Media Law And Ethics Chpt 2

Front 1

During what period of time did John Stuart Mill live?

Back 1

During the time of reform and revolution.

Front 2

When was "On Liberty" published?

Back 2

1859

Front 3

The essay "On Liberty" is a "brilliant defense" of what?

Back 3

Individual freedom

Front 4

Alan Dershowitz says that "every citizen of the world who aspires to freedom should reread Mill's "On Liberty" periodically" and should consistently do what?

Back 4

Evaluate and challenge the actions of the state by reference to its simple but profound principle.

Front 5

The subject of the essay is what?

Back 5

Civil or social liberty.

Front 6

What is the classic struggle that Mill discusses?

Back 6

Between liberty and authority.

Front 7

What is the tyranny of the majority, and why must society be on guard against it?

Back 7

The means of tyrannizing are not limited to acts--mandate good or bad. Mandating with things that shouldn't be meddled in.

Front 8

No two ages and scarcely any two countries have decided what alike?

Back 8

Rules of conduct by law and opinion.

Front 9

What does Mill say about social custom?

Back 9

Magical illusion, makes things appear self-evident, self-justifying. It's second nature, often mistaken for the first.

Front 10

What is the key principle proposed on page 11?

Back 10

Popular opinion influence can lead to bad laws and prevent good laws.

Front 11

To whom does this principle apply?

Back 11

Human beings in the majority of their faculties.

Front 12

What would constitute a prima facei case for punishing someone?

Back 12

If anyone does any act hurtful to others.

Front 13

Should people be compelled to perform positive acts for the benefit of others?

Back 13

Yes, but more carefully than prevention of bad acts.

Front 14

What is the appropriate region of human liberty?

Back 14

When a person's actions affects themselves and others with their free, voluntary and undeceived consent and opinion.

Front 15

"The only freedom which deserves the name" is what?

Back 15

The freedom to pursue one's own good in their own way as long as they don't attempt to deprive others of theirs or impede other's efforts.

Front 16

Why should we expect to see an increase in the imposition of some men's opinions and inclinations on the conduct of others? What must we raise to prevent it?

Back 16

It's human nature to want power, and power is increasing. We must raise the barrier of moral conviction.

Front 17

The best government has no more title than the worst to what?

Back 17

To silence the individual.

Front 18

How does Mill support his assertion that "If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind?"

Back 18

It's robbing the human race. If the one be right, win; if they're wrong, the position of truth is better established.

Front 19

What does Mill mean when he says that "all silencing of discussion is an assumption of infallibility?

Back 19

If you silence others it's like saying you have absolute truth and knowledge.

Front 20

How does the assumption of infallibility relate to ages as well as to individuals?

Back 20

Ages are no more infallible than individuals--all ages later have things disproved.

Front 21

"Noe wise man ever acquired his wisdom in any mode but" what?

Back 21

By hearing what can be said of it by people of varying opinions.

Front 22

What is the problem with denying a hearing to opinions with which we disagree?

Back 22

It's assuming judgement when both sides have not been heard.

Front 23

What does Mill say about Socrates, Christ, and Marcus Aurelius? How do these examples fit into his argument?

Back 23

People wanted to silence Socrates and Christ, whose ideas we recognize now as good and wise. Marcus Aurelius could have been a much better ruler, but he allowed fear to persuade him to silence the opinions of Christians.

Front 24

What is "as important a service as a human being can render to his fellow-creatures?

Back 24

To discover something which deeply concerns the world, of temporal or spiritual interest.

Front 25

What are Mill's views about the dictum that truth always triumphs over persecution?

Back 25

That it's not so. Truth, when an opinion is true, may be extinguished countless times, but people throughout ages rediscover it and eventually it will become established.

Front 26

"No one can be a great thinker who does not recognize" what?

Back 26

He must follow his intellect to whatever conclusions it may lead.

Front 27

What has made some periods of history so remarkable?

Back 27

Progress has been made when fear of heretaracy has been dissipated.

Front 28

Why is it important to have freedom of discussion not only about received opinions that are false, but also about received opinions that are true?

Back 28

To actually come to know truth, to prove it for themselves.

Front 29

Pages 37-38 argument and why Mill's argument here is central to the notion of free expression in society?

Back 29

So people can hear both sides of the issue and know, really, why they feel the way they do, know they have the true principles to base life on, and law, legislation.

Front 30

What does Mill say about received and new religions?

Back 30

They're given strength when struggling to ascend above other religions--the mind must becompelled to exercise because of religion's questions.

Front 31

What does Mill mean when he says "The fatal tendency of mankind to leave off thinking about a thing when it is no longer doubtful, is the cause of half their errors. A contemporary author has well spoken of the 'deep slumber of a decided opinion.'"

Back 31

Truths can't change, but our knowledge does and who knows but that we will be able to adjust our opinion of truth to be most correct?

Front 32

Heretical opinions are generally what?

Back 32

Generally some of these suppressed and neglected truths, bursting the bonds which kept them down, and either seeking reconciliation with the truth contained in the common opinion, or fronting it as enemies, and setting themselves up, with similar exclusiveness, as the whole truth.

Front 33

In politics, two parties are both necessary elements of a healthy state of political life. What are they?

Back 33

A party of order or stability, and a party of progress or reform.

