Term
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Definition
| Fact finding. Only court with jury present. Original Jurisdiction. |
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Term
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Definition
| Decides questions of law arising from trial court. Can overturn, reverse, and remand for new trial. |
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Term
| How do most Cases reach SCOTUS? |
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Definition
| If an important question needs to be answered about the law. Writ of Certiorari (the supreme courts decision to hear an appeal from a lower court) |
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Term
| How do vacancies on SCOTUS have an effect on the court's philosophical balance? |
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Definition
1. Pres can effect the supreme court, but depends on who they're replacing.
2. Typically well balanced, currently slightly conservative. |
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Term
| When was the VA Court of Appeals established? |
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Definition
| 1986. To handle the large number of cases going to the supreme court. |
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Term
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Definition
Gov't vs. Individual.
Burden of Proof : ""Beyond a reasonable doubt." |
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Term
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Definition
Individual Vs. Individual.
Burden of Proof : "By a preponderance of the evidence." |
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Term
| Who controls the continuation of cases in criminal court? |
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Definition
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Term
| How does the Communications Act of 1934 distinguish broadcast from print journalism? |
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Definition
Broadcast journalism can reach anyone (intrusive).
Print journalism is attainable by purchase only. |
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Term
| Standard by which broadcasters are judge... |
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Definition
| Broadcasters must act in "..the public interest, convenience, and necessity." |
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Term
| The US constitution Supremacy Clause |
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Definition
| A state cannot change federal law. Federal law triumphs in question of state vs. federal law. |
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Term
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Definition
| Process by which courts apply portions of bill of rights to the states. First ten amendments incorporated into state laws. |
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Term
| What is SCOTUS' logic in deeming flag burning a protected form of expression rather than just an act? |
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Definition
| Legal to burn flag, to get rid of. Had to make a content neutral decision. Law was aimed at content of political message. |
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Term
| What was SCOTUS problem with the Communications Decency Act? |
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Definition
| Limited indecency not only to minors, but to adults as well. |
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Term
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Definition
| slightest tendency to create problem can be regulated. (replaced by Clear and Present Danger.) |
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Term
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Definition
| Any speech that creates clear and present danger can be regulated. |
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Term
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Definition
| Speech directly ecouraging violence can be regulated |
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Term
| Is hate speech protected? |
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Definition
| Generally yes, but not fighting words. |
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Term
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Definition
| Words that cause emotional harm or encourage an immediate breach of peace. |
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Term
| What are students first amendment rights, and how do those of High schools and college students differ? |
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Definition
Weak at public schools, Rights to expression but nothing that raises "palpable danger to established school policy."
College students have same basic rights as adults. |
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Term
When is prior restraint acceptable?
(Prior restraint : censorship before the expression takes place.) |
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Definition
1. False advertising
2. Copyright violations
3. Dispatches from military combat units |
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Term
| Why do courts prefer post-publication punishment rather than prior restraint? |
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Definition
Near v. Minnesota (1931) presumed that prior restraint was unconstitutional.
