Exam 1 Review Sheet Filled
Exam 1 Review Sheet Filled COMM345
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This 5 page Study Guide was uploaded by amanda schuman on Sunday September 20, 2015. The Study Guide belongs to COMM345 at University of Delaware taught by Dr. Lambe in Spring 2015. Since its upload, it has received 51 views. For similar materials see in Communication at University of Delaware.
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Date Created: 09/20/15
COMM345 EXAM 1 REVIEW Terminology and concepts De nition of Law quota set of rules that attempt to guide human conduct and a set of formal governmental sanctions that are applied when those rules are violatedquot Distinction between law amp ethics Law what you can do Ethics what you shouldn t do Four sources of law details about each 1 Constitutions gives the structure of government sets out the rights of citizens who live under the constitution 2 Statutory Laws made by legislative bodies a big issues not speci c problems b legislators are allowed to anticipate problems c collected in codes and law books 3 Rulings by executive and administrative industries a Agencies created to handle speci c complex areas of law b Rulingsorders of agencies must be followed by industries they regulate c Each agency publishes its own rules and orders d Federal communications commision jurisdiction over electronic media and federal trade commission some advertising privacy and anti trust issues 4 Commoncase law quotprinciples and rules of law that derive their authority from legislation but from usage and customquot a Rules developed by addressing speci c factual situations done by the courts b Not in one central place book collected in court decisions Supremacy doctrine constitution is the supreme law of the land nothing con icts Stare decisis quotlet the decision standquot handle it in the same way it was handled the rst time importance of precedent establishes predictability Precedents accept distinguish overrule 1 Accepted similar situation to past one 2 Distinguished factual differences that changes the way precedent was used 3 Overruled logic was awed Trial courts vs appellate courts 1 facts of the case are established includes testimony from witnesses judge decides if they are guilty or not 2 facts have already been established question whether or not law was applied properly only loser can apply for appellate court Remand to send back to a lower court for evaluation based on new legal rules 0 Ex if appellate decides a piece of evidence was illegally obtained go back to trial court where reassessed disregarding that Facts vs law 1 Evidence and testimony 2 statutes prior precedents how to interpret based on the facts Civil vs criminal cases 1 2 private parties can be in dispute and are usually seeking some kind of compensation for a harm 2 Government initiates the lawsuit violates criminal code or statute Types of opinions majority dissenting concurring 1 The opinion of the court that gets the most votes and carries the weight of legal precedent 2 An opinion written by a judge disagreeing with part or all of the majority or another judge s opinion 3 An opinion written by a judge agreeing with part or all of the majority or another judge s opinion Structure of federal amp state court systems Federal Courts 1 Federal district courts 95 trial courts facts are established 2 Federal appealscircuit courts 13 appellate courts the rst place you appeal to after a disagreement in the trial level 3 Supreme Court 9 justices appointed for life State Courts 1 State district trial courts facts are established 2 State appeals court 3 Highest state court only one per state can be appealed to supreme court Writ of certiorari issued rarely means the justices accepted the case Rule of four four justices must agree to hear the case but 5 must agree to win the case Freedoms guaranteed by First Amendment religion speech press assembly petition 1 Only states that congress can t make laws violating these freedoms now applies to all of government a Subject to interpretation British efforts at censorship 1 People were jailed tortured and killed for publishing dangerous content against people in power 3 licensing system pay bonds to get permission to publish without approval could be taken away 4 Sedition incitement of resistence to or revolt against the government Legal de nition of censorship government intervention to try and limit your rst amendment rights State action has to be some form of government involvement for violation of rst amendment Judicial review rules are challenged courts decide if rule is constitutional or not Overbreadth restricts more speech than necessary ex resrticting porn from both adults and kids Vagueness written in a way that is unclear don t know ahead of time if you are violating a law Rationales for protecting free expression eg attainment of truth 1 Attainment of truth if people say what they want ideas will compete freely with each other decide through for themselves marketplace of ideas truth will win 2 Self governance allows us to govern ourselves trust ourselves to make good choices 3 Check on government power freedom of press gov t abuse of power evil 4 Change with stability allows for people to have their voice heard l they won t be violent 5 Individual fulfillment as humans we have a need to share what we are thinking Social contract theory governments are the servants of the people natural rights of life liberty and property rights Slippery slope once you start down the cencorship path when do you stop Chilling effect Don t know if your opinions will be protected so less likely to express them Absolutism anything tat falls under expression should be protected Preferred position balancing should be heavy weight for freedom of expression but sometimes have to give to what is more importance Ad hoc balancing both even on the scale limiting expression doesn t have to be for a big reason Categorical approaches classify types of expression into categories political sex and protect certain categories more than others Clear amp present danger test speech protected unlessuntil clear danger of harm is a result Types of government regulation technical structural content 1 technical mechanical or electronic standards that must be met tv use certain type of signal a tv sets can receive 2 structural set guidelines for relationships within and between industries 3 content cause the most concern rules directly related to the message itself a must face strict scrutinv has to be justi ed by compelling gov t interest narrowly drawn impose on freedom of expression in the smallest way possible Severity of government regulation prior restraint subsequent punishment timeplacemanner regulations 1 prior restraint stops expression from happening in the rst place most severe 2 subsequent punishment allows expression to happen then consquences if problematic 3 timeplacemanner restriction limits whenwhere or how expression can happen a Allowed if i Content neutral no matter who it iswhat it is rule will be the same Serves substantial government interest iii Alternative means for comm exist iv Narrowly tailored to serve the government interest What does it mean for there to be a presumption against something in the law You can assume it will be restricted at first courts will say it isn t allowed and government needs to say why it should be History of prior restraints including during times of warfor national security purposes Wikileaks the government is trying to stop people from publishing warpolitical documents it s to protect the US and its partners as of right now they still have the right to take these documents off the internet but may not be the case in the future USA Patriot Act it broadened the gov t s power to monitor telephone and internet comm authorized attorney gen to detain any foreigner believed to threaten security 1 2004 violated constitutional safeguards allowed federal agencies to gather infor about US citizens without court approval 2008 fed gov t appealed needed to ght terrorism not unconstitutional PRISM mass surveillance program collecting telephone records justi ed under the patriot act which allows the FBI to collect this info for national security seemed to have access to huge servers such as google facebook skype but these companies participation was unclear and dismissed by them 1 Snowden smuggled infor out of national security administration Cases Near v Minnesota 1931 Near published articles critical of certain public officials claimed that law enforcement did little to stop corruption and accused chief of police of neglect Newspaper was found guilty and the publication was bannedljl they appealed l the minnesota supreme court agreed with trial court decision Near appealed to the supreme court l overruled both other court decisions and allowed them to continue publishing Not allowed to censor publications unless the circumstances are extreme Pentagon Papers Case 1971 a secret defense department study of American policy photocopied and shared to the New York Times and the Washington Post It showed that presidents made questionable decisions Nixon demanded they halt the stories any further the justice department wanted to stop the publishing of articles judge changed his mind and made it ok to publish l appellate court disagreed l supreme court 63 says you can t censor because of rst amendment
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