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Communication Law > COM Law Exam 1 > Flashcards

COM Law Exam 1 Flashcards

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1
Q

Zenger 1735

A
  • jailed for seditious libel (criticism of the gov.)
  • acquitted by jury bc claims were true
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2
Q

statutory law does not pre-empt federal law

A

true

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3
Q

common law

A
  • used by most states
  • past legal precedents or judicial rulings are used to decide cases at hand
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4
Q

civil law

A
  • used by lousiana (only state)
  • looks into what could happen in the future in order to anticipate new laws
  • private law between individuals
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5
Q

criminal law

A
  • an offense against society
  • the state takes care of it
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6
Q

tort

A
  • personal injuries (property, reputation, etc.)
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7
Q

SCOTUS

A
  • Supreme Court of the United States
  • top court in the country
  • 9 justices
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8
Q

USCA

A
  • United States Court of Appeals
  • 13 court of appeals
  • 180 judges
  • circuit courts (boone is in the 4th circuit)
  • appellee v. appellant (winner name first in case name)
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9
Q

USDC

A
  • United States District Courts
  • 94 district courts
  • ~650 judges
  • plaintiff v defendant (plaintiff name first in court case)
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10
Q

certiorari

A
  • you have to submit a petition of certiorari to get an appeal to SCOTUS and if accepted, they’ll grant you a writ of certiorari
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11
Q

writ of certiorari

A
  • constitutional question
  • repeated
  • number of people affected
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12
Q

panel rehearing

A
  • panel of 3 judges that issued the original decision reconsiders the case
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13
Q

en banc rehearing

A
  • full courts reconsiders the case
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14
Q

majority v dissenting opinion

A

ex. 5 - 4 (5 = majority; 4 = dissenting)

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15
Q

appellee

A
  • winner
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16
Q

appellant

A
  • loser
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17
Q

concurring opinion

A
  • always written by someone within the majority
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18
Q

dissenting opinion

A
  • always written by someone within the dissenting
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19
Q

per curiam

A
  • by the court
20
Q

prior restraint

A
  • government action that prohibits speech or other expression before the speech happens
21
Q

absolutism

A
  • a political theory holding that all power should be vested in one ruler or other authority
22
Q

plaintiff

A
  • person who sues
23
Q

defendant

A
  • person being sued
24
Q

Gitlow v. NY (1925)

A
  • applied free speech to state governments through the due process clause of the Fourteenth Amendment
  • due process clause prohibited deprivation of life, liberty or property
25
Q

Near v Minnesota (1931)

A
  • prior restraint on publication violates freedom of the press
26
Q

viewpoint discrimination

A
  • singling out a particular opinion or perspective on that subject matter for treatment unlike that given to other viewpoints
27
Q

strict scrutiny

A
  • highest standard that is used to evaluate expressive activity
  • determines the constitutionality of certain laws
28
Q

Texas v Johnson (1988)

A
  • burning the American flag was protected speech under the First Amendment, as doing so counts as symbolic speech and political speech
  • 5-4 upholding
  • arguement for = symbolic speech
  • argument against = expressive conduct
29
Q

Barnette v W. Virginia (1943)

A
  • Free Speech Clause of the First Amendment protects students from being forced to salute the American flag or say the Pledge of Allegiance in public school
30
Q

Snyder v Phelps

A
  • speech on a matter of public concern, on a public street, cannot be the basis of liability for a tort of emotional distress, even in the circumstances that the speech is viewed or interpreted as “offensive” or “outrageous”
  • 5-4 upholding
31
Q

Schenck v US (1919)

A
  • freedom of speech can be restricted if speech represents a “clear and present danger”
  • 9-0 upholding
32
Q

Abrams v US (1919)

A
  • the First Amendment does not protect speech that is designed to undermine the US in war by fueling disorder
  • 8-1
33
Q

Dennis v US (1951)

A
  • made it a criminal offense to advocate the violent overthrow of the government
  • violated smith act (outlaws espionage)
  • desirability of communism is ok (as a concept)
  • advocacy of communism is not ok
34
Q

Yates v US (1957)

A
  • court said he was advocating idea of communism (which was ok)
  • advocating action is not ok
35
Q

Brandenburg v Ohio (1969)

A
  • hate speech is protected under 1st amendment so long as it doesn’t incite violence
  • advocating action is ok
  • inciting action is not ok
  • KKK
36
Q

2nd class speech

A
  • commercial speech
  • sexual speech
  • because they’re regulated
37
Q

true threat

A
  • intent to intimidate
38
Q

Chaplinsky v New Hamp. (1942)

A
  • fighting words are not protected under the First Amendment
39
Q

fighting words

A
  • have to be spoken face-to-face
  • have to be likely to cause an immediate breach of peace
40
Q

worthless speech

A
  • name calling
41
Q

worthwhile speech

A
  • debate of ideas
42
Q

Cohen v California (1971)

A
  • “fuck the draft” on jacket
  • established that the government generally cannot criminalize the display of profane words in public places
  • political speech is protected by the First Amendment
43
Q

Tinker v Des Moines (1969)

A
  • students wore black arm bands in protest of the vietnam war
  • defined First Amendment rights of students in U.S. public schools
44
Q

Hazelwood v Kuhlmeier (1988)

A
  • schools may restrict what is published in student newspapers if the papers have not been established as public forums
45
Q

13th amendment (1865)

A
  • abolished slavery
46
Q

14th amendment (1867)

A
  • equal rights (not women)
47
Q

15th amendment (1870)

A
  • voting for black men

Communication Law (4 decks)

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