Even after pub, sever sanctions may have a chilling effect or self censorship result. |
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Term
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Definition
| Court order to do or not do something (a specific act). |
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Term
| SCOTUS reasonings in the Pentagon Papers |
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Definition
| Gov't said matter of national security to be posting secret study of Vietnam war, SCOTUS said no, no clear showing that publication would cause severe harm. |
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Term
| What are the military security review procedures in place in the Iraq War and has the news media ever challenged them? |
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Definition
| Way for news media to get journalists embedded with troops, must allow stories, before publishing, to be reviewed by military personnel. |
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Term
| How can parades be regulated and how can they not? |
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Definition
| Time, place, and manner orientated, not opinion or emotion based. Any regulations must be content neutral. (gay pride in Vietnam parade ruled not allowed) |
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Term
| Can localities license motion picture? |
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Definition
| Yes, but unnecessary after rating system developed. |
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Term
| What was the effect of the film rating system established in 1968? |
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Definition
| Led to the end of film licensing. |
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Term
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Definition
(Used by SCOTUS to judge if regulations are content neutral)
Applies to regulations incidentally affecting speech when that is not the regulations primary purpose. (ex: noise ordinance) |
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Term
| Time, Place, and Manner Test |
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Definition
(Used by SCOTUS to judge if regulations are content neutral)
Designed for regulations targeting expressive activity. (ex: location for picketing) |
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Term
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Definition
| 1968, decision by the supreme court that the burning of a draft card was not protect by the first amendment. |
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Term
| What is per curiam opinion? |
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Definition
| The opinion of the whole court. decision by court with no attribution, collective act. |
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Term
| Does the first amendment guarantee the media or the public a right to obtain information? |
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Definition
| Not to the same extent as it guarantees the media the right to publish and broadcast. (easier to publish info then to obtain it.) |
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Term
| How did the Soledad Brothers affect the principle of the media/publics right to obtain/publish info? |
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Definition
| The first amendment does not guarantee the public or press a right to obtain into. Fame for Soledad Bros disrupted and reduced control of prison. |
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Term
| When can a police department exclude media outlets from obtaining a press pass? |
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Definition
| When they do not typically cover that area of discussion. (ex: Vogue at a gang hearing) |
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Term
| What is quasi-public property and how does it affect the medias right of access to the events? |
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Definition
| Land that serves public purpose but is not for public use. (ex: Military base, power plant) |
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Term
| How many states have laws mandating media access to government records and meetings? |
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Definition
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Term
| What is the Federal Freedom of Information Act (FIOA) and what types of info does it cover? |
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Definition
| Federal version of mandating access to records and meetings. 9 exceptions. If falls under those, does not need to be released. |
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Term
| How were FIOA requests handled in the Clinton and Bush administrations vs. the Obama administration? |
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Definition
Clinton - you can release
Bush - Will back you up of you find reason to not release, reacting to 911
Obama - Seems like Clinton, acts like Bush |
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Term
| How should a governmental body handle a request to close a meeting to the public? |
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Definition
| Have a vote, everything in open, quorum present, tell media why closed, reopen when finished closed matters. |
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Term
| Is most Libel litigation civil or criminal? |
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Definition
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Term
| Distinction between libel and slander. |
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Definition
Libel is written
Slander is spoken |
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Term
| What is a "libel-proof" defendant? |
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Definition
| Someone who has such a bad reputation that they cannot be insulted. |
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Term
| Understand product disparagement (trade libel) |
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Definition
| Have to be able to prove that the accused libel resulted in a loss of sales. |
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Term
| Innocent construction rule |
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Definition
| Language should be considered non-defamatory if it can be read that way. |
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Term
| When is group libel allowed? |
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Definition
| Less than 100 people, everybody in group slurred against. (ex: business or family) |
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Term
| Who is liable for damages as a libelous statement is repeated? |
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Definition
| Everybody who repeats. New libel every time. |
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Term
| What did libel plaintiffs have to prove before 1964? |
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Definition
| Just that the libel occurred |
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Term
| Actual malice standard defined in NY Times V. Sullivan (1964) |
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Definition
| Actual Malice, knowing falsity or reckless disregard for the truth. |
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Term
| What is the burden of proof for a public official? (NY Times v. Sullivan) |
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Definition
| 1st amendment protects criticism of gov't officials even if remarks are false and defamatory, unless officials establish actual malice. |
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Term
| What do private citizens need to prove for libel after NY Times v. Sullivan? |
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Definition
| Must prove negligence, but not necessary falsity. |
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Term
| Do private citizens not involved in a matter of public concern need to prove an alleged libel was false? |
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Definition
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Term
| What are punitive damages? |
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Definition
| Financial punishment for the defendant. |
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Term
| Truth as an absolute defense to libel |
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Definition
| may be difficult to obtain. |
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Term
| What is summary judgement, who issues it and when? |
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Definition
Judge, anytime during a trial.
Plaintiffs case is too weak to prevail and no genuine dispute over a material fact. |
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Term
| Understand true (or "pure") opinion versus purported opinion. |
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Definition
True, cannot be proved.
