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Law of Mass Communications > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

Who has jurisdiction over: Broadcast

A

Federal

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2
Q

Who has jurisdiction over: Cable

A

Federal

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3
Q

Who has jurisdiction over: Copyright

A

Federal

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4
Q

Who has jurisdiction over: Patents

A

Federal

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5
Q

Who has jurisdiction over: Access to fed. Govt mtgs/records

A

Federal

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6
Q

Who has jurisdiction over: trademark

A

Both Federal and State

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7
Q

Who has jurisdiction over: Corporate speech

A

Both Federal and State

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8
Q

Who has jurisdiction over: Adv. regs

A

Both Federal and State

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9
Q

Who has jurisdiction over: Antitrust law

A

Both Federal and State

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10
Q

Who has jurisdiction over: obscenity

A

Both Federal and State

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11
Q

Who has jurisdiction over: Privacy torts

A

State

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12
Q

Who has jurisdiction over: Trespass, air trespass

A

State

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13
Q

Who has jurisdiction over: Libel, Defamation

A

State

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14
Q

Who has jurisdiction over: Access to state and local meetings/records, cameras in court

A

State

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15
Q

Who has jurisdiction over: transparency

A

State

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16
Q

Structure of Federal Courts

A 
Supreme Court of the US
↟
US Court of appeals 
↟
US district Courts
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17
Q

Structure of State Courts

A 
Supreme Court of state of XXX
 ↟
 Courts of Appeal
↟
 Trial Courts
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18
Q

At what age does a judge have to retire in the Florida Supreme Court?

A

70

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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

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20
Q

What is Stare Decisis?

A

Idea that there is a common law/ precedent system

Modeled after the english system

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21
Q

What are the two types of jurisdiction in the State Appellate Districts?

A

Positive & Negative

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22
Q

What is positive jurisdiction?

A

Ensure freedom/ rights

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23
Q

Primary source

A

Binding evidence

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24
Q

Secondary source

A

Helping evidence

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25
Q

Civil Litigation Process: what is the complaint?

A

Filed by the petitioner against defendant

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26
Q

Civil Litigation Process: what is the answer?

A

Response to the complaint by the defendant

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27
Q

Civil Litigation Process: what is the discovery?

A

Info for case, judge decides if relevant

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28
Q

What is a Subpoena?

A

a writ ordering a person to attend a court.

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29
Q

What is a Summary judgement?

A

judgment entered by a court for one party and against another party summarily –> doesn’t have a full trial

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30
Q

What is means for a criminal charge?

A

Breaking a statute that has been written into law

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31
Q

What is a Petition for writ of certiorari?

A

Petition for court to hear case (to reconsider the decision) –> Only around 100 heard a year

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32
Q

What is a brief?

A

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

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33
Q

What is a reversal?

A

Reverse the appeal period

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34
Q

What is a remand?

A

Send it back to the lower court

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35
Q

Decisions based off majority opinions are:

A

5-4; over 50% for

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36
Q

Decisions based off of plurality decisions are:

A

4-3-2; 4 wins,

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37
Q

Decisions based off of concurring opinions are:

A

Minority in agreement, but wants to add to the decision

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38
Q

Decisions based off of dissenting opinions are:

A

When you “lose,” (no decision) judge decides

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39
Q

The law changes (T/F)

A

True

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40
Q

There is always one right answer (T/F)

A

False

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41
Q

Laws are different from state to state (T/F)

A

True

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42
Q

What are statures?

A

Criminal laws, tax laws, environmental protection laws,

Most of the laws in this country come from statutes

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43
Q

What are administrative agencies?

A

FCC, FTC, EPA

Rules and regulations that have the equivalency of laws

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44
Q

What is the executive branch? (the role in law)

A

Executive actions taken that didn’t pass through congress

ex: President obama lifted transgender ban

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45
Q

What is common law?

A

Decisions at the end of a case –> Opinions help shape the law and determine how the law is interpreted

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46
Q

What is the law of equity?

A

Before this, courts could only decide cases that involves money
ex: Custody, divorce is covered by this

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47
Q

What is the basis of sources of law?

