Final Exam Terms

Question 0

Statutory Law

Answer 0

Written law, usually enacted by a legislative body

Question 1

Common Law

Answer 1

Principles and rules of law that derive their authority not from legislation but from community usage and customs

Question 2

State decisis

Answer 2

“Let the decision stand”

Main concept in common law system, requires judges to follow precedent case law when making judgements

Question 3

Prior restraint

Answer 3

Prepublication censorship that forbids publication or broadcast of certain objectionable material, as opposed to punishment after something has been released

Question 4

Marketplace of ideas

Answer 4

Rationale for freedom of expression based on an analogy to the economic concept of a free market

Question 5

Clear and present danger

Answer 5

A doctrine adopted by the SCOTUS to determine under what circumstances limits can be placed on 1st amendment rights

Question 6

Imminent lawless action

Answer 6

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

Question 7

Time, place, and manner restrictions

Answer 7

Limits that government can impose on the occasion, location, and type of individual expression in some circumstances

Question 8

Identification

Answer 8

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

Question 9

Group Libel

Answer 9

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

Question 10

Actual malice

Answer 10

Knowledge before publication that the libelous material was false or reckless disregard of the truth or falsity of the libelous matter

Question 11

Libel-proof

Answer 11

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

Question 12

SLAPP suit

Answer 12

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

Question 13

Libel requirements

Answer 13

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

Question 14

Libel defenses

Answer 14

Probable truth
Minimal damage
If against public figure, was it an honest mistake?

Question 15

Brand burg v. Hayes Doctrine

Answer 15

Reporters do not have special immunity from being subpoenaed by a grand jury

Question 16

Promissory estoppel

Answer 16

A promise is enforceable by law when the promisor makes a promise to the promisee who relies on it to his or her detriment

Question 17

Miller test

Answer 17

1. Whether the average person, applying contemporary community standards, if the work as a whole overly appeals to sexual interest
2. Whether the work depicts or describes sexual conduct in a patently offensive way
3. Whether the work lacks literary, artistic, political, or scientific value

Question 18

Prurient interest

Answer 18

Having or encouraging an excessive sexual interest

Question 19

Community standards

Answer 19

Local norms bounding acceptable conduct

Question 20

Scientier

Answer 20

Guilty knowledge in many criminal prosecutions, he state must prove the accused was aware of his or her behavior

Question 21

Safe harbor hours

Answer 21

Restricting the broadcast of indecent material between midnight and 6am would not burden the first amendment

Question 22

Fighting words

Answer 22

Permits prior censorship of words that create a clear and present danger of inciting an audience to disorder or violence

Question 23

Patently offensive

Answer 23

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

Question 24

Appropriation

Answer 24

Use of a person’s name or likeness without consent for advertising or trade purposes

Question 25

Intrusion

Answer 25

An invasion of privacy committed when one individual intruded upon or invades the solitude of another individual

Question 26

Private facts

Answer 26

Publicizing if a private matter that would be highly offensive to a reasonable person and not of legitimate concern to the public

Question 27

False light

Answer 27

Prohibits all publications or broadcasts that falsely portray an individual in an offensive manner

Question 28

Lanham act

Answer 28

Primary federal trademark statute of Latin the United States