Final Exam Terms Flashcards
Statutory Law
Written law, usually enacted by a legislative body
Common Law
Principles and rules of law that derive their authority not from legislation but from community usage and customs
State decisis
“Let the decision stand”
Main concept in common law system, requires judges to follow precedent case law when making judgements
Prior restraint
Prepublication censorship that forbids publication or broadcast of certain objectionable material, as opposed to punishment after something has been released
Marketplace of ideas
Rationale for freedom of expression based on an analogy to the economic concept of a free market
Clear and present danger
A doctrine adopted by the SCOTUS to determine under what circumstances limits can be placed on 1st amendment rights
Imminent lawless action
Est. by Brandenburg v. Ohio. Speech is not protected by the first amendment if the speaker intends to incite a violation of the law that’s both imminent and likely
Time, place, and manner restrictions
Limits that government can impose on the occasion, location, and type of individual expression in some circumstances
Identification
As used in a libel suit, the requirement that the plaintiff prove that at least one person believes that the subject of the libelous remarks is the plaintiff and not some other person
Group Libel
Aka hate speech laws or codes, penalizes communication that attacks a particular group based on race, ethnicity, gender, sexual orientation, religion, or other such characteristic
Actual malice
Knowledge before publication that the libelous material was false or reckless disregard of the truth or falsity of the libelous matter
Libel-proof
If someone’s reputation is already sullied, minor false information broadcasted about them is paled in comparison to the larger issues against them, thus it can’t be pursued as libel
SLAPP suit
Strategic Lawsuit Against Public Participation
A lawsuit intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition
Libel requirements
Something defamatory Published to at least one other person Has harmed your reputation Identified you directly or indirectly It isn't true For public person, libel if done with actual malice
Libel defenses
Probable truth
Minimal damage
If against public figure, was it an honest mistake?
Brand burg v. Hayes Doctrine
Reporters do not have special immunity from being subpoenaed by a grand jury
Promissory estoppel
A promise is enforceable by law when the promisor makes a promise to the promisee who relies on it to his or her detriment
Miller test
- Whether the average person, applying contemporary community standards, if the work as a whole overly appeals to sexual interest
- Whether the work depicts or describes sexual conduct in a patently offensive way
- Whether the work lacks literary, artistic, political, or scientific value
Prurient interest
Having or encouraging an excessive sexual interest
Community standards
Local norms bounding acceptable conduct
Scientier
Guilty knowledge in many criminal prosecutions, he state must prove the accused was aware of his or her behavior
Safe harbor hours
Restricting the broadcast of indecent material between midnight and 6am would not burden the first amendment
Fighting words
Permits prior censorship of words that create a clear and present danger of inciting an audience to disorder or violence
Patently offensive
Roth v. United States
Refers to any obscene acts or materials that are considered to be openly, plainly, or clearly visible as offensive to the viewing public
Appropriation
Use of a person’s name or likeness without consent for advertising or trade purposes
Intrusion
An invasion of privacy committed when one individual intruded upon or invades the solitude of another individual
Private facts
Publicizing if a private matter that would be highly offensive to a reasonable person and not of legitimate concern to the public
False light
Prohibits all publications or broadcasts that falsely portray an individual in an offensive manner
Lanham act
Primary federal trademark statute of Latin the United States
