Communication Law: First Amendment, Libel, Privacy, and Copyright

What is John Austin's definition of law?

Law is definite rules of human conduct with formal government sanctions for violating those rules.

How does ethics differ from law?

Ethics is not the same as law.

What is common law based on?

Common law is based on laws in England and established through precedent.

What is a precedent?

A body of decisions made over the years that forms a standard for how courts would rule in similar cases.

What are the possible actions a court can take regarding precedent?

A court can modify, accept (but rule differently), or overrule precedent.

What is the significance of Supreme Court decisions?

Supreme Court decisions are binding on everyone.

Where can precedents be found?

Precedents can be found in case reporters like United States Reports and Federal Reporters.

What is the law of equity?

Law of equity allows individuals to petition for decisions based on conscience or fairness when common law does not provide satisfactory answers.

What is statutory law?

Statutory law consists of statutes based on measures approved by popularly elected bodies.

What is constitutional law?

Constitutional law establishes government, outlines powers and responsibilities, and provides basic rights of citizens.

What is administrative law?

Administrative law involves rules made by administrative agencies created by Congress.

What is the difference between trial courts and appellate courts?

Trial courts are fact-finding courts where cases start, while appellate courts review the application of law without concern for facts.

What is judicial review?

Judicial review is the power of any court to declare any law or official government action unconstitutional.

What is the First Amendment?

The First Amendment guarantees freedoms of speech, press, religion, and assembly.

What is the absolutist theory of the First Amendment?

The absolutist theory states that no law means no law, with only two Supreme Court justices holding this perspective.

What is the ad hoc balancing theory?

This theory suggests that freedom of speech/press must be balanced with other fundamental rights on a case-by-case basis.

What is the preferred positioning balancing theory?

This theory posits that freedom of speech/press is the most important human right and should be treated differently.

What does the Meiklejohnian theory emphasize?

It emphasizes that speech/press aids self-government and that expression related to self-government is protected.

What is the access theory?

The access theory argues that the First Amendment includes a right to media access, but was rejected in Miami Herald v. Tornillo.

What is the marketplace of ideas theory?

This theory suggests that truth will prevail in free expression, as all ideas compete for acceptance.

What is the significance of the Alien and Sedition Act of 1798?

It forbade false, scandalous, and malicious publications against the U.S. government and was the first peacetime sedition law.

What was the outcome of Schenck v. U.S.?

The court ruled that speech creating a clear and present danger can be restricted, especially during wartime.

Who was John Peter Zenger?

John Peter Zenger was a notable figure in colonial America known for his case against government censorship.

What is the significance of the First Amendment's ratification year?

The First Amendment was ratified in 1791, establishing fundamental rights for citizens.

What is a civil suit?

A civil suit is an action against a person, initiated by a plaintiff who files charges.

What is a criminal suit?

A criminal suit is an action against the state or government, typically written as State/U.S. v. Someone.

What does the term 'appellant' refer to?

The appellant is the person who files an appeal in a legal case.

What was the main issue in the California law case targeting communist party members?

The law was challenged before SCOTUS in 1927, where Brandeis argued that speech should only be restricted if it leads to serious and imminent evil.

What did Brandeis propose as a solution to false and malicious speech?

He suggested that the solution is more speech through education.

What standard replaced 'clear and present danger' in Dennis v. U.S.?

The standard of 'clear and probable danger' was established.

What was the outcome of the Dennis v. U.S. case regarding the Communist Party members?

A group of 11 Communist Party members was convicted for teaching advocacy for the overthrow of the government.

What distinction did the Supreme Court make in Brandenburg v. Ohio?

The Court distinguished between advocacy of ideas and inciting violence or unlawful conduct.

What must laws do to restrict speech according to Brandenburg v. Ohio?

Laws can only restrict speech if the advocacy is directed to inciting or producing imminent lawless action.

What did the Supreme Court rule in Elonis v. U.S. regarding 'true threats'?

The Court ruled that 'true threats' must consider the author's intent, not just a reasonable person's interpretation.

What was the ruling in Grosjean v. American Press Co. regarding taxation and the press?

The SCOTUS ruled that excessive taxes on newspapers violated the First Amendment.

What did the Court decide in Minneapolis Star v. Minnesota Commissioner of Revenue?

The Court ruled that Minnesota could not single out the Minneapolis Star for taxation.

What does 'prior restraint' refer to in First Amendment cases?

Prior restraint refers to government actions that prevent speech or publication before it occurs.

What was the outcome of Near v. Minnesota regarding prior restraint?

The SCOTUS ruled that the law restricting the Saturday Press was unconstitutional as it aimed to silence the publication.

What was the significance of the Pentagon Papers Case (NYT Co. v. U.S.)?

The Court ruled in favor of the newspapers, stating the government must prove why prior restraint is necessary.

What did the Progressive Magazine Case argue regarding classified information?

Experts argued that the information was unclassified and necessary for informed citizenry, while the government sought to censor it.

What is the 'fighting words doctrine' established in Chaplinsky v. New Hampshire?

It refers to certain classes of speech that inflict injury or breach the peace, which can be restricted.

What are the criteria for Time, Place, and Manner restrictions on speech?

Restrictions must be content neutral, not a complete ban, justified, and narrowly tailored.

What is the O'Brien Test used for?

It is used to determine if a restriction on speech furthers a government interest and is not aimed at silencing free expression.

What did the Supreme Court rule regarding flag burning?

Flag burning is allowed under certain circumstances as a form of protected speech.

What limitations exist on speech that induces panic?

It is illegal to falsely shout fire in a crowded theater or whisper bomb in a school.

What is the distinction between Traditional Public Forum and Designated Public Forum?

Traditional Public Forums are places historically used for assembly, while Designated Public Forums are created by the government for expressive activities.

What was the ruling in Tinker v. Des Moines School District regarding student speech?

Students do not lose their First Amendment rights at the schoolhouse gate.

What was the outcome of Bethel School District v. Fraser?

The Court ruled that the school could discipline a student for disruptive speech containing innuendos.

What did the Court decide in Morse v. Frederick regarding student speech?

Public schools can censor speech that promotes illegal drug use.

What was the ruling in Hazelwood v. Kuhlmeier regarding student newspapers?

The Court ruled that schools could censor school-sponsored newspapers as they are part of the curriculum.

What are the criteria for censorable material in student publications based on Hazelwood?

Material can be censored if it disrupts discipline, interferes with student rights, is inappropriate academically, or poses health/welfare concerns.

What did Dickey v. Alabama State Board of Education establish regarding college students?

The state cannot suspend a college student for exercising their right to freedom of expression.

What was the ruling in Kincaid v. Gibson regarding university yearbooks?

The Court ruled that the university violated students' First Amendment rights by confiscating the yearbook.

What did Hosty v. Carter decide about college newspapers?

The ruling limited free press rights of college newspapers, applying high school censorship standards.

What major event is referenced in the context of Vietnam?

The Vietnam War, during which journalists provided coverage.

Who is Daniel Ellsberg?

He leaked the Pentagon Papers, which contained classified information about the Vietnam War.

What was the significance of the New York Times' publication of the Pentagon Papers?

It was considered treasonable and led to immediate protests.

What does 'prior restraint' refer to?

Government action that prevents speech or publication before it occurs.

What was the outcome of the court ruling regarding the Post and Times in relation to the Pentagon Papers?

The court ruled in favor of the Post and Times, allowing them to publish the papers.

What is a SLAPP suit?

Strