulation of speech expressing a particular view on a subject

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viewpoint discrimination

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the doctrine by which courts determine that laws are unconstitutional because average persons would not know ahead of time whether their expression would violate the law. ___ laws affecting expression violate the first amendment because the uncertainty they create leads to self-censorship

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vagueness

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a first amendment doctrine by which courts determine that legislation is unconstitutional because it restricts more expression than necessary

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overbreadth

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a discredited judicial test halting or punishing speech that presents only a remote danger to a substantial individual or social interest

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bad-tendency test

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a judicial test that, if applied literally, halts or punishes expression only where there is objective evidence of an imminent, substantial danger to individual or social interests. Sometimes, the test has been used to halt speech that presents no clear, imminent danger

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clear-and-present-danger test

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a judicial weighing, case by case, of reasons for and against publishing, to determine whether expression may be halted or punished. This is flexible but unpredictable because it relies little on previous cases or set standards

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ad hoc balancing

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judicial balancing of interests after freedom of expression is broadly defined to give it extra weight. This provides more predictable protection to freedom of expression than ad hoc balancing

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definitional balancing

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(common law) In libel, publication with improper motive such as hatred, spite, vengeance, or ill will. Proof of common law ___ has traditionally defeated common law defenses such as the reporter's privilege to report official proceedings and fair comment and opinion. Proof of this is often required by persons suing for trade libel or "libel per quad"

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actual malice

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in libel, publication with the knowledge of the falsity of a story or with reckless disregard for the truth. The U.S. Supreme Court has said that both public officials and public figures must prove "New York Times" ___ in order to win libel suits

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actual malice

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unprotected words that by their very utterance inflict injury or tend to incite an immediate breach of the peace

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fighting words

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public property dedicated to public discourse, such as a speaker's corner, or public property, traditionally open to public debate, such as streets and sidewalks. The law also recognizes a nonpublic forum in public property, such as an army base, dedicated to purposes other than free speech

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public forum

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the standard the FCC uses to make decisions, according to the Communications Act of 1934

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public interest