Test 1 study guide

Question 1

What are the 4 options courts have when offered a case as precedent by an attorney for one of the parties in a lawsuit?

Answer 1

1. Accept/follow, 2. Modify/Update, 3.Distinguish, 4.Overrule

Question 2

What are the elements of the test set forth by the US Supreme Court in Brandenburg v. Ohio?

Answer 2

1. Speech must be directed or intended of committing a lawless action
2. Action must be imminent
3. action in question that is advocated is lawless
4. likely to occur

Question 3

What are the elements of the test a court applies to determine constitutionality of time, place, or manner rule?

Answer 3

1. must be content neutral
2. rules must not constitute a complete ban on communication
3. must be justified by a substantial state interest
4. rules must be narrowly tailored

Question 4

Set forth completely and accurately the US supreme court rule for determining when public school administrators my censor speech that appears in a school sponsored newspaper

Answer 4

School Administrators must have reasons that are reasonably related to legitimate pedagogical concerns in order to properly censor the newspaper

Question 5

The plaintiff carries the initial burden of proof in libel actions. What 5 elements must the plaintiff prove to meet this burden

Answer 5

1. Libel was published
2. Words were of and concerning the plaintiff
3. Material is defamatory
4. Material is false
5. Defendant was at fault

Question 6

what are the criteria for a limited purpose public figure

Answer 6

Someone who has thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved

Question 7

4 key rules that are important to understand when government engages in prior restraint

Answer 7

1. Burden falls on the government to prove restraint is justified
2. Required to prove there is compelling interest or interest of the highest order to justify restraint
3. Scope must be narrow
4. Speech that falls out of 1st amendment protection can be restrained, but only after judicial proceedings

Question 8

Difference between negligence and actual malice

Answer 8

Negligence involves just not doing your “homework” ie. using uncertified information, not reading pertinent documents. Actual malice is if the defendant lied and the plaintiff can prove it.

Question 9

What is Ethics? What is Morality?

Answer 9

Ethics are a liberal arts field of study
Morality is the actual practice

Question 10

First Amendment Verbatim

Answer 10

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Question 11

How does the Ollman test differ from the Milkovich test as a means of distinguishing fact from opinion?

Answer 11

Ollman test:
- Ordinary meaning of word
-Journalistic context
- Social context
Milkovich test
just takes into account the truthfulness to falsity

Question 12

What are the typical forms of judicial decree in equity law?

Answer 12

1. Temporary restraining order
2. Preliminary injunction
3. Permanent injunction

Question 13

Libel law has existed for centuries. Why is it a more serious problem for mass media in the 21st century?

Answer 13

because of high damage awards made by jury’s to plaintiffs
high defense cost
suits brought simply to harass defendants
distraction to reporters and editors
problems with self censorship