A

US constitution and state constitution

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48
Q

What are trial courts?

A

Only courts with juries in them

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49
Q

Where do trial courts get their jurisdiction?

A

Territory & Subject matter

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50
Q

What are appellate courts?

A

Appeal to a decision –> if there was an error in the trial

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51
Q

What court comes after appellate courts?

A

Supreme Courts

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52
Q

How many years does a Supreme Court justice serve?

A

average of 16 years

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53
Q

How many justices have there been?

A

Just over 100 chief justices ever

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54
Q

What is “the second bill of rights”?

A

14th due process

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55
Q

What is a a writ of cert?

A

Lawyers write a petition for the court to heat a case

56
Q

Who is John Marshall?

A

4th Supreme Court justice, helped lay the basis for United States constitutional law

57
Q

Miranda vs arizona

A

Miranda rights

58
Q

Marbury vs madison

A

Judicial review - supreme ct ability

59
Q

United states vs nixon

A

Nixon had to speak in court

60
Q

Loving v virginia

A

Interracial marriage

61
Q

District of columbia v heller

A

Gun control - gun rights

62
Q

Citizens united v federal election commission

A

Spending caps for corps/ 501c 3 - in donating to election

63
Q

Korematsu vs us

A

Said it was ok for the government to hold japanese captive

64
Q

A source of law embodied in judicial opinions based on precedent and ounded on custom and practice is

A

Common law

65
Q

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)

A

False

66
Q

When the US supreme court denies certiorari, it endorses the lower court decision (T/F)

A

False

67
Q

Federal and state judges are appointed for life (T/F)

A

False *advantages: re-elections mean more accountability

68
Q

Trial courts hear evidence, examine facts and apply appropriate law (T/F)

A

True

69
Q

Juries can hear appeals in the federal system only (T/F)

A

False

70
Q

Bill of Rights

It was the 3rd proposed amendment, the other 2 failed

A

First Amendment

71
Q

First Amendment history

A

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
Q

What does the first amendment protect? (5 things)

A 
Freedom of expression, speech
Assembly 
Press
Religion 
Assemble or petition
73
Q

Why is the first amendment important?

A
  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
  4. Helps in the search for truth
  5. Individuals free to express themselves feel more fulfilled
74
Q

Theories of the First Amendment: Marketplace of ideas/attainment of the truth

A

Good ideas and the truth prevail in a free market

  • ->John milton
  • –>Areopagitica 1644
75
Q

Theories of the First Amendment: Governance

A

Informed citizenry will intelligently elect its leaders

–>Alexander Meiklejohn

76
Q

Theories of the First Amendment: Check on gov’t power

A

Allows investigation and criticism of government

–>Prof. Vincent Blasi

77
Q

Theories of the First Amendment: Change with stability

A

Helps let off steam and supports a stable and adaptable community which contributes to orderly change

78
Q

What is an Absolutist view?

A

Congress shall make NO LAW

79
Q

What is an Absolutist view?

A

Congress shall make NO LAW

80
Q

What is an ex of times when freedom of expression must give way to other personal and social interests?

A

National security

Public order

81
Q

What is due process?

A

When government attempts to restrict or ban expression - content regulations
Requires government to prove speech is unprotected

82
Q

What is the “Strict Scrutiny test”?

A

Judges must use a certain process (due process) when deciding these cases

83
Q

Judges have a duty to uphold individual right protected by the Bill of Rights (T/F)

A

True –> Judges are the guardians of free expression

84
Q

A court decision MUST follow president (T/F)

A

False –> No absolutes - decide cases by weighing conflicting interests

85
Q

What are Standards of review (tools judges use)?

A

Strict scrutiny -fundamental rights

Rational basis test - other laws

86
Q

Trends of the Supreme Court

A
  • -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
Q

First amendment analysis depends on:

A

Speaker
Location of speaker
Content of speech

88
Q

14th Amendment

A
  • -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
Q

14th Amendment

A
  • -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
Q

(Video)

John Stossel: what’s happening to free speech?

