UF MMC 4200 Exam 1 – Flashcards

it limits the governments power to interfere with the journalists' rights (esp. to speak and publish). professional communicators need to be able to do their jobs effectively & without risk

laws are rules that govern society, it regulates the behavior of citizens and corporations, it provides a way to settle disputes, etc.

-US & State constitutions -Statutes -Administrative Agencies -Executive Branch -Common Law -Law of Equity

-Civil: disputes between two private parties (plaintiff v. defendant) -Criminal: state/government v. people who commit illegal acts

plaintiff files suit against defendant, defendant is served with summons to appear in court, defendant can then deny accusation and file a summary judgement (motion to dismiss), complaint/answer/reply are referred to as pleadings, Discovery starts = info gathering, subpoenas, and eventually jury trial if no settlement/summary of judgement...possible appeal after jury trial.

law enforcement investigation, arrest, preliminary hearing (for miranda rights and determination of probable cause fro trial), bail is set, criminal information (formal accusation document) and/or indictment (grand jury formal accusation), arraignment (accused pleads guilty/not guilty, pre-trial discovery, plea bargains, trail, possible appeal

Appellate court....in extreme cases: supreme court

primarily an appellate court, rarely get original cases. 4 justices must vote yes in order to take on case. Attorneys will orally argue their case, then the justices privately discuss. Majority rules and an "opinion of the court" is drafted & circulated fro review

9 Justices are appointed by the President and confirmed by the Senate. Decisions are important because they have the final say in the interpretation of federal law.

-Majority: 5 justices agree on a single opinion on a case -Plurality: the opinion that is supported by more justices than any other opinion in a single case, but not supported by the majority of the justices -Dissenting: an appellate judges opinion explaining the judges disagreement with the court majority's decision -Concurring: an opinion written by an appellate court judge stating why the judge agreed with other judges

the foundation of common law; the doctrine that judges should rely on precedent when deciding cases in similar factual situations

an established rule of law set by a previous court opinion. A precedent for an individual case is the authority relied on for the disposition of the case.

"freedom of speech" Protects: • Freedom of religion • Freedom of speech • Freedom of the press Freedom of the press • Freedom of assembly • Freedom to petition

• Ultimate protection for communicators. • Necessary to the operation of a democracy. • Restricts all governments (federal state Restricts all governments from punishing critics (effective check on gov't power) • Helps in the search for the truth. • Individuals are free to express themselves & feel more fulfilled.

1. Marketplace of Ideas/Attainment of Truth: good ideas and the truth prevail in a free market - John Milton 2. Governance: informed citizens will intelligently elect its leaders - Alexander Meiklejohn 3. Check on Government Power: allows investigation/criticism on government - Vincent Blasi 4. Change with Stability: helps people let off steam and supports a stable and adaptable community with contributes to orderly change - Thomas Emerson 5. Fulfillment: Natural and enriches our lives - Laurence Tribe

-Regulations still protect: speech critical of government, and broadcasters that are fulfilling the equal time requirement of communications law (right to reply/equal air time) -Regulations do Not protect: anything that is a threat to national security or public order

(most protected)Level 1: Political & Social expression Level 2: Commercial & Sexual Expression (least protected) Level 3: Fighting words, threats, false advertising

a judicial test that (when applied literally) halts or punishes expression only where there is objective evidence of an imminent, substantial danger to individual or social interests.

adults (& government employees

High school students have stricter rules regarding 1A protections than college students. HS students are regulated during any school-sponsored event. College students can say more, as long as it doesn't interrupt education.

Words that "by their very utterance inflict injury or tend to incite an immediate breach of the peace."

Written or spoken words that insult and degrade groups identified by race, gender, ethnic group, religion or sexual orientation.

no.

• Created to set limits on government. • Ratified in 1791 as first of 10 amendments of 10 amendments. • Written by James Madison. • Interpreted by courts and judges.

First Amendment Analysis Depends On: • Speaker • Location of Speaker • Content of Speech • Fighting Words/Hate Speech/Account of Crimes

Ensures regulations are justified by a compelling government interest, and are narrowly tailored

relaxed scrutiny

-Vagueness: the doctrine by which courts determine that laws are unconstitutional because average persons would not know ahead of time whether their expression would violate the law. -Overbroad/Overbreadth: a first amendment doctrine by which courts determine that legislation is unconstitutional because it restricts more expression than necessary

print gets most protection. different levels of protection depend on availability of channels, pervasiveness/intrusiveness of the medium, and historic relationship between the media and the government.

-press: most protection -broadcasters: required to operate in public interest & are heavily regulated -cable operators: minimal government control -Internet: generally unregulated

struck down for being overbroad. not protected under free speech.

not all

PR: restriction on expression before publication or broadcast by injunction, agreement, or discriminatory taxation. Supreme court said they are unconstitutional & are the least tolerable and most serious infringement on 1st Amend. rights

during wartime or anything related to secret military info

order from the court telling a person or company to perform or refrain from some act, such as publishing.

urged to do something

there are ground rules established that do not allow journalists to report sensitive information

o'brien and TPM tests.

• Time, Place, Manner Test - Regulates Regulates expressive expressive activities activities (picketing) (picketing). Tests require require government government to show: 1. significant significant (substantial) (substantial) governmental governmental interest interest (health (health & safety of citizens) citizens) 2. narrowly narrowly tailored tailored and 3. alternative channels

TPM test

verdict declared the Son of Sam laws unconstitutional and said that such laws place a very high financial burden on speech.

no, because of the victims

when content is deemed contrary to public welfare; yes

written/published defamation: an expression which injures a persons reputation or standing in the community

3 sources: common law, statutes, constitution

slander: spoken libel: written

living individuals, businesses

publication, identification (either naming you or describing you enough to be identified - does not work with groups over 15 people), defamatory content

Plaintiffs must prove actual malice

words, implications, headlines, ads, photos/drawings, cartoons/political cartoons

defamatory statements toward an industry/trade. 1A: protection for opinion statements

those whose reputation is already bad (ex: murderer), government entities

no

yes..depending on circumstances

intent of actual malice. wanting to do harm via statements.

-Public official: Elected to public office and Non-elected employees who play major roles in public policy development -Public figures are those who are "intimately involved in the resolution of important public questions or, by reason of their fame, shape events in areas of concern to society at large." (ex: celebrity) [both have to prove actual malice in libel cases] -private citizens (only have to prove negligence in libel cases)

all purpose and limited

public: actual malice; private: negligence (unless wanting punitive damages)

alleged defamation involves public controversy, Person suing voluntarily participated in the discussions, and Person suing has tried to affect the outcome of the controversy

knowing something was false and publishing anyway

failure to do something a reasonable person similarly situated would do; example: failure to verify facts

*compensatory: actual (awards for proven loss of good name, stress, etc. and injury to reputation must be proven); and special (money/income related, compensate for lost revenue due to loss of rep., require proof of out-of-pocket loss) *punitive: award imposed not to compensate plaintiff, but to punish defendant