Law and Ethics Midterm

What is forbidden in most cases by the government based on supreme court rulings in regards to the First Amendment?

Prior Restraint

Schenck vs. United States (1919) established what standard that determines what is not protected by the First Amendment?

Speech that presents a “clear and present danger”

What conclusion did the Supreme court find in New York Times vs. Sullivan?

The first amendment protects the publication of all statements about the conduct of public officials unless they’re made with actual malice

Jacobellis v. Ohio (1964) offered a complicated ruling concerning the First Amendment. How so?

Ruled that obscenity is protected under the First Amendment, but failed to define it

How did Tinker v. Des Moines affect First Amendment rights?

Students do not surrender their constitutional rights simply by entering a public school.

First National Bank of Boston v. Bellotti defined First Amendment protections in what way?

Opened the door for more corporate speech as the court ruled that the content of the speech determined

Consolidated Energy Co. v. PSC clarified corporate speech in what way?

• Allowed for utilities to include statements on controversial issues in their bill statement to consumers

• A corporate entity cannot be censored simply by opposing their point of view

Citizens United v. FEC (2010) opened the door for what in terms of the First Amendment?

Super PACS

Commercial speech may be subject to greater government regulation than corporate speech. (T or F)

True

In Bolger v. Young Drug Products Corp. (1983), SCOTUS declared unconstitutional a federal regulation prohibiting the mailing of unsolicited advertisments for contraceptives. As part of that ruling, SCOTUS defined commercial speech as speech that has 3 traits:

Referred to specific products by their company, motivated by profit and is worthy of First Amendment protections

What is the difference between slander and libel?

Slander is spoken word while libel is written. The lines between the two get blurred when it comes to technology and social media.

The plaintiff in a libel action must prove all 6 essential elements to win a
libel case:

Publication ,Identification, Defamation, Fault/Falsity, Injury

What is the Communication Decency Act of 1996?

ISP and social media sites are not considered publishers even if they restrict
“objectionable” messages. The section also protects bloggers from defamatory comments left by readers. The simple act for “liking” a defamatory FB post or retweeting a defamatory tweet would not
appear to be republication under section 230

Defenses to Libel Suits

Statute of Limitations – An action must be commenced against
the defendant within a certain time after the event. The time
varies by state.
• Truth -- Ensure the information is true prior to publication. The
information need only be substantially true.
• First Amendment Opinion Defense – Vague evaluations incapable
of being proved true or false; statements that are exaggerated,
including hyperbole, parody and loose figurative language.
• Consent – If a person authorizes a story or article, they can’t
later claim it was libelous
• Privilege – Absolute vs. qualified
• Absolute – Protects the defendant regardless of motive or
accuracy
• Qualified – Permits others (e.g. journalists) to report
libelous comments made in a privileged setting without
being held responsible for the statements