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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
Note 
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