Media Law- Midterm Exam Study Guide 3

Judicial Review

The Supreme Court's power to determine if actions by the legislative and executive branches are constitutional.

Marbury v. Madison (1803)

Established the concept of judicial review.

Common Law

Law developed by judges through decisions in individual court cases.

Administrative Rules

Regulations created by executive branch agencies acting as legislative and judicial bodies.

En banc

A session where all active circuit judges in a federal region participate in a ruling.

Due Process

The principle that legal matters be resolved according to established rules.

Habeas Corpus

Legal action that protects against unlawful detention.

Seditious Libel

Criticism of the government intended to incite rebellion.

Blackstone Doctrine

Established that prior restraint on free speech was not permissible.

People v. Croswell (1804)

Case addressing the legality of using truth as a defense in criminal libel.

First Amendment

Guarantees freedoms concerning religion, expression, assembly, and the right to petition.

Prior Restraint

Preventing speech before it is expressed.

Injunction

A court order that prohibits certain actions.

Gag Order

A restriction on information flow to protect fairness in a trial.

Near v. Minnesota (1931)

Case that ruled against prior restraint regarding public officials.

Clear and Present Danger Test

Evaluates if speech presents a clear and immediate danger.

Symbolic Speech

Actions that purposefully convey a particular message or statement.

Defamation

A false statement that injures a person's reputation.

Public Official Standard

In defamation cases, public officials must prove actual malice.

Actual Malice

Knowledge of falsity or reckless disregard for the truth in defamation cases.

Privacy

Right to keep personal life away from public scrutiny.

Intrusion

Invasion of a person's privacy to obtain information.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.