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14 Cards in this Set
- Front
- Back
Transcendent 1st Amendment doctrines include:
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Right to hear
Right not to speak |
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2 famous metaphors in Libel Law:
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1. Breathing Space: the latitude that must be provided a journalist commenting on public affairs
2.Chilling Effect: the fear of a journalist to screw up and get sued for error |
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What was the famous Skokie Illinois case about?
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x
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Gertz vs Welch
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Gertz was hired as an atty by the family of a young man who had been killed by a cop. The cop had already been convicted of second degree murder Gertz was to handle the families litigation against him. Welch (the head of a magazine) published that the testimony against the cop was purgered and that Gertz was a commie.
- Gertz sued & the jury awarded him 50K in damages. But the judge threw it out. |
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Milkovich vs Lorain Journal
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x
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3 kinds of public forum analysis:
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1. Quintessential- public parks, street corners
2. Limited- buildings, auditoriums, etc that the government isnt required to open but if they do, must be handled even-handedly. (remember the Christians in the school gym) 3. Nonpublic- a place where all speakers are not invited. (remember Cindy Sheehan and the Congressman's wife) |
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Intentification in Fiction:
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x
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Convincing clarity
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x
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Lee Bollinger
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x
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Andrea Dworkin
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x
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Justice Anthony Kennedy
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x
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Jerome Barron
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x
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Neil Postman
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x
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state of mind controversy:
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pg 158
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