Exam 1 Flashcards
1
Q
Who has jurisdiction over: Broadcast
A
Federal
2
Q
Who has jurisdiction over: Cable
A
Federal
3
Q
Who has jurisdiction over: Copyright
A
Federal
4
Q
Who has jurisdiction over: Patents
A
Federal
5
Q
Who has jurisdiction over: Access to fed. Govt mtgs/records
A
Federal
6
Q
Who has jurisdiction over: trademark
A
Both Federal and State
7
Q
Who has jurisdiction over: Corporate speech
A
Both Federal and State
8
Q
Who has jurisdiction over: Adv. regs
A
Both Federal and State
9
Q
Who has jurisdiction over: Antitrust law
A
Both Federal and State
10
Q
Who has jurisdiction over: obscenity
A
Both Federal and State
11
Q
Who has jurisdiction over: Privacy torts
A
State
12
Q
Who has jurisdiction over: Trespass, air trespass
A
State
13
Q
Who has jurisdiction over: Libel, Defamation
A
State
14
Q
Who has jurisdiction over: Access to state and local meetings/records, cameras in court
A
State
15
Q
Who has jurisdiction over: transparency
A
State
16
Q
Structure of Federal Courts
A
Supreme Court of the US ↟ US Court of appeals ↟ US district Courts
17
Q
Structure of State Courts
A
Supreme Court of state of XXX ↟ Courts of Appeal ↟ Trial Courts
18
Q
At what age does a judge have to retire in the Florida Supreme Court?
A
70
19
Q
How does a Judge get on a bench & stay on the bench in the Florida Supreme Court?
A
Gov can appoint –>
Once they are on the bench they need to earn support
20
Q
What is Stare Decisis?
A
Idea that there is a common law/ precedent system
Modeled after the english system
21
Q
What are the two types of jurisdiction in the State Appellate Districts?
A
Positive & Negative
22
Q
What is positive jurisdiction?
A
Ensure freedom/ rights
23
Q
Primary source
A
Binding evidence
24
Q
Secondary source
A
Helping evidence
25
Civil Litigation Process: what is the complaint?
Filed by the petitioner against defendant
26
Civil Litigation Process: what is the answer?
Response to the complaint by the defendant
27
Civil Litigation Process: what is the discovery?
Info for case, judge decides if relevant
28
What is a Subpoena?
a writ ordering a person to attend a court.
29
What is a Summary judgement?
judgment entered by a court for one party and against another party summarily --> doesn't have a full trial
30
What is means for a criminal charge?
Breaking a statute that has been written into law
31
What is a Petition for writ of certiorari?
Petition for court to hear case (to reconsider the decision) --> Only around 100 heard a year
32
What is a brief?
If a court has accepted to hear a case from a lower court, you have to write a brief about the case and why the defendant is not guilty
33
What is a reversal?
Reverse the appeal period
34
What is a remand?
Send it back to the lower court
35
Decisions based off majority opinions are:
5-4; over 50% for
36
Decisions based off of plurality decisions are:
4-3-2; 4 wins,
37
Decisions based off of concurring opinions are:
Minority in agreement, but wants to add to the decision
38
Decisions based off of dissenting opinions are:
When you "lose," (no decision) judge decides
39
The law changes (T/F)
True
40
There is always one right answer (T/F)
False
41
Laws are different from state to state (T/F)
True
42
What are statures?
Criminal laws, tax laws, environmental protection laws,
| Most of the laws in this country come from statutes
43
What are administrative agencies?
FCC, FTC, EPA
| Rules and regulations that have the equivalency of laws
44
What is the executive branch? (the role in law)
Executive actions taken that didn't pass through congress
| ex: President obama lifted transgender ban
45
What is common law?
Decisions at the end of a case --> Opinions help shape the law and determine how the law is interpreted
46
What is the law of equity?
Before this, courts could only decide cases that involves money
ex: Custody, divorce is covered by this
47
What is the basis of sources of law?
US constitution and state constitution
48
What are trial courts?
Only courts with juries in them
49
Where do trial courts get their jurisdiction?
Territory & Subject matter
50
What are appellate courts?
Appeal to a decision --> if there was an error in the trial
51
What court comes after appellate courts?
Supreme Courts
52
How many years does a Supreme Court justice serve?
average of 16 years
53
How many justices have there been?
Just over 100 chief justices ever
54
What is “the second bill of rights”?
14th due process
55
What is a a writ of cert?
Lawyers write a petition for the court to heat a case
56
Who is John Marshall?