Front 34

Which of two opinions has greater claim to be tolerated and encouraged--the majority or the minority?

Back 34

The minority. It represents the neglected interests, the side of human well-being which is in danger of obtaining less than its share.

Front 35

What are the four distinct grounds upon which Mill has built his argument for freedom of opinion and freedom of expression of opinion?

Back 35

1. If any opinion is compelled to silence, that opinion may, for all we know, be true. To deny this is to assume our own infallibility.
2. Even if silenced opinion is wrong, it contains some truth and can help us gain better truth.
3. Silenced opinion may be true, and must be vigorously pursued so people trust it.
4. If silenced content of doctrine could be compromised.

Front 36

What has been the effect of the September 11, 2001, terrorist attacks on the debate about freedom of expression?

Back 36

Government trying to balance freedom and security.

Front 37

What does the text say about public attitudes on and knowledge about the First Amendment?

Back 37

They celebrate the freedom, guaranteed in it, but they're entirely comfortable with them. Most Americans seem to support restrictions.

Front 38

How did the British government and the Church of England react to the introduction of the printing press in the mid-1400s?

Back 38

Restrictions!

Front 39

What was the Areopagitica, who wrote it, and what was its significance?

Back 39

John Milton wrote it, criticizing government censorship. It said that truth will always win against falsity.

Front 40

What is the essence of William Blackstone's perspective?

Back 40

No prior restraint, people suffer the consequences of their exercise of speech.

Front 41

What is the essence of John Locke's perspective?

Back 41

Government should answer to the people, instead of people to the governing.

Front 42

What is seditious libel, and what was a key theory in a prosecution for sedition?

Back 42

Criticism of the government; the greater the truth, the greater the libel.

Front 43

What did it mean in Colonial America for something to be published by authority?

Back 43

Printed by a printer who was licensed by the government to print.

Front 44

Who was John Peter Zenger, and what was the significance of his trial?

Back 44

He was a publisher who printed harsh attacks against the government. His attorney convinced the jury to acquit, saying that no one should ever be punished for printing the truth.

Front 45

How did the Bill of Rights come into being?

Back 45

Many states ratified the Constitution under condition of requiring one to help protect individual rights.

Front 46

What is the significance of the case Gitlow v New York?

Back 46

It broadened the scope of the First Amendment to state laws because of the 14th Amendment.

Front 47

What tow key ideas are included in the "concept of incorporation?"

Back 47

States must comply with First Amendment, plus federal courts have authority to review the constitutionality of state laws.

Front 48

What does it mean for a regulation on expression to be content neutral?

Back 48

It can't prohibit expression of ideas just because society finds it offensive (besides those things not protected, ie obscenity, fighting words, info that harms Nat. security)

Front 49

What are the elements of the strict scrutiny test?

Back 49

1. There's a compelling government interest for the regulation.
2. The regulation is necessary and narrowly tailored to meet that government interest.

Front 50

What does it mean for a regulation on expression to be vague or overbroad?

Back 50

So unclear that people of common intelligence must guess at its meaning and will differ in their methods of application.

Front 51

What is First Amendment due process, and what is it intended to prevent?

Back 51

It requires certain safeguards so individual rights are protected. Specific legal procedure courts require that allows them to decide what expression is protected. To prevent self-censorship, which occurs when individuals are unable to distinguish between protected and unprotected speech.

Front 52

What has been the impact of technology on interpreting First Amendment rights in changing times?

Back 52

As technology developed, the distinctions between "speech" and "press" have been increasingly blurred.

Front 53

"In a broad sense, the courts have provided First Amendment protection to" what?

Back 53

Expression, a term that incorporates speech, press, and some conduct. It also includes many forms of entertainment like theater performances, movies and dancing.

Front 54

Why haven't the courts been able to clearly distinguish between speech and press?

Back 54

They've been required to go beyond the vrbal and written communication of ideas based on what the framers were thinking to issues directing the development of modern technology.

Front 55

What five values of free speech does the text identify?

Back 55

-Discovery of truth
-Continuance of self-government
-Check on government power
-Promotion of stable change
-Individual fulfillment

Front 56

Under the hierarchy in which some types of sppech receive more protection than others, what kind of speech receive almost absolute protection?

Back 56

Speech critical of the government and speech broadcast over the airwaves that fulfills equal opportunity mandates.

Front 57

Four tests used by the courts the balance freedom of expression against other rights to determine which must give way.

Back 57

Bad tendency: if expression was expected to cause even the slightest tendency toward harm
Clear & present danger: if a clear and present danger that the expression will bring about substantive evils.
Balancing test: deliberately weigh the values of speech against conflicting values or interests
Strict scrutiny: government must show a compelling reason for instituting a regulation that abridges speech. Narrowly tailored.

Front 58

What are the examples of three levels of First Amendment protection given in the book?

Back 58

Political (highest)
Commercial (lower)
Obscenity, false advertising, fighting words (not protected)

Front 59

Does the First Amendment guarantee the right to contribute money and to solicit funds, within limits?

Back 59

Yes.

Front 60

Does freedom of expression guarantee some right to remain silent?

Back 60

Yes.

Front 61

What is the hierarchy of the classes of people?

Back 61

Adults
University students
(private universities)
High school students
Government employees
Prisoners