Test 2

Front 1

Political speech is protected...but government does not like to protect...

Back 1

COMMERCIAL SPEECH because it is exaggerated and misleading

Front 2

FTC

Back 2

Federal Trade Commission, intended to help enforce antitrust laws involving "unfair methods of competition in commerce"
-power to regulate false and deceptive commercial messages, defining "deceptive advertising"
-supervising product ADVERTISING

Front 3

FDA

Back 3

-FOOD AND DRUG ADMINISTRATION
-policing foods, drugs, medicines, and liquors that were mislabeled or adulterated.
-task of policing product LABELING

Front 4

FCC

Back 4

-FEDERAL COMMUNICATIONS COMMISSION
-granting of licenses to radio and TV stations based on applicant's proposals for serving the "public interest, convenience, or necessity"

Front 5

SEC

Back 5

-SECURITIES AND EXCHANGE COMMISSION
-police false and deceptive advertising for securities, such as stocks and bonds

Front 6

U.S. Postal Service

Back 6

-policing false advertising for securities
-impound suspected materials sent thru the mails

Front 7

States have right to regulate...

Back 7

TIME, PLACE AND MANNER

Front 8

-requires the company to spend a percentage of its advertising budget for a specified period of time to pay for messages telling the public of misinformation in past advertising

Back 8

CORRECTIVE ADVERTISING

Front 9

-misleading or outright false advertising
-three key elements:
1. consumer characteristics, reasonable consumer
2. probability of deception
likelihood that the ad taken as a whole will actually deceive the reasonable consumer
3. significance of the deception
must be significant enough to actually influence reasonable consumer's decision about whether to purchase product or service offered

Back 9

DECEPTIVE ADVERTISING

Front 10

-similar to an injuction, remains in effect indefinitely unless appealed within sixty days to the US court of appeals

Back 10

cease-and-desist order

Front 11

-to stop a message before it is communicated
"gate-keeping"
-happens very rarely and in extreme cases

Back 11

PRIOR RESTRAINT

Front 12

-to allow the message to be sent, but to punish the source of the message after communication has taken place

Back 12

POST FACTO PUNISHMENT

Front 13

RICO

Back 13

-the federal RACKETEERING INFLUENCED AND CORRUPT ORGANIZATIONS ACT
-permits prosecutors to seize profits from organized crime--such as from the sale of drugs
-includes "obscene" sexual expression

Front 14

-enitre history of the US, the gov. had never used the federal courts as a tool for preventing the publication of a message until the...

Back 14

Pentagon Papers

Front 15

-Ellsberg print the "history of the US decision making process on the Vietnam policy

Back 15

pentagon papers

Front 16

-pass a national journalists' privilege law to provide protection to reporters

Back 16

Shield laws

Front 17

-gives the media a high protection against surprise searches

Back 17

Privacy Protection Act of 1980

Front 18

-open meetings law

Back 18

Sunshine Act

Front 19

-provides FA values by providing limited access to the records of the executive brance of the federal gov.

Back 19

FOIA, THE FREEDOM OF INFORMATION ACT

Front 20

-the gov. must "show that there is probable cause to believe that the newsman has info. which is clearly relevant to a specific probable violation of law"

Back 20

The Relevance test

Front 21

-the gov. must "demonstrate that the info. sought cannot be obtained by alternative means less destructive of FA rights"

Back 21

The alternative means test

Front 22

-the gov. must "demonstrate a compelling and overriding interest in the info."

Back 22

-the compelling interest test

Front 23

-the three-part test to apply when asking a reporter to testify about confidential sources

Back 23

1. the relevance test
2. the alternative means test
3. the compelling interest test

Front 24

-documents that must be kept secret in the interest of national defense or foreign policy are exempt from disclosure

Back 24

national security

Front 25

-speech conjoined with action

Back 25

"speech plus"

Front 26

-reasonable time, place and manner regulations that are content-neutral are offten necessary to support significant gov. interests

Back 26

compatible use rule

Front 27

-places such as streets and parks which by long tradition..has been devoted to assembly and debate and in which the rights of the state to limit expressive activity are sharply circumscribed

Back 27

Quintessential public forums

Front 28

-special manner of communication that is nonverbal in nature

Back 28

symbolic expression

Front 29

-process when we question potential jurors to assess their suitability to hear a case

Back 29

voir dire

Front 30

-isolating the jury so they can't hear speech that would sway their opinions

Back 30

sequestration

Front 31

-speech can still be regulated but it is a place for people to gather
ex. auditoriums

Back 31

open forum

Front 32

-an unsigned opinion of the court in wchih no author is identified. such opinions express the collective view of at least a majority of judges and do not have to be unanimous

Back 32

Per curiam

Front 33

-all of the judges of a give court come to the bench to hear arguments and vote.

Back 33

En banc

Front 34

-general rule, term refers to commercial advertising for a product or a service

Back 34

commercial speech

Front 35

THE FA AND THE SIXTH AMENDMENT...

Back 35

support an open courtroom

Front 36

DUTY TO OBEY...

Back 36

1. disobey statute believed to be invalid
2. disobey statute that is administered in an unconstitutional way
3. disobey court order

Front 37

prior restraint can be used if instances of:

Back 37

1. national security
2. public decency
3. incitement to violence

Front 38

Central Hudson test

Back 38

1. message content
2. gov. interest
3. advancement of the gov. interest
4. reasonable fit between ends and means