Exam 1 Flashcards
Who has jurisdiction over: Broadcast
Federal
Who has jurisdiction over: Cable
Federal
Who has jurisdiction over: Copyright
Federal
Who has jurisdiction over: Patents
Federal
Who has jurisdiction over: Access to fed. Govt mtgs/records
Federal
Who has jurisdiction over: trademark
Both Federal and State
Who has jurisdiction over: Corporate speech
Both Federal and State
Who has jurisdiction over: Adv. regs
Both Federal and State
Who has jurisdiction over: Antitrust law
Both Federal and State
Who has jurisdiction over: obscenity
Both Federal and State
Who has jurisdiction over: Privacy torts
State
Who has jurisdiction over: Trespass, air trespass
State
Who has jurisdiction over: Libel, Defamation
State
Who has jurisdiction over: Access to state and local meetings/records, cameras in court
State
Who has jurisdiction over: transparency
State
Structure of Federal Courts
Supreme Court of the US ↟ US Court of appeals ↟ US district Courts
Structure of State Courts
Supreme Court of state of XXX ↟ Courts of Appeal ↟ Trial Courts
At what age does a judge have to retire in the Florida Supreme Court?
70
How does a Judge get on a bench & stay on the bench in the Florida Supreme Court?
Gov can appoint –>
Once they are on the bench they need to earn support
What is Stare Decisis?
Idea that there is a common law/ precedent system
Modeled after the english system
What are the two types of jurisdiction in the State Appellate Districts?
Positive & Negative
What is positive jurisdiction?
Ensure freedom/ rights
Primary source
Binding evidence
Secondary source
Helping evidence
Civil Litigation Process: what is the complaint?
Filed by the petitioner against defendant
Civil Litigation Process: what is the answer?
Response to the complaint by the defendant
Civil Litigation Process: what is the discovery?
Info for case, judge decides if relevant
What is a Subpoena?
a writ ordering a person to attend a court.
What is a Summary judgement?
judgment entered by a court for one party and against another party summarily –> doesn’t have a full trial
What is means for a criminal charge?
Breaking a statute that has been written into law
What is a Petition for writ of certiorari?
Petition for court to hear case (to reconsider the decision) –> Only around 100 heard a year
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
What is a reversal?
Reverse the appeal period
What is a remand?
Send it back to the lower court
Decisions based off majority opinions are:
5-4; over 50% for
Decisions based off of plurality decisions are:
4-3-2; 4 wins,
Decisions based off of concurring opinions are:
Minority in agreement, but wants to add to the decision
Decisions based off of dissenting opinions are:
When you “lose,” (no decision) judge decides
The law changes (T/F)
True
There is always one right answer (T/F)
False
Laws are different from state to state (T/F)
True
What are statures?
Criminal laws, tax laws, environmental protection laws,
Most of the laws in this country come from statutes
What are administrative agencies?
FCC, FTC, EPA
Rules and regulations that have the equivalency of laws
What is the executive branch? (the role in law)
Executive actions taken that didn’t pass through congress
ex: President obama lifted transgender ban
What is common law?
Decisions at the end of a case –> Opinions help shape the law and determine how the law is interpreted
What is the law of equity?
Before this, courts could only decide cases that involves money
ex: Custody, divorce is covered by this
What is the basis of sources of law?
US constitution and state constitution
What are trial courts?
Only courts with juries in them
Where do trial courts get their jurisdiction?
Territory & Subject matter
What are appellate courts?
Appeal to a decision –> if there was an error in the trial
What court comes after appellate courts?
Supreme Courts
How many years does a Supreme Court justice serve?
average of 16 years
How many justices have there been?
Just over 100 chief justices ever
What is “the second bill of rights”?
14th due process
What is a a writ of cert?
Lawyers write a petition for the court to heat a case
Who is John Marshall?
4th Supreme Court justice, helped lay the basis for United States constitutional law
Miranda vs arizona
Miranda rights
Marbury vs madison
Judicial review - supreme ct ability
United states vs nixon
Nixon had to speak in court
Loving v virginia
Interracial marriage
District of columbia v heller
Gun control - gun rights
Citizens united v federal election commission
Spending caps for corps/ 501c 3 - in donating to election
Korematsu vs us
Said it was ok for the government to hold japanese captive
A source of law embodied in judicial opinions based on precedent and ounded on custom and practice is
Common law
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
When the US supreme court denies certiorari, it endorses the lower court decision (T/F)
False
Federal and state judges are appointed for life (T/F)
False *advantages: re-elections mean more accountability
Trial courts hear evidence, examine facts and apply appropriate law (T/F)
True
Juries can hear appeals in the federal system only (T/F)
False
Bill of Rights
It was the 3rd proposed amendment, the other 2 failed
First Amendment
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
What does the first amendment protect? (5 things)
Freedom of expression, speech Assembly Press Religion Assemble or petition
Why is the first amendment important?
