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COMMS 300 > exam 1 > Flashcards

exam 1 Flashcards

1
Q

law

A

rules of conduct

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2
Q

ethics

A

obligations as professionals

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3
Q

sources of the law

A

constitutions (US and state)
statutes
administrative law
common law

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4
Q

statutes

A

laws we’re familiar with, black-letter law

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5
Q

administrative law

A

FCC laws

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6
Q

common law

A

courts have the power to create law—rulings set precedent

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7
Q

US constitution

A

8 articles, various amendments

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8
Q

statutory law

A

written by legislative branch (ex: tax code)

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9
Q

stare decisis

A

courts make decisions based on precedent

allows individuals to govern themselves

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10
Q

criminal law

A

responsible to society

victim can’t “press charges”

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11
Q

grand juries

A

decide whether enough evidence exists for someone to be indicted (charged with a crime)
conducted in secret

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12
Q

civil law

A

plaintiff (citizen) files a lawsuit, must demonstrate a cause of actions

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13
Q

criminal burden of proof

A

beyond a reasonable doubt

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14
Q

civil burden of proof

A

preponderance of the evidence, at least 51%

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15
Q

trial courts

A

first entry to the court system

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16
Q

courts of appeals

A

determines if the law was applied correctly in the lower court
13 circuits

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17
Q

US court of appeals

A

doesn’t hear evidence again

3-judge panels

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18
Q

rights in the first amendment

A 
religion
speech
press
petition
peaceably assemble
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19
Q

marketplace of ideas

A

ideas should be freely expressed, the market will decide what is valuable

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20
Q

John Stuart Mill

A

all ideas are equal and valuable

opinions shouldn’t be suppressed because they might be true

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21
Q

prior restraints

A

stopping the dissemination of ideas before they reach the public

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22
Q

when prior restraint is constitutional

A 
preventing:
obstruction of military recruitment
publication of troop locations, numbers, movements in times of war
obscene publications
imminent threat to national security
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23
Q

rational bias (standard of review)

A

reasonable relationship to legit state interest?

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24
Q

intermediate scrutiny

A

law must be substantially related to an important government interest

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25
Q

content-based laws

A

strict scrutiny, symbolic speech

presumed to be unconstitutional

26
Q

content-neutral laws

A

time/place/manner laws
intermediate scrutiny
affect speech, but not on the base of content

27
Q

O’Brien test

A

not related to the suppression of speech
advances an important gov’t interest
narrowly tailored to achieve that interest with only incidental restriction of free speech

28
Q

traditional public forums

A

streets, sidewalks, parks

29
Q

designated public forums

A

public property opened for expressive activity by the public (ex: public theater, school building outside of school hours)

30
Q

non-public forums

A

gov’t-held property, not available for public speech and assembly purposes (ex: military base)

31
Q

clear and present danger

A

expression can be limited when it presents a clear and present danger to national security

32
Q

The Incitement Test (Brandenburg Test)

A

KKK rhetoric
Incitement to violence or legal action?
Was the incitement to violence likely to occur?
Was the incitement imminent?

33
Q

Fighting Words Doctrine

A

No protection on words that are:

  1. directed an individual
  2. inflict immediate harm
  3. trigger immediate violence
34
Q

symbolic speech

A

legal to burn flags
flag-burning is expressive conduct
can’t just say something is illegal because we don’t like it
not just what you say, but how you say it is protected

35
Q

to be a true threat

A

directed toward one or more individuals
intent of causing the listener(s) to fear bodily harm or death
posts on social media are still undefined

36
Q

When can speech in schools be regulated?

A
  1. it materially disrupts the functioning of the public school
  2. violates rights and interests of other students
  3. conflicts with pedagogical goals or public values
  4. if it occurs in a school forum or event or as a part of curriculum and entangles the school with a religious viewpoint
  5. the speech advocates illegal drug use
    (fear of disturbance isn’t enough to regulate speech)
37
Q

defamation

A

the act of harming another by making a false statement about another person

38
Q

libel per se

A

doesn’t need proven further

accusation of dishonesty

39
Q

libel per quod

A

context matters

statements may appear harmless alone but are defamatory when put in context

40
Q

libel

A 
defamatory content
falsity
identification of the plaintiff
publication
fault
harm
41
Q

defamatory content qualifications

A

injures reputation
statement of fact rather than opinion
capable of objective verification

42
Q

falsity

A

able to be proven false

43
Q

identification of the plaintiff

A

material is of and concerning the plaintiff

25 or fewer group members

44
Q

publication qualifications

A

3rd party hears or sees it
republication: still responsible
vendors and distributors: not considered republication

45
Q

fault qualifications

A

strict liability
negligence
recklessness

46
Q

strict liability

A

product liability

47
Q

harm qualifications

A

at least reputational harm

48
Q

NY Times v Sullivan

A

statements about public figures aren’t libelous unless made with “actual malice”
defined actual malice

49
Q

actual malice

A

knowledge that a statement was false, or reckless disregard of whether it was false or not

50
Q

all-purpose public figures

A

pervasive fame (ex: movie stars, pro athletes)

51
Q

limited-purpose public figures

A

involved in a specific issue, step into spotlight voluntarily, tries to influence public opinion, greater access to media

52
Q

have to prove actual malice

A

public figures

53
Q

prove negligence

A

private figures

54
Q

absolute fair report privilege

A

statement made as a part of official proceeding, protected (executive, legislative, judicial)

55
Q

conditioned/qualified fair report privilege

A

fair and accurate reporting

56
Q

fair comment and criticism

A

claim is brought by individuals “in the public eye” (artists, entertainers, writers)

57
Q

opinion—Ollman Test

A

verifiability, common/ordinary meaning, journalistic context, social context

58
Q

neutral reportage

A

republication: wire service defense
- reputable news gathering agency
- didn’t know the story was false
- republished without substantial charge

59
Q

libel defenses

A

retraction statuses

damages capped if speaker retracts the record

60
Q

retraction statuses

A

not necessarily a defense, but may limit liability

61
Q

false light

A

protects a person from emotional distress

publishing false facts about someone that would be highly offensive to a reasonable person

COMMS 300 (3 decks)

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