Media Law (Test 1)

Front 1

Framework for analysis for a case

Back 1

1. what is the background?
2. the legal arguments?
3. who won?
4. Reason they won?

Front 2

What type of court asks if the law was applied properly?

Back 2

Appellate (court of appeals)

Front 3

What type of court is the fact finding court?

Back 3

Trail court

Front 4

How many judicial circuits are there?

Back 4

13, each has its own court of appeals.

Front 5

SC is in the _______ circuit along with_____, ____, ____ &_____.

Back 5

Fourth
NC, VA, WV, MD

Front 6

The appeals court for the 4th circuit is in____________.

Back 6

Richmond, VA

Front 7

The two parties in a case start off as the_______ and _______. In the appeal process become______ and _______.

Back 7

-plaintiff and defendant
-petetioner and respondant (or appelee)
*note that the names switch sides

Front 8

Name the 9 Justices:

Back 8

1.John G. Roberts, Jr.
2.Antonin Scalia,
3.Anthony M. Kennedy
4.Clarence Thomas
5.Ruth Bader Ginsburg
6.Stephen G. Breyer
7.Samuel Anthony Alito, Jr
8.Sonia Sotomayor
9.Elena Kagan

Front 9

Supreme Court justices, court of appeals judges, and district court judges are nominated by the ______ and confirmed by the __________.

Back 9

President
United States Senate

Front 10

How many cases are heard by the supreme court annually?

Back 10

100ish

Front 11

How do you get your case heard before the Supreme Court?

Back 11

1. A Writ of Certiorari is ordered.
2. written legal arguments from both sides are read.
3. oral arguments are presented
4. the 9 justices deliberate
5. written opinion is issued by whoever the majority (most senior) justice decides.

Front 12

The losing half of the justices in a case is called the ________.

Back 12

dissenting or minority

Front 13

If there is another reason why a justice has decided to cast a vote for the case, he or she will write a statement called_________.

Back 13

concurring opinion

Front 14

Judicial disqualification, also referred to as _____, refers to the __________ participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.

Back 14

recusal
act of abstaining from

Front 15

In the case that there is a tie in the Supreme Court the_______ court's decsion is________.

Back 15

lower
upheld

Front 16

What are the 5 sources of Law?

Back 16

1. Constitutional
2. Administrative
3. Statutory
4. Equity
5. Common
(note CASE-C)

Front 17

Define Administrative Law:

Back 17

law by commissions, agencies etc (FCC, FTC, SEC)

Front 18

Define Statutory Law:

Back 18

elected officials, congress etc.

Front 19

Define Equity law:

Back 19

judge ordered, preemptive

Front 20

Define Common law:

Back 20

oldest type of law that builds predictability into the system, judges rarely stray from precident.

Front 21

5 theories on freedom of expression:

Back 21

1. Absolutist
2. Ad Hoc balance
3. Preferred Position
4. Meiklejohn
5. Access

Front 22

Who are the two big names associated with the absolutist approach?

Back 22

1. William Douglas
2. Hugo Black

Front 23

Ad Hoc balancers start every case with a score of press: ___ Government:_____.

Back 23

0
0

Front 24

Preferred Position Theorists start the game with, Press:___ and Government:____.

Back 24

7
0

Front 25

Meiklejohn Theorists believe that on matters of ________, the ________ deserve total protection.

Back 25

democracy
press

Front 26

Access Theorists are basically believe that____________.

Back 26

Everyone should have the right to express his/her views via mass media.

Front 27

Five functions of freedom of the press:

Back 27

1. truth seeking
2 .self governance
3. checking/watchdogging
4. saftey valve
5. self fulfillment

Front 28

Milton's famous quote about truth:

Back 28

Let Truth and Falsehood grapple; who ever knew Truth put to the worse, in a free and open encounter."

Front 29

A speech of John Milton for the liberty of unlicensed printing to the Parliament of England.

Back 29

Areopagitica

Front 30

Planned Parenthood vs. Coalition for life

(Censorship or Prior Restraint)

Back 30

- coalition for life's site "nuremberg files" crossed out doctor's faces who committed abortion.
-PPH files suit to get the site shut down using the FACE law.
- PPH wins in trial court
-C4L appeals to 3 panel judge appeals court and wins rights to have the site
- gets taken to the Supreme Court, Supreme court rules in favor of PPH 6-5 because of intimdation factor

Front 31

What is the FACE law?

Back 31

F-ree
A-ccess to
C-linic
E-ntrances

Front 32

What was the case example used in class for libel law?

Back 32

( Horsley vs. CNBC)
- In speaking to Geraldo about a abortion doctor who was murdered Horsely said "he got what he deserved"
-Geraldo says "you are accomplice to murder"
- Horsley sues CNBC and looses the case because he obviously was using a rhetorical device, not saying that Horsley pulled the trigger.

Front 33

Bigelow vs. VA, established

Back 33

First Amendment protection for advertising.
(remember Womens Pavillion)

Front 34

Jane Roe vs. Aware Womens center for choice called into question if____________.

(Free Press vs Fair Trial)

Back 34

The woman's name should be published in this case and her pricvacy in her abortion be let out to the public.

Front 35

Becker vs FCC

Back 35

- Becker is running for Congress in GA
- he is anti abortion and wants to run a commercial with a fetus being aborted.
- he goes to battle with the FCC
-He wins and gets to air it.

Front 36

What was the law called that was made to protect Adams against the media and people for Jefferson in 1798?

Back 36

The Alien & Sedition Act

Front 37

Schneck vs. US:

Back 37

-WW1 Schneck passes out socialist fliers saying "US out of Europe" , Schneck arrested.
-US Wins
-National Security

Front 38

When Eugene Dennis was talking about overthrowing the government, what did the US get him on?

Back 38

Violation of the Smith Act- the anti commie law.
-US wins in court against him.

Front 39

(falsely) "Shouting fire in a crowded theatre" is a phrase used by whom, referring to what?

Back 39

-Oliver Wendell Holmes
- Schneck case

Front 40

A phrase also popularized by the Schneck case was is:

Back 40

Clear and present danger.

Front 41

What case in 1969 over turned the Schneck case?

Back 41

Brandenburg vs Ohio
(remember the Klan: "we may be force to take revenge.")

Front 42

What is the US vs. NY times case often reffered to as?

Back 42

The Pentagon Papers case

Front 43

__________ gave 7000 pages of government appointed research to the Times.

Back 43

Daniel Ellsburg

Front 44

"The H-bomb secret" was in the 1979 _________ case. Who won?

Back 44

US vs Progressive Magazine
US won

Front 45

The DOD won the case against_________ when it came to allowing the press access at Dover.

Back 45

JB Pictures

Front 46

Snepp vs US was about the book that Snepp wrote called________ and the CIA was trying to get Snepp on a ___________.

Back 46

- Decent Interval
- Prepublication Agreement