SMAD 450 - Exam One

Mass communication Law

Constitutional Law

Supreme law of the land; U.S. Supreme Court has final interpretation.

Statutory Law

Laws enacted by legislatures that address broad societal issues.

Black Letter Law

Clear, unambiguous rules.

Administrative Law

Rules from government agencies like FCC and EPA.

Executive Actions

Orders from the president including executive orders and appointments.

Common Law

Judge-made law based on precedents (Stare Decisis).

Law of Equity

Preventative or remedial actions; originated to provide remedies where common law was insufficient.

Court Citation Format

Example: Adderly v. Smith, 385 US 39 (1966).

Amicus Brief

A 'friend of the court' brief.

De Novo

New evidence at appellate level.

En Banc

Full appellate court hears a case.

Writ of Certiorari

Petition to the Supreme Court to hear a case (requires 4/9 justices).

Moot

Ruling no longer relevant to the case.

Remand

Send case back to lower court with new guidance.

Majority Opinion

The court's decision.

Concurring Opinion

Agrees with majority, but offers different reasoning.

Dissenting Opinion

Disagrees with majority.

Per Curiam

Unsigned opinion based on briefs alone.

Shadow Docket

Court motions/orders that haven’t reached final judgment.

First Amendment

Protects speech, religion, press, assembly, and petition.

Fifth Amendment

Protects against prior restraint, self-incrimination, and double jeopardy.

Sixth Amendment

Right to a speedy trial.

Fourteenth Amendment

Protects against state deprivation of life, liberty, or property without due process.

Judicial Review

Established in Marbury v. Madison, allowing courts to strike down unconstitutional laws.

General Jurisdiction

Court can hear a wide range of cases.

Specific Jurisdiction

Court has authority based on the defendant's activities in the jurisdiction.

Due Process

Ensures fair application of law and judicial process.

Crimes Against the Person

Includes murder and manslaughter.

Crimes Against Property

Includes theft and larceny.

Tort Law

Deals with civil wrongs and compensation.

Strict Liability

Plaintiff doesn't need to prove fault in some cases.

Fighting Words

Words that provoke immediate violence.

True Threats

Speech intended to intimidate or threaten.

Hate Speech

Offensive speech directed at individuals or groups.

Symbolic Speech

Non-verbal expression, e.g., flag burning.

Clear and Present Danger

A test for limiting speech based on immediate harm.

Marbury v. Madison

Established Judicial Review.

Near v. Minnesota

Prior restraint is generally unconstitutional.

Gitlow v. New York

First case applying First Amendment protections to the states.

Grosjean v. American Press

Discriminatory state tax on newspapers ruled unconstitutional.

New York Times v. US

Government's prior restraint against the press was rejected.

Texas v. Johnson

Flag burning is a protected form of symbolic speech.

Citizens United v. FEC

Corporations can spend unlimited money in elections.

O'Brien Test

Guidelines for limiting speech that advances an important government interest.

Obscenity

Not protected by First Amendment if legally defined as obscene.

Indecency

Term applied to regulate broadcast content.

Prurient Interests

Lustful thoughts or desires.

Miller v. California

Established the SLAPS test for obscenity.

Stanley v. Georgia

Private possession of obscene material for personal use is protected.

Ashcroft v. Free Speech Coalition

Struck down ban on virtual child pornography.

Reno v. ACLU

Struck down the Communications Decency Act.

Smith v. Daily Mail Publishing Co.

State can punish truthful media to further interest of the highest order.

Freedom of Speech

Ensures individuals can express their thoughts and ideas.

Collateral Bar Rule

Obey injunction orders until dissolved or reversed.

First Amendment Protection for Press

Near v. Minnesota established that prior restraint is usually unconstitutional.

Prior Restraint

Government prohibition against speech or publication before it occurs.

O’Brien Test

Used for Intermediate Scrutiny to evaluate restrictions on expressive conduct.

Intermediate Scrutiny

Speech may be restricted if it advances an important government interest.

Compelling Interest

High priority constitutional concerns that justify limiting rights.

Defense of Truth

Used in libel cases to argue that the claim made was true.

Clear and Present Danger Test

Measures if speech can be limited for public safety concerns.

Seditious Libel

Criticism directed at a specific governmental individual.

Philosophical Influences

Ideas from thinkers like Milton and Locke shaping free speech principles.

Syndicalism

Collaboration of individuals aimed at overthrowing the government.

Definitional Balancing

Sets rules for future cases by balancing competing interests.

Repressive Legislation

Laws that limit First Amendment rights under certain conditions.

Historical Influences

Key events and figures that shaped legal precedents.

Legal Influences

Important laws and court cases that guide current legal interpretations.

Blackstone’s Influence

First judge to codify decisions and advocate against prior restraint.

John Peter Zenger Case

Established the defense of truth in libel cases.

Clear & Present Danger Doctrine

Establishes grounds for limiting speech to prevent imminent lawless action.

First Obscenity Statute

Comstock Act made mailing obscene materials illegal.

Child Protection Acts

Laws to prevent child sexual exploitation.

DeepFakes

Manipulated visuals that are often malicious.

Sextortion

Threatening to expose private material unless sexual favors are provided.

Florida Star v. BJF

Media cannot be punished for lawfully obtained information.

Progressive v. United States

Prior restraint on publishing an article about creating an H-Bomb.

Snepp v. United States

Non-disclosure agreements are not considered prior restraint.

Morison v. United States

Leaking national security info can lead to punishment.

1660s

Historical period defining early free speech principles.

Federalist Views

Hamilton supported strong central government; Madison favored state rights.

Bill of Rights

First ten amendments to the Constitution protecting individual liberties.

Espionage Act of 1917

Made it illegal to engage in activities harmful during wartime.

Court Decision are found in?

Reporters

The Supremacy Clause is found in?

Constitutional Law

In Soenksen v. Alessi 185 F.2d 484 (4thCir 2020)  __________ is the volume number.

185

__________ is a law reviewing court.

State Supreme Court

The number of justices that need to vote for a writ of certiorari to be accepted by the USSC is _________.

4

This decision by the USSC is based on briefs and usually unsigned.

per curiam

This is the first case to articulate the "Marketplace Approach."

Abrams v. United States

This Justice was an advocate of the "absolutist" approach to interpreting the First Amendment.

Hugo Black

In the Virginia Court system this is know as a "Court Not of Record."

General District Court

In this case(s) the USSC ruled that information lawfully obtained regarding sexual assault may be legally published.

Cox Broadcasting v. Cohn

This case used the Smith Act to prosecute Communists.

Dennis v. United States

This landmark decision declared most prior restraints unconstitutional.

Near v. Minnesota

In this decision the USSC declared that information found in public records and open court cannot be restrained.

Cox Broadcasting v. Cohn

The Court declared that an individual may be punished for leaking national security information even in times of peace.

Morison v. US

This case is commonly referred to as the "Pentagon Papers" case.

New York Times v. US

This is not a legal term that the media tends to employ as an equivalent to obscenity.

Pornography

Placing magazines behind the clerk's counter is an example of ______________.

Display laws