HistPrinciples of Comm Law
HistPrinciples of Comm Law MMC 4200
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This 1 page Class Notes was uploaded by Randy Berge IV on Wednesday September 23, 2015. The Class Notes belongs to MMC 4200 at University of South Florida taught by Kenneth Killebrew in Fall. Since its upload, it has received 23 views. For similar materials see /class/212645/mmc-4200-university-of-south-florida in Mass Media Communication at University of South Florida.
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Date Created: 09/23/15
Review Sheet Law ofMass Communications Exam l Fa112008 Cases New York Times V United States Pentagon Papers Schenck V United States Bad Tendency and clear and present danger Gitlow V New York clear and present danger clari ed notion of quotincorporationquot established Yates V United States abstract discussion of revolution OK advocacy to action forbidden Brandenburg V Ohio imminent lawless action forbidden short of that OK This concept also eXtended to state laws via Incorporation process Near V Minnesota held injunction against publication unconstitutional but said freedom of speech NOT unlimite United States V O39Brien established the threepart O Brien test See the Summaries for each chapter Chptr 1 The Rule ofLaw Understand the development of the American legal system Be able to differentiate between sources of law ie Constitutional statutory administrativeUnderstand the court systems in both the United States and Florida Understand the fundamental tensions that eXist between the 1st Amendment and fourth fth siXth and 14th Amendments Understand the doctrine of Incorporation and due process Understand the nature of executive orders and the sources of law Understand the differences between Criminal and Civil court cases and how they proceed through the courts Understand the jurisdictional differences between state statutes and federal law Chptr 2 The FirstAmemlment Understand the de nition of the First Amendment its ve speci c doctrines and the differences between Petition clause Free Exercise clause and Establishment clause Theories of the First Amendmentfree speech Absolutist Access Ad hoc balancing Preferred Position Balancing Content neutral and content based laws The functions of free speech and TPM rules see chart on p 68 O Brien test 1 advances important government interest 2 is unrelated to suppression of speech and 3 narrowly tailored to achieve government interests with only quotincidentalquot speech restrictions Public v nonpublic forums Chptr 3 Disruptive Speech Understand the Alien and Sedition Acts Espionage Act prior restraint use of injunctions both in general and as a form of prior restraint and various tests for limits on free speech Those tests and their cases include Clear and Present Danger test Schenk V United States Whitney V California marketplace of ideas free speech as a fundamental liberty Gitlow V New York imminent lawless actions vs danger Brandenburg V Hayes Understand the incitement standard s relationship to clear and present danger tests You should also understand the Progressive case and the attempts to curb certain speech by the government and the difference between negligence and incitement Additionally Remember the overall in uence of the Patriot Act on civil liberties and free speech Remember You also must be able to understand the Florida Court System the number of Circuit and Appellate court districts and how they work with the Florida Supreme Court Know the differences between the federal and state court systems Note while incorporation is discussed in your book in chapter 1 I discuss during Brandenburg case
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