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Mass Media Law - Exam #1 Study Guide

by: Kassidy Coplan

Mass Media Law - Exam #1 Study Guide MASS 312

Marketplace > Minnesota State University - Mankato > Mass Media > MASS 312 > Mass Media Law Exam 1 Study Guide
Kassidy Coplan
Minnesota State University, Mankato

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About this Document

This Study Guide covers what will be on Exam #1
Mass Media Law
Ellen Mrja
Study Guide
mass, Media, Law, Communications
50 ?




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This 6 page Study Guide was uploaded by Kassidy Coplan on Wednesday September 7, 2016. The Study Guide belongs to MASS 312 at Minnesota State University - Mankato taught by Ellen Mrja in Fall 2016. Since its upload, it has received 8 views. For similar materials see Mass Media Law in Mass Media at Minnesota State University - Mankato.

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Date Created: 09/07/16
Study Guide – EXAM 1 Define written briefs - Facts of a case How many judges are in the supreme court? - 9 How many supreme court judges make the majority? - 5 (the others are dissenters) Can you legally make threats against the president? - No What did aristotle say about why we need laws? - He said we are designed to put self interest first and this can be dangerous when people come together - Law is the good of all What does the rule of law mean? - We agree to follow the rules Define concur - Agree but for a different reason Which branch writes laws? - Legislative Which branch makes sure laws are followed? - Executive Define vague law - Not specific enough. Courts will declare these unconstitutional Define overbroad law - It takes in too much activity. Courts will declare these unconstitutional Vague laws and overbroad laws cause what? - A "chilling effect". Citizens hold back out of fear of getting in trouble. Define jurisdiction - The right to hear certain cases, every court has its own jurisdiction. (topical, tax, geographical) What are the 3 levels of courts from lowest to highest? - -US district courts -US courts of appeal -US supreme court How many district courts are there in the US? - 94 How many district courts are in MN? - 3 (Mpls, St. Paul, Duluth) How many US courts of appeal are in the US? - 13, they are split into 12 circuits Which circuit is MNs court of appeal in? - 8th. It meets in St. Louis, MO Do courts of appeal hear new evidence? - No, it looks at the law (called due process of law - how the law was applied) Who appoints supreme court justices? - The president How do you apply to be heard by the Supreme Court? - "writ of certiorari" Supreme court case stats - Every year they receive 5,000 to 7,000 cases, but they only accept about 70 4 justices have to agree to hear the case (rule of 4) Define precedent - Built on cases that came before it Define stare decisis - Courts build on what happened before it Define statutes - Laws written at every level of gov What are the six sources of law? - -constitutions -statutes -equity law (fairness) -common law (law happens a lot) -administrative law (write a new law, you must follow it) -executive orders (comes from governor or president) What's black letter law? - Constitutions and statutes Who has the oldest constitution in the world? - The US What is the first amendment? - Congress shall make no law respecting the establishment of religion or prohibiting the free exercise there of or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition their government for a redress of grievances Define textualists - Rely on careful reading of legal texts to determine the meaning of law (ex. what did the founding fathers really mean in the constitution??) - also called originalists Define sedition - any criticism of the king - resulted in death or torture Define licensing system - Reporting to the government who owns printing press (king) Who is John Milton? - "Aeropagitica" - english poet - he appeared before parliament to argue against the licensing system What is the marketplace of ideas? - (romantic ideal) If the gov stays hands off then the marketplace will self correct itself What is a prior restraint? - They make it impossible for citizens to speak in the first instance (also called gags) What is the landmark prior restraint case? - Near vs MN When are prior restraints still constitutional? - 1. national security in times of wars 2. obscene publications (rarely used) 3. publications about the incite the violent overthrow of the US government (rarely used) Describe Near vs MN - - Near put out a bad newspaper - He is antisemitic - He thought jews were ruining Mpls/St. Paul - He criticized the lawmakers, so the lawmakers made a law saying that they could stop a newspaper that is scandalous and defamatory - J. Near as been "gagged" - This is a form of censorship - Robert McCormick saw this as an issue with freedom of the press so he contacted Near saying he will help him fight his case in Supreme Court - 5:4 said prior restraints are NOT constitutional What cases involve the Pentagon Papers? - NY times vs US US vs Washington