Purported, not a real opinion (assumption). |
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Term
| What does it mean for the media to have an "absolute privilege"? |
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Definition
| Completely protected by law, even if false and defamatory. |
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Term
| When do they have "absolute privilege" in libel cases, and are there limitations? |
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Definition
| Qualified Privileges, Fair Report Privileges, Journalists who report defamatory comments made in official proceeding are protected as long as the stories are fair and accurate. |
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Term
| What does copyright protect? Does an author have any copyright protection if his intellectual property is not registered? |
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Definition
| Authors are not required to protect copyright, but should place copyright notices on works and register them for added protection - bars infringers from claiming they acted innocently |
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Term
| Can a collective work be copyrighted? How? |
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Definition
| If permission is gained from individual copyright holders. |
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Term
| Who owns the copyright when an employee authors a work within the scope of his or her employment? |
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Definition
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Term
| Does a restaurant or business have any right to use a radio or TV in the course of business? Under what circumstances? |
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Definition
Copyright owners can bar public performance or demand royalties for public performance of their work.
Exception is small business using at home TV or playing small radio for personal use and not the customer. |
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Term
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Definition
| breaking the terms of law/agreement. |
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Term
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Definition
| copying, performing, or otherwise violating copyright without permission. |
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Term
| Contributory infringement |
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Definition
| causing another to infringe, or contributing to it. |
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Term
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Definition
| someone has the right and ability to supervise infringers activity, and benefits from it. |
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Term
| What does a plaintiff in an infringement action have to show when alleging that a copyrighted film infringes on an existing film? |
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Definition
| That they are substantially similar. |
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Term
| What is fair use, what does it allow and under what circumstances? |
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Definition
| USUALLY FAIR IF... purpose is criticism, comments, or news reporting. Incidental copying. Parody. Teaching and non-commercial research. Copying for ones own pleasure. |
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Term
| How is it that a person can videotape a TV show without paying for it and not be guilty of copyright infringement? |
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Definition
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Term
| When is music "sampling" a copyright infringement? |
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Definition
| When used without permission |
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Term
| What is misappropriation? |
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Definition
| Piracy (copying a movie and selling it). Unlawful and unauthorized taking of the benefit of someone else's investment of time, effort, and money. |
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Term
| What is a trademark, and what are the three ways one can lose its protection? |
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Definition
The word, name, or symbol a company uses to identify itself.
Ceasing to use it, willingly giving it up, and not guarding against its use as a generic term. |
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Term
| What are the 3 branches of ethics? |
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Definition
Metaethics
Normative ethics
Applied Ethics |
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Term
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Definition
| attempts to distinguish ethical values from those of taste or attitude. (Why do we do what we do?) |
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Term
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Definition
| how we develop general rules and themes about moral conduct. (What defines morality?) |
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Term
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Definition
| link between theory and practice. (Right/Wrong, how we should act) |
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Term
| Why does society need a system of ethics? |
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Definition
| Social stability. Moral hierarchy. Promote dynamic moral ecology. Resolve conflicts. Clarify values. |
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Term
| Kovach and Rosenthal 3-part test to justify deception in news gathering. |
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Definition
1. must be sufficiently vital to public interest
2. should not engage in deception unless no other way to get story.
3. Should reveal to audience whenever they mislead sources to get info, explain reasons for doing so, including why story justifies the deception. |
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Term
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Definition
| request to Supreme Court to hear a case, they can accept or deny. |
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Term
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Definition
| no specific attribution for decision. |
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Term
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Definition
| 1986. B/c of large # of cases going to Supreme Court. |
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Term
| "beyond a reasonable doubt" |
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Definition
| innocent until proven guilty. better for 100 guilty people to go free than one innocent man go to jail. |
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Term
| Communications act of 1934 |
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Definition
| statue passed, governs some of the media applies to broadcast not print. (Radio is intrusive, Print you have to purchase) |
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Term
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Definition
| 1931. SCOTUS first struck down on state statue violating freedom of the press. Presumption that prior restraints confirmed as unconstitutional. |
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Term
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Definition
| court applies almost all causes of bill of rights through this |
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Term
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Definition
| belief that one should be able to criticize their government. Considered to be fragile, strict structure. Anyone trying to restrict this speech must have compelling reason. |
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Term
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Definition
| All states in fed gov't have adopted statues mandating public access to many gov't records and meetings. |
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Term
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Definition
| 1964. SCOTUS landmark case that declared unconstitutional common law of strict liability when media defames a public official. |
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Term
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Definition
| knowingly false, written with reckless disregard as to whether true or false. |
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Term
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Definition
| protects the expression, but not the facts contained in the expression. First person who registers a work has strong legal evidence of copyright ownership. |
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