- Ultimate protection for communicators
- Necessary to the operation of a democracy
- Restricts all governments (federal, state, local) effective 4. check on government power
- Helps in the search for truth
- Individuals free to express themselves feel more fulfilled
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
Theories of the First Amendment: Governance
Informed citizenry will intelligently elect its leaders
–>Alexander Meiklejohn
Theories of the First Amendment: Check on gov’t power
Allows investigation and criticism of government
–>Prof. Vincent Blasi
Theories of the First Amendment: Change with stability
Helps let off steam and supports a stable and adaptable community which contributes to orderly change
What is an Absolutist view?
Congress shall make NO LAW
What is an Absolutist view?
Congress shall make NO LAW
What is an ex of times when freedom of expression must give way to other personal and social interests?
National security
Public order
What is due process?
When government attempts to restrict or ban expression - content regulations
Requires government to prove speech is unprotected
What is the “Strict Scrutiny test”?
Judges must use a certain process (due process) when deciding these cases
Judges have a duty to uphold individual right protected by the Bill of Rights (T/F)
True –> Judges are the guardians of free expression
A court decision MUST follow president (T/F)
False –> No absolutes - decide cases by weighing conflicting interests
What are Standards of review (tools judges use)?
Strict scrutiny -fundamental rights
Rational basis test - other laws
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
First amendment analysis depends on:
Speaker
Location of speaker
Content of speech
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
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
(Video)
John Stossel: what’s happening to free speech?
Million youth march
Young black men & women march, mayor tried to stop protest
Level 1 of freedom of speech (most freedom given):
Political and Social Expression
Level 2 of freedom of speech (Not the same freedom, but still valuable):
Commercial and Sexual Expression
Level 3 of freedom of speech ( No first amendment protection):
Fighting Words, Threats, Obscenity, False Advertising
What are Content Regulations?
Where governmental regulations restrict the content of political, social and artistic expression, judges must use STRICT SCRUTINY
Strict Scrutiny
No over-breadth –> No vagueness
Restriction has to be:
“Least drastic means”
Texas v. Johnson
“The flag protects those who hold it in contempt”
Snyder v. Phelps
US Supreme Court rules right to protest (youtube vid PBS)
What is Hate Speech?
Written or spoken words that insult or degrade groups
What is Hate Speech?
Written or spoken words that insult or degrade groups
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
First amendment protection: Students
limited rights
First amendment protection: University students
treated as students
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
Gov. employees campaign rights
Cannot be forced to work on a campaign
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
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
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
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
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
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
Rights of Corporations
broader rights than they used to (treated as ppl)
Rights of Press
largest level of protection (originally printed press → courts applying to online)
Rights of Broadcasters
easy to regulate
Rights of Cable
some protections, but also can be regulated
Rights of Telephone
some protections and regulations
Rights of Nonmedia Corps
a little less protection
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”
Military security review
you can’t send out information about govt secrets or personnel. –> docs are reviewed before published
Licensing (ex: parades)
need a permit, no discrimination based on content
Broadcast licensing
limits - must operate in public interest
Cable Licensing
government grant “franchises for construction and operation of system
Cable Licensing
government grant “franchises for construction and operation of system (FCC)
Cable licensing issue
haven’t been “good” about making sure all voices are heard
Discriminatory taxation rules
no special taxes on newspapers and mags – better for startups
Simon & Schuster vs NY state crime victims board
no laws which impose financial burden on speakers based on the content of their speeches
content based
protected by strict scrutiny!!!
content based
strict scrutiny!!! almost always struck down
content neutral
can be constitutional
What are the 2 free speech zones @ UF?
Plaza & Turlington
The O’brien Test
Judges use for laws that incidentally regulate expression (noise ordinances)
Time, Place, Manner test
regulates expressive activities (picketing)
Tests require govt to show (2 )
- significant gov interest (health & safety of citizens)
- narrowly tailored
3.
Tests require govt to show (3 things)
- significant gov interest (health & safety of citizens)
- narrowly tailored
- alternative channels
What is the difference between advocating and actually doing it?
advocating something illegal is not illegal
conduct
is not protected like advocating
Protection of symbolic speech
protected but can be regulated