Post Describe Pentagon Papers case - - Dr. Daniels Ellisburg (RAND corp employee) leaked pentagon papers (history as to how we got involved in the vietnam war) - Ellisburg made 7,000 copies - Tells Neil Sheehan of NY Times that he has this info and gives it to him - After four months, The NY times finally starts to post excerpts (first on 6/13) - The NY times is told they have to stop after only 3 excerpts (prior restraint is put on them) - Ben Bagdikin from The Washington Post is given 4,000 pages of the pentagon papers: they got the go ahead to print them - NY and Washington go to supreme court: they decide any prior restraint that comes to supreme court is determined unconstitutional or the gov has to prove otherwise - A win for the papers but not %100 win Define natural rights - Freedom of speech and press just from being born Define categorical balancing - Put entire categories of speech onto two different sides and weighing it out What are laws of general application? - These laws apply against everyone equally (ex. no parking zone in front of a hospital and tax laws) What are content based laws? - - Supreme court is not a fan of these laws: they presume it's not valid - These laws look at what is being said (censorship like) What is the strict scrutiny test? - When laws are content based the supreme court inspects them VERY carefully - The least restrictive means - To advance a compelling government interest What are content neutral laws? - - The Supreme Court prefers these laws - They aren't based on content of speech - Also known as time/place/manner laws Describe US vs O'brien - - O'brien burnt his draft card to protest Vietnam war - He argued that it was "symbolic speech" - Supreme court punished him for his ACTION not the implied speech Describe Marbury vs Madison - - Supreme court interprets the law: judicial review - People think they have too much power when it becomes judicial activism - The judicial branch is not supposed to write laws Define public forum - - Parks, walkways, etc - Owned by gov - Gathering place: getting together to express yourself - Snyder case: Baptist church protesting at soldiers funerals Define Designated public forums - - Public schools - Sometimes it is and sometimes it isn't a place where people can get together Define Non-public forums - - Military base, prisons, post office sidewalk, utility poles, private mailboxes Private property - Zero first amendment rights What is an unclear area involving forums? - Malls - usually privately owned, but have public financing Describe USA Patriot Act 2001 - FBI agents can go to a secret court "Fiza" to get permission to enter someone's home and go through their stuff without informing them about it (chilling effect) Clear and Present Danger Test - If your words will cause danger/evil toward government, they can take away your freedom of speech - Before this, bad tendency test was used - 1919: Schenck vs US: clear and present danger speech is not constitutional Brandenburg vs. Ohio - Standard set for the clear and present danger test (current interpretation) - Supreme court said you CAN advocate use of violence UP TO no more time for talk <---- This point is called incitement: your freedom of speech ends there Gitlow vs NY - - Beginning of the "Incorporation Theory" aka Absorption Theory - Gitlow distributed literature promoting socialism - He's arrested for "threatening to overthrow NY gov" - He said he was just expressing himself ** The 14th amendment was addressed to the states - Due process clause: Nor shall any state deprive any person of life, liberty or property with out due process of law (first amendment rights are now included in LIBERTY) Which case involved offensive speech? - Cohen vs CA - back of Cohen's jacket said "**** the draft" - he was arrested - supreme court ruled that offensive speech is protected - they said avert your eyes if it offends you Which case involved fighting words? - Chaplinsky vs NH - Jehovah's witness gets arrested: he calls cop some offensive and rude words - "You cannot use words that disturb the peace" is what he was charged for - Fighting words are not protected (they tend to disturb the peace) Which case involved hate speech? - RAV vs St. Paul - Kids lit crosses on fire in Black family's lawn - The Supreme Court had to overturn St. Pauls ordinance because the previous one only said you couldn't hate speech toward race, color or creed - Hate speech is protected by the 1st amendment Which case involved true threats? - Virginia vs Black - a true threat is not constitutional - saying something to someone that causes them to fear death or bodily harm Symbolic Speech - Draft cards vs Flags - sometimes these cases help the person, sometimes they don't Which case involved speech in public schools? (k-12) - Tinker vs Des Moines (landmark case) - Students have first amendment rights but not if speech is disruptive, lewd, or speech could be seen as being sponsored by the school - Before this case students had no rights University Speech Codes and Campus speech - Cannot pass speech codes


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