A

Million youth march

Young black men & women march, mayor tried to stop protest

91
Q

Level 1 of freedom of speech (most freedom given):

A

Political and Social Expression

92
Q

Level 2 of freedom of speech (Not the same freedom, but still valuable):

A

Commercial and Sexual Expression

93
Q

Level 3 of freedom of speech ( No first amendment protection):

A

Fighting Words, Threats, Obscenity, False Advertising

94
Q

What are Content Regulations?

A

Where governmental regulations restrict the content of political, social and artistic expression, judges must use STRICT SCRUTINY

95
Q

Strict Scrutiny

A

No over-breadth –> No vagueness

96
Q

Restriction has to be:

A

“Least drastic means”

97
Q

Texas v. Johnson

A

“The flag protects those who hold it in contempt”

98
Q

Snyder v. Phelps

A

US Supreme Court rules right to protest (youtube vid PBS)

99
Q

What is Hate Speech?

A

Written or spoken words that insult or degrade groups

100
Q

What is Hate Speech?

A

Written or spoken words that insult or degrade groups

101
Q

First amendment protection: Adults

A 
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
Q

First amendment protection: Students

A

limited rights

103
Q

First amendment protection: University students

A

treated as students

104
Q

Miami Herald Publishing Co v. Tornillo (1974) (adult ex)

A
  • -*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
Q

Gov. employees campaign rights

A

Cannot be forced to work on a campaign

106
Q

Tinker v. Des Moines (1969) (HS ex)

A
  • -Students wearing black armbands
  • -Supreme court “students do not shed their rights when they walk into the schoolhouse”
  • -High level protection
107
Q

Hazelwood v Kuhlmeier (1988) (HS ex)

A
  • -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
Q

Killian Nine (1999) (HS ex)

A
  • -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
Q

John Doe v. Arkansas (2003) (HS ex)

A
  • -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
Q

Morse v Frederick (2007) (HS ex)

A
  • -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
Q

University ex:

A

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
Q

Rights of Corporations

A

broader rights than they used to (treated as ppl)

113
Q

Rights of Press

A

largest level of protection (originally printed press → courts applying to online)

114
Q

Rights of Broadcasters

A

easy to regulate

115
Q

Rights of Cable

A

some protections, but also can be regulated

116
Q

Rights of Telephone

A

some protections and regulations

117
Q

Rights of Nonmedia Corps

A

a little less protection

118
Q

UF Student Conduct Code violations

A

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
Q

Military security review

A

you can’t send out information about govt secrets or personnel. –> docs are reviewed before published

120
Q

Licensing (ex: parades)

A

need a permit, no discrimination based on content

121
Q

Broadcast licensing

A

limits - must operate in public interest

122
Q

Cable Licensing

A

government grant “franchises for construction and operation of system

123
Q

Cable Licensing

A

government grant “franchises for construction and operation of system (FCC)

124
Q

Cable licensing issue

A

haven’t been “good” about making sure all voices are heard

125
Q

Discriminatory taxation rules

A

no special taxes on newspapers and mags – better for startups

126
Q

Simon & Schuster vs NY state crime victims board

A

no laws which impose financial burden on speakers based on the content of their speeches

127
Q

content based

A

protected by strict scrutiny!!!

128
Q

content based

A

strict scrutiny!!! almost always struck down

129
Q

content neutral

A

can be constitutional

130
Q

What are the 2 free speech zones @ UF?

A

Plaza & Turlington

131
Q

The O’brien Test

A

Judges use for laws that incidentally regulate expression (noise ordinances)

132
Q

Time, Place, Manner test

A

regulates expressive activities (picketing)

133
Q

Tests require govt to show (2 )

A
  1. significant gov interest (health & safety of citizens)
  2. narrowly tailored
    3.
134
Q

Tests require govt to show (3 things)

A
  1. significant gov interest (health & safety of citizens)
  2. narrowly tailored
  3. alternative channels
135
Q

What is the difference between advocating and actually doing it?

A

advocating something illegal is not illegal

136
Q

conduct

A

is not protected like advocating

137
Q

Protection of symbolic speech

A

protected but can be regulated

Law of Mass Communications (1 decks)

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