Term
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Definition
- Hate Speech
- Obscenity
- Copyrighted Material (infringed)
- Libel
- Untrue Advertising
- Privacy Torts (Appropriation, Intrusion, Pbulicity to Private Facts, False Light)
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Term
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Definition
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Term
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Definition
- Common Law
- The Law of Equity
- Statutory Law
- Constitutional Law
- Executive Orders and Administrative Rules
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Term
All Three Branches of Government Make Law |
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Definition
- Judicial Branch-decides cases which interpret the law
- Executive Branch-Executive Orders and Admin Ruling
- Legislative Branch-Passing Law which are signed by President
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Term
Limited vs. General Jurisdiction |
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Definition
- Federal Courts--Limited
- State Courts--General
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Term
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Definition
- Originial Intent
- Ad Hoc Balancing Test
- Marketplace of Ideas Theory (Truth Sticks)
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Term
Public and Private Forums (4) |
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Definition
- Traditional Public Forum
- Designated Public Forum
- Nonpublic Forum
- Private Property
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Term
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Definition
- An average person, applying contemporary local community standards, finds that the work, taken as a whole, appeals to prurient interest.
- The work depicts in a patently offensive way sexual conduct specifically defined by applicable state law.
- Th work in question lack serious literary artistic political or scientific value. (SLAPS)
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Term
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Definition
- A statement of fact
- That is published
- Of and concering the Plaintiff
- That is defamatory
- That is false
- For which the Defendant is at fault
- (Public figures must prove actual malice)
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Term
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Definition
- Actual knowledge of falsity (lying), or,
- Published with a "reckless disregard" for the truth.
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Term
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Definition
- Directed at an individual or group, and
- Are likely to inflict emotional harm and/or trigger immediate violence
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Term
Brandenburg Test (Determines Fighting Words) |
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Definition
- Intended to, and
- Likely to
- Incite or produce immediate illegal activity or violence
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Term
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Definition
- Using a person's name, picture, likeness, voice or identity
- For advertising or other commercial purposes
- Without permission
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Term
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Definition
- There is a reasonable expectation of privacy, and an
- Intentional intrusion on the privacy
- That would be highly offensive to a reasonable person
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Term
Publicity Given to Private Facts |
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Definition
- The publicizing of
- Private, intimate facts,
- That would be highly embarrassing to a reasonable person, and
- Are not of legitmate concern to the public.
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Term
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Definition
- Publicizing
- False Facts
- About someone who is identified
- That would be highly offensive to a reasonable person; and
- Act intentionally, recklessly, or negligently
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Term
Intentional Infliction of Emotional Distress |
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Definition
- Defendant's intentional or reckless conduct
- Was extreme and outrageous--beyond the bounds of decency tolerated in civilized society
- Involving actual malice, if the plaintiff is a public figure, and
- Caused the plaintiff's severe emotional distress
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Term
Negligent Infliction of Emotional Distress |
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Definition
- The defendant had a duty to use due care
- Negligently breached that duty
- Causing the plaintiff's severe emotional distress, and
- The breach was the proximate cause of the plaintiff's emotional distress
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Term
Media and the Courts: Competing Objectives |
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Definition
Have a fair and speedy trial but also respect the Frist Amendment |
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Term
Tools to balance Competing Objectives |
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Definition
i. Continuance or delay or trial (move the trial to a later time)
ii. Change of venue
iii. Sequestration of jury (protect from media coverage)
iv. Extensive voir dire (questioning the jury to find a jury that is fair)
v. Gag orders
vi. Witness protection
vii. Instructions to the jury
viii. Retrial
ix. Limitations on media attendance |
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Term
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Definition
- Signed by President Johnson in 1966
- Disclosure, not secrecy, is the objective
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Term
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Definition
- National Security
- Internal agency rules and procedures
- Statutory exemptions (other laws forbiding disclosure)
- Trade secrets
- Agency memos (protects decision making process)
- Personal privacy
- Law Enforcement records
- Financial Records
- Geological Data
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Term
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Definition
No absolute concept of "right" and "wrong," but rather they are mere functions of the situation |
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Term
Consequential Ethics (Teleology) |
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Definition
Right is defined by the amount of good produced as a consequence of action |
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Term
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Definition
The idea that right and wrong are black and white |
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Term
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Definition
Making decisions based on what's best for one's self |
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Term
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Definition
Moral Character or Quality, Rightness or Wrongness |
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Term
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Definition
Moral Standards, Standards of Conduct |
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Term
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Definition
Mere descriptions of thigns (the chair is red) |
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Term
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Definition
Statements of how things ought to be (that red chair should be blue) |
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Term
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Definition
State of being complete; unbroken; uprightness |
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Term
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Definition
No, we cannot "keep" our word but we can "honor" our word by "cleaning it up" with the Atonement |
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