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38 Cards in this Set

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  • Back
Political speech is protected...but government does not like to protect...
COMMERCIAL SPEECH because it is exaggerated and misleading
FTC
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
FDA
-FOOD AND DRUG ADMINISTRATION
-policing foods, drugs, medicines, and liquors that were mislabeled or adulterated.
-task of policing product LABELING
FCC
-FEDERAL COMMUNICATIONS COMMISSION
-granting of licenses to radio and TV stations based on applicant's proposals for serving the "public interest, convenience, or necessity"
SEC
-SECURITIES AND EXCHANGE COMMISSION
-police false and deceptive advertising for securities, such as stocks and bonds
U.S. Postal Service
-policing false advertising for securities
-impound suspected materials sent thru the mails
States have right to regulate...
TIME, PLACE AND MANNER
-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
CORRECTIVE ADVERTISING
-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
DECEPTIVE ADVERTISING
-similar to an injuction, remains in effect indefinitely unless appealed within sixty days to the US court of appeals
cease-and-desist order
-to stop a message before it is communicated
"gate-keeping"
-happens very rarely and in extreme cases
PRIOR RESTRAINT
-to allow the message to be sent, but to punish the source of the message after communication has taken place
POST FACTO PUNISHMENT
RICO
-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
-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...
Pentagon Papers
-Ellsberg print the "history of the US decision making process on the Vietnam policy
pentagon papers
-pass a national journalists' privilege law to provide protection to reporters
Shield laws
-gives the media a high protection against surprise searches
Privacy Protection Act of 1980
-open meetings law
Sunshine Act
-provides FA values by providing limited access to the records of the executive brance of the federal gov.
FOIA, THE FREEDOM OF INFORMATION ACT
-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"
The Relevance test
-the gov. must "demonstrate that the info. sought cannot be obtained by alternative means less destructive of FA rights"
The alternative means test
-the gov. must "demonstrate a compelling and overriding interest in the info."
-the compelling interest test
-the three-part test to apply when asking a reporter to testify about confidential sources
1. the relevance test
2. the alternative means test
3. the compelling interest test
-documents that must be kept secret in the interest of national defense or foreign policy are exempt from disclosure
national security
-speech conjoined with action
"speech plus"
-reasonable time, place and manner regulations that are content-neutral are offten necessary to support significant gov. interests
compatible use rule
-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
Quintessential public forums
-special manner of communication that is nonverbal in nature
symbolic expression
-process when we question potential jurors to assess their suitability to hear a case
voir dire
-isolating the jury so they can't hear speech that would sway their opinions
sequestration
-speech can still be regulated but it is a place for people to gather
ex. auditoriums
open forum
-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
Per curiam
-all of the judges of a give court come to the bench to hear arguments and vote.
En banc
-general rule, term refers to commercial advertising for a product or a service
commercial speech
THE FA AND THE SIXTH AMENDMENT...
support an open courtroom
DUTY TO OBEY...
1. disobey statute believed to be invalid
2. disobey statute that is administered in an unconstitutional way
3. disobey court order
prior restraint can be used if instances of:
1. national security
2. public decency
3. incitement to violence
Central Hudson test
1. message content
2. gov. interest
3. advancement of the gov. interest
4. reasonable fit between ends and means