Communications 407 Media Law Ch. 1, 2, 3, 4

Front 1

How could a U.S. Supreme Court decision interpreting the meaning of the Constitution be overturned?

Back 1

by a Constitutional amendment;

by a later Supreme Court decision

Front 2

The common law is derived from

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court decisions

Front 3

The rules and regulations adopted by the Federal Trade Commission are examples of

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Administrative Law

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In legal terminology, a CODE is:

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an organized body of statutory law

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Products liability, medical malpractice, battery, invasion of privacy, trespass, wrongful death and libel all fall within a field of civil law known as:

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Torts

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In a court of equity, an aggrieved party may secure:

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non-monetary remedies such as injunctions, restraining orders, and orders of specific performance

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Decisions of a U.S. District Court are normally appealed to the

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U.S. Circuit Court of Appeals

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Legal precedents are normally established by decisions of all of these:

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a States highest court;

the U.S. Supreme Court;

U.S. Circuit Courts of Appeals;

Not: jury verdicts in trial courts

Front 9

The term stare decisis refers to

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the principle that courts normally follow judicial precedents

Front 10

During most lawsuits, each side is allowed to ask questions of the opposing side before trial. This process is called:

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Discovery

Front 11

When an appellate court remands a case, that means

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a lower court is directed to reconsider the case in light of the appellate courts opinion

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When an appellate court distinguishes a previous decision, that means

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the court declines to follow it as a precedent, citing differences between its facts and those of the current case

Front 13

The term jurisdiction refers to

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the geographical territory within which a government may exercise authority;

the subject area or type of dispute over which legislatures and court systems have authority

Front 14

The federal and state judicial systems consist of two basic kinds of courts. They are

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trial courts and appellate courts.

Front 15

Under the doctrine of judicial review, it is the role of each state court system to

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interpret that states constitution

Front 16

Without the blank, common law would simply be a worthless muddle of disjointed rules.

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doctrine of precedent

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In most jurisdictions, statutes passed by legislative bodies are systematically arranged in bound volumes. These compilations are referred to as

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Codes

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When there is no contested issue of fact, a judge may end a case prior to trial by granting a motion for

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Summary Judgment

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A weaker substitute for a majority opinion is a

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plurality opinion

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The First Amendments guarantees of free speech and free press were made binding on the states in the case of

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Gitlow v. New York

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The First Amendment says, “Congress shall make no law...”, and it never mentions state or local governments. Why does the First Amendment apply to the states today?

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because of the “due process,” clause of the Fourteenth Amendment

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Justice Oliver Wendell Holmes first set forth his famous clear and present danger test for determining whether controversial speech is protected by the First Amendment in the case of

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Schenck v. U.S.

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Justice Oliver Wendell Holmes used the clear and present danger test to uphold the conviction of a man who actively opposed World War I, but he later rethought the meaning of the clear and present danger test and joined Justice Louis Brandeis in a famous concurring opinion that advocated broader First Amendment safeguards for unpopular speech in

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Whitney v. California

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A Ku Klux Klan members prosecution under a criminal syndicalism law was invalidated by a Supreme Court decision holding that even those who express violent racist views are protected by the First Amendment unless they create an imminent danger of violent action. The case

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Brandenburg v. Ohio

Front 25

What website generated public and legal concern when its owners released thousands of classified government documents?

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Wiki leaks

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Areopagitica was a famous early defense of freedom of expression. Its author was

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John Milton

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The Supreme Court first clearly held that prior censorship of the news media by government is usually unconstitutional in

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Near v. Minnesota

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In the “Pentagon Papers” case (New York Times v. U.S.), the Supreme Court overruled an attempt by the federal government to censor the nation’s leading newspapers. The court so ruled primarily because

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the government did not adequately prove that national security was in jeopardy in this particular case

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In the case of Texas v. Johnson, the Supreme Court ruled that the First Amendment protects

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those who desecrate the American flag as a political protest

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The Supreme Court ruled that “hate speech” (e.g., burning a cross as a symbolic act) is protected by the First Amendment in the case of

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RAV. v. St. Paul

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In 2003 the Supreme Court clarified the decision cited in the previous question by holding that cross-burning is not protected by the First Amendment if it can be shown that it was intended to intimidate anyone. The 2003 case

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Virginia v. Black

Front 32

In U.S. v. National Treasury Employees Union, the Supreme Court

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overturned a ban on federal employees being paid for speaking or writing articles even on topics unrelated to their work

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Suppose a city passed a law banning demonstrations that target a specific private residence while allowing them on public sidewalks in general. Based on the Frisby v. Schultz case, such a law would be

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okay—not an unconstitutional restriction on freedom of expression

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In 2007, the California Supreme Court reaffirmed that there is a right to picket a store in a private shopping mall under the California state Constitution even though very few other states have chosen to follow its earlier decision recognizing this right. The case

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Fashion Valley Mall v. NLRB

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In lawsuits involving public issues that are covered by the mass media, the elements of libel now include all of the following

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defamation;

dissemination;

identification;

some kind of fault;

Not: absence of malice

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The common law defenses in libel actions include all of the following

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truth;

privilege;

fair comment;

Not: malicious intent.

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The landmark New York Times v. Sullivan decision established a new requirement that public officials who sue for libel must prove actual malice. As defined in this case, actual malice means

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publishing a falsehood with knowledge or with reckless disregard for the truth

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The Supreme Court extended the actual malice rule to public figures as well as public officials for the first time in

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Curtis Publishing v. Butts

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In the 1974 case of Gertz v. Welch, the Supreme Court authorized the states to

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exempt private persons from proving actual malice if they could prove at least negligence

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Some well-known people are treated as private persons (as opposed to public figures) in libel lawsuits today. This practice was encouraged by several Supreme Court decisions of the 1970s, including

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Hutchinson v. Proxmire and Time v. Firestone

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A number of states have enacted anti-SLAPP laws. These laws are primarily intended to

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protect those who speak out about public issues from harassment lawsuits

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Which of the following may sue for libel in most states

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corporations;

private individuals;

public officials;

public figures;

NOT: government agencies

Front 43

Who may be sued for libel when a libelous letter to the editor is published in a newspaper?

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the editor;

the publisher;

the author of the letter;

the corporate owner of the newspaper.

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Suppose an editorial in a newspaper charges that all five members of the local city council are incompetent. Under the law in most states, who may successfully sue for libel?

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no one because this is an expression of opinion

Front 45

The Ninth Circuit refused to allow a Section 230 defense against a charge of promissory estoppel in which case?

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Barnes v. Yahoo! Inc.

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In Noonan v. Staples, the First Circuit called what traditional libel defense into question, based on state law?

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truth

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“Trash talk,” like calling someone a whore or a skank, is still considered to be libelous online, said a state court in the case

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Cohen v. Google

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From the beginning of this nation, defamation law fell almost exclusively under the domain of the

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States

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Libel may be defined as a false statement of fact that is disseminated about a person and tends to

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injure that person's reputation

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Who can be defamed?

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Formal business entities;

Any living individual.

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"Libel per se" is language that is defamatory only when considered in light of outside facts.

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False

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In a libel lawsuit, "publication" occurs when defamatory statements are communicated

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to at least one "third person"

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In 1997, a U.S. appeals court ruled 3–0 that Hit Man was not protected by the free speech/free press clause of the First Amendment in the case

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Rice V. Paladin Enterprises