4th Supreme Court justice, helped lay the basis for United States constitutional law
57
Miranda vs arizona
Miranda rights
58
Marbury vs madison
Judicial review - supreme ct ability
59
United states vs nixon
Nixon had to speak in court
60
Loving v virginia
Interracial marriage
61
District of columbia v heller
Gun control - gun rights
62
Citizens united v federal election commission
Spending caps for corps/ 501c 3 - in donating to election
63
Korematsu vs us
Said it was ok for the government to hold japanese captive
64
A source of law embodied in judicial opinions based on precedent and ounded on custom and practice is
Common law
65
Decisions of the states highest courts can get a direct appeal to the US supreme court if the case involves a first amendment issue (T/F)
False
66
When the US supreme court denies certiorari, it endorses the lower court decision (T/F)
False
67
Federal and state judges are appointed for life (T/F)
False *advantages: re-elections mean more accountability
68
Trial courts hear evidence, examine facts and apply appropriate law (T/F)
True
69
Juries can hear appeals in the federal system only (T/F)
False
70
Bill of Rights
| It was the 3rd proposed amendment, the other 2 failed
First Amendment
71
First Amendment history
To set limits on government and protect the people
Ratified in 1791 as first of 10 amendments
Written by james madison
Father of the first amendment
Interpreted by courts and judges
72
What does the first amendment protect? (5 things)
```
Freedom of expression, speech
Assembly
Press
Religion
Assemble or petition
```
73
Why is the first amendment important?
1. Ultimate protection for communicators
2. Necessary to the operation of a democracy
3. Restricts all governments (federal, state, local) effective 4. check on government power
5. Helps in the search for truth
6. Individuals free to express themselves feel more fulfilled
74
Theories of the First Amendment: Marketplace of ideas/attainment of the truth
Good ideas and the truth prevail in a free market
- ->John milton
- -->Areopagitica 1644
75
Theories of the First Amendment: Governance
Informed citizenry will intelligently elect its leaders
| -->Alexander Meiklejohn
76
Theories of the First Amendment: Check on gov’t power
Allows investigation and criticism of government
| -->Prof. Vincent Blasi
77
Theories of the First Amendment: Change with stability
Helps let off steam and supports a stable and adaptable community which contributes to orderly change
78
What is an Absolutist view?
Congress shall make NO LAW
79
What is an Absolutist view?
Congress shall make NO LAW
80
What is an ex of times when freedom of expression must give way to other personal and social interests?
National security
| Public order
81
What is due process?
When government attempts to restrict or ban expression - content regulations
Requires government to prove speech is unprotected
82
What is the “Strict Scrutiny test”?
Judges must use a certain process (due process) when deciding these cases
83
Judges have a duty to uphold individual right protected by the Bill of Rights (T/F)
True --> Judges are the guardians of free expression
84
A court decision MUST follow president (T/F)
False --> No absolutes - decide cases by weighing conflicting interests
85
What are Standards of review (tools judges use)?
Strict scrutiny -fundamental rights
| Rational basis test - other laws
86
Trends of the Supreme Court
- -Bias against content regulation
- -Tendency not to defer to legislatures and lower courts decisions which restrict free speech
- -Scrutinize regulations for “overbreadth vagueness” and ensure “least drastic means” to accomplish a “compelling” government interest
87
First amendment analysis depends on:
Speaker
Location of speaker
Content of speech
88
14th Amendment
- -Adopted in 1868
- -Prohibits states from passing laws which violate the federal constitution
- -Incorporation
- -State action required
- -Government action that infringes on expression - lawsm court orders, actions of public officials
89
14th Amendment
- -Adopted in 1868
- -Prohibits states from passing laws which violate the federal constitution
- -Incorporation
- -State action required
- -Government action that infringes on expression - lawsm court orders, actions of public officials
90
(Video)
| John Stossel: what’s happening to free speech?
Million youth march
| Young black men & women march, mayor tried to stop protest
91
Level 1 of freedom of speech (most freedom given):
Political and Social Expression
92
Level 2 of freedom of speech (Not the same freedom, but still valuable):
Commercial and Sexual Expression
93
Level 3 of freedom of speech ( No first amendment protection):
Fighting Words, Threats, Obscenity, False Advertising
94
What are Content Regulations?
Where governmental regulations restrict the content of political, social and artistic expression, judges must use STRICT SCRUTINY
95
Strict Scrutiny
No over-breadth --> No vagueness
96
Restriction has to be:
“Least drastic means”
97
Texas v. Johnson
“The flag protects those who hold it in contempt”
98
Snyder v. Phelps
US Supreme Court rules right to protest (youtube vid PBS)
99
What is Hate Speech?
