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31 Cards in this Set
- Front
- Back
Puffery |
Exaggerated description to sell goods and services |
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Puffery |
A reasonable person would recognize this as a hyperbole because it is not intended to be taken literally |
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puffery |
"world's best coffee" |
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deceptive advertising |
"castor oil leads to longer engine life" |
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deceptive advertising |
a representation, omission, or practice that is likely to mislead the consumer acting responsibly to the consumer's material detriment the consumer would have chosen differently but the decption |
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central hudson gas & electric v. Public Service Commission |
refused to allow company include political messages in monthly bills set forth 4 part test determining when commercial speech may or may not be regulated by the states |
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prior restraint |
censorship of a message before it is communicated |
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timing of government intervention |
key to identifying prior restraint? |
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pentagon papers |
unauthorized publication of military papers permitted the continued publication because the government had not met its burden of proof to show the justification for prior restraint in this case |
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Near v. Minnesota |
Writer made several anti-semitic remarks in newspaper, secured court order because of its malicious content, supreme court removed it and said the gag law violated the constitution set up the idea that prior restraint should only be used in rare cases & that the proper course of action is post facto |
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Marchetti v. United States Snepp v. United States |
federal govt. to prevent ex CIA agents from publishing books about secret work without advanced permission court announced that secrecy agreements were indeed binding and that the 1st amendment could NOT save expression that came under valid secrecy contracts |
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United States v. Progressive |
H-bomb printed in newspaper argued national security but when more and more articles of the same type were being printed, government dropped the case |
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Branzburg v. Hayes |
ruled that 1st amendment does NOT exempt reporters from "performing the citizen's normal duty of appearing and furnishing information relevant to the grand jury's task" brought forth the 3 part test for Free Press/Fair Trial |
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1. relevance 2. alternative means 3. compelling interest in the information |
3 part test under Branzburg v. Hayes when asking a reporter to testify: |
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Nebraska Press Assoc. v. Stuart |
Restricting access to the press must be supported with evidence to show it is essential less drastic means should be used when possible |
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Sheppard v. Maxwell |
Held that extensive pretrial publicity could prejudice prospective jurors and prevent the accused from receiving a fair trial by an impartial jury, as guaranteed by the 6th amendment In response, some trial court judges began issuing restrictive orders limited media coverage and then came the Nebraska Case.... |
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Davis v. Massachusetts |
Cities had title to streets, parks etc. and could exercise absolute control over their use and could regulate them |
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Hague v. CIO |
Public streets, sidewalks, parks and similar public places must be open for purposes of communication could regulate the use but NOT prohibit |
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Cox v. New Hampshire |
Can regulate permits for use and require fees |
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"Traditional" public forum |
park or street corner |
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"limited" or "designated" |
place with a more limited history of expressive activity usually only for certain groups or topics |
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"closed" |
has not been open to public expression, such as a jail or military base |
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1. the regulation must be content neutral 2. the regulation must serve a substantial government interest 3. the rules may not be any broader than necessary to serve the government interest |
3 rules to when you can regulate a public forum: |
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1. the regulation is within the constitutional power of the government 2. it furthers an important or substantial government interest 3.the interest is unrelated to suppression of free expression 4. incidental restriction on the 1st amendment freedoms is no greater than is essential to the furtherance of the government interest |
When Speech Plus can be regulated: 4 things |
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United States v. O'Brien |
Supreme court upholds conviction of David Paul ______ , an anti war protester accused of violating a federal statute prohibiting the public destruction of draft cards |
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Texas v. Johnson |
Supreme court rules that burning the american flag is a constitutionally protected form of free speech symbolic of political expression |
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Tinker v. Des Moines Independent School District |
Students wore black armbands to school to protest vietnam court determines that school officials cannot censor student expression unless they can reasonably forecast that the expression will cause a substantial disruption of school activities or interfere with the educational experience |
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Hazelwood School District v. Kuhlmeier |
Student publications court ruled that school officials may exercise editorial control over content of school sponsored student publications if they do so in a way that is reasonably related to legitimate pedagogical concerns |
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Turner v. Safely |
Prisoner Rights Sets up 4 part test when considering 1st amendment and prisoners |
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1. whether the regulation is rationally related to a legit and neutral govt. objective 2. whether alternative avenues remain open to inmates to exercise their free speech 3. the effect that accommodating inmate's free speech will have on other inmates and staff AND 4. whether there are obvious and easy alternatives to the reg. in question... |
What do you consider when evaluating 1st amendment and prisoners? |
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Simon & Schuster v. Members of the NY state crime victims board |
supreme court invalidates the new york "son of sam" law that requires accused or convicted persons to turn over to the state proceeds from any work describing their crimes.. |