Laws And Ethics Quiz 2

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Socratic Method

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Began with Socrates 2,500 years ago. Ask increasingly difficult questions. Than ask follow-up questions to expose inconsistencies and weaknesses in students answer

Continual questioning lead to basic truth

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Three temparments

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The Basic drives: Food, sex, and other comforts

An assertive nature: Defending, competing, and surviving

Reason

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The right course of action lies between the two extremes

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use your experience and reason

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Thomas Hobbes

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English scholar who influenced British and American ethical and political thought in the 17th century

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The Social Contract

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prehistoric humankind lived in a world of "continual fear and danger of violent death"

Believed in prosperity, peace and long life

Humankind formed alliances out of self-interest

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Act Utilitarians

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Judges the consequences of the actions

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Rule Ultilarians

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Judge an action by what the consequences would be if the action became the rule that people lived by

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Foes of Utilitarianism

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Criticize it is difficult to predict the consequences of our actions

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Categorical Imperative

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Act as if the maxim of your action were to become through your will a universal law of nature

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Duty-based ethics

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Real test of morality is whether people do the right thing even if it is against their own self-interest.

ex. Journalist go to jail rather than reveal their sources

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The Potter Box

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Definition , Values, Principles, Loyalties

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Embedding

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the press is allowed to accompany the military in a war zone, and press pooling used

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Flynt v Rumsfiedl

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All future instances of embedding is subject to the discretion of the military

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Secret dockets

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court records regarding the existence of a case are kept concealed by removing them from the public docket

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State secrets privlege

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Wherein access to some trails and proceedings during wartime can disappear completely

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FOIA

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allows access to records kept by federal government, yet the government employs nine exemptions that could potentially jeopardize national security

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CIPA

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details procedures for the courts to consider when the government argues that classified info can't be publicly disclosed during a criminal prosecution.

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Punishment for publishing national security information

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there remains the slight possibility that government could punish the press for exposing information that could expose national security secrets

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Self-censorship by the news media

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occurs when members of the news media silence themselves in fear of government retaliation. It may also occur because some members of the press decide not to offend viewers or readers.

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Tinker v. Des Moines independent Community School District

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Students protesting Vietnam war with peace signed armbands

Outcome: May regulate speech that may disrupt of interfere with classwork

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Hazelwood School District v. Kuhlmeier

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The principle removed two pages out of school's newspaper which featured an article on teen pregnancy and the impact of parents' divorce

Outcome: “Schools may regulate speech that is school sponsored and/or that is part of the school curriculum, so long as the censorship is reasonably related to legitimate pedagogical concerns.”

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Bethel School District v. Fraser

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- Student makes sexually suggestive speech in front of 600 students

Outcome: Schools may regulate sexually offenstive speech that is lewd, vulgar or indecent

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Kincaid v. Gibson and Hosty v. Carter

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addresses censorship and prior restraint on college campuses.

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ACLU of Florida v. Miami

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addresses book banning in public school libraries.

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Problems for college students

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Student Journalist aren't able to get access to reports on faculty performance, meetings and hearings.

Thefts of all issues by those that disagree

reductions or ceased funding

restricting paid advertising

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Time, Place and Manner Restriction

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Government can base attempts of prior censorship of content based on the time, the place or the manner of communication.

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Intermediate Scrutiny

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set of rules court has developed to regulate restrictions.

Rules must be content neutral, can't impose complete ban of communication, must be justified by a substantial state interest, must be narrowly tailored and can't restrain more expression than is required to future interest.

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Traditional Public Forum

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public places that have a long tradition of being devoted to assembly and speeches (I.E in-front of city hall).

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Designated Public Forum

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places created by the government to be used for expressive activities (I.E a city owned community meeting hall).

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Public Property That is Not a Public Forum

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the government has greater power to regulate and restrict speech at these areas (I.E military bases).

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Private Property

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owners are free to regulate who uses their property for expressive activity.

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Hate Speech

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words written or spoken that attack individuals or groups because of their race, ethnic background, religion, gender or sexual orientation

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Fighting Words Doctrine

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“ Those which their very utterance inflict injury or tend to incite an immediate breach of the peace.”

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Chaplinsky v. Gooding

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established that while fighting words are prohibited only when face-to-face insults will lead to a violent response on the part of the victim

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Unprotected Harassment

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Harassment must include something beyond the mere expression of views, words, symbols or thoughts that some person finds offensive.

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Protected Expression

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The government can't prohibit invective or epithets that simply injure someone's feelings or are merely rude or discourteous

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Election Campaigns

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campaign spending is closely tied to freedom of speech and is protected under the First Amendment.

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Net Neutrality

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An effort to allow internet access to operate as democratically as possible

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Internet Freedom Preservation Act

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designed to ensure that broadband service providers do not discriminate against internet content, applications or services by offering preferential treatment.