Written or spoken words that insult or degrade groups
100
What is Hate Speech?
Written or spoken words that insult or degrade groups
101
First amendment protection: Adults
```
The right to speak and publish
The right to associate
The right to receive information
The right to solicit funds
Freedom from compelled speech
```
102
First amendment protection: Students
limited rights
103
First amendment protection: University students
treated as students
104
Miami Herald Publishing Co v. Tornillo (1974) (adult ex)
- -*really important ruling about the right to speak
- -Tornillo files lawsuit seeking to enforce Florida “right to reply” statute
- -Requires newspaper to give a same space (and location) of the critical article to the candidate to respond
- -Florida Supreme Court upholds statute
- -US Supreme Court strikes down law as unconstitutional
- -Marketplace of the ideas is the goal, but can’t be legislated
- -Government can’t dictate what newspaper must print → government cannot COMPEL newspapers to speak
105
Gov. employees campaign rights
Cannot be forced to work on a campaign
106
Tinker v. Des Moines (1969) (HS ex)
- -Students wearing black armbands
- -Supreme court “students do not shed their rights when they walk into the schoolhouse”
- -High level protection
107
Hazelwood v Kuhlmeier (1988) (HS ex)
- -Court: “if it interferes with the teaching ability of the school, they can regulate it”
- -If its school sponsored speech, it can be restricted
108
Killian Nine (1999) (HS ex)
- -Students wrote pamphlet on their own time called 1st amendment with poems, etc - had drawing of principle with an arrow through his head
- -They are arrested for hate crime (none with criminal history)
- -Got expelled from school for the semester
- -Appealed it - lost in lower level court → was too expensive to carry on
109
John Doe v. Arkansas (2003) (HS ex)
- -13 yo 8th grader - girlfriend breaks up with him → went home and wrote a “rap” about his GF *threatening → put it in his dresser → showed friend the letter → best friend steals the letter, gave it to the girl → girl brings it to parents who bring it to school and demand punishment
- -4 page letter w/ 80 vulgarities - John Doe was suspended
- -Court said it was ok for him to be expelled
110
Morse v Frederick (2007) (HS ex)
- -Student made sign “Bong hits for jesus”
- -Not school sponsored speech
- -Supreme court ruling
- -Implied pro drug message
- -Schools have the right to stop negative messages in a school environment
111
University ex:
Kincaid v. Gibson (2001)
Hosty v. Carter (2005)
```
A view of the first amendment from FIRE
Foundation of individual rights and education
Microaggressions
Campus Speech
Treated as HS students with
```
112
Rights of Corporations
broader rights than they used to (treated as ppl)
113
Rights of Press
largest level of protection (originally printed press → courts applying to online)
114
Rights of Broadcasters
easy to regulate
115
Rights of Cable
some protections, but also can be regulated
116
Rights of Telephone
some protections and regulations
117
Rights of Nonmedia Corps
a little less protection
118
UF Student Conduct Code violations
Acts of verbal or written abuse, threats, intimidation, harassment, etc.
Uses strict scrutiny → that there’s a compelling interest that is not vague
Was hard to apply to the old code of conduct bc it was so vague
“Dont tase me bro”
119
Military security review
you can't send out information about govt secrets or personnel. --> docs are reviewed before published
120
Licensing (ex: parades)
need a permit, no discrimination based on content
121
Broadcast licensing
limits - must operate in public interest
122
Cable Licensing
government grant "franchises for construction and operation of system
123
Cable Licensing
government grant "franchises for construction and operation of system (FCC)
124
Cable licensing issue
haven't been "good" about making sure all voices are heard
125
Discriminatory taxation rules
no special taxes on newspapers and mags -- better for startups
126
Simon & Schuster vs NY state crime victims board
no laws which impose financial burden on speakers based on the content of their speeches
127
content based
protected by strict scrutiny!!!
128
content based
strict scrutiny!!! almost always struck down
129
content neutral
can be constitutional
130
What are the 2 free speech zones @ UF?
Plaza & Turlington
131
The O'brien Test
Judges use for laws that incidentally regulate expression (noise ordinances)
132
Time, Place, Manner test
regulates expressive activities (picketing)
133
Tests require govt to show (2 )
1. significant gov interest (health & safety of citizens)
2. narrowly tailored
3.
134
Tests require govt to show (3 things)
1. significant gov interest (health & safety of citizens)
2. narrowly tailored
3. alternative channels
135
What is the difference between advocating and actually doing it?
advocating something illegal is not illegal
136
conduct
is not protected like advocating
137
Protection of symbolic speech
protected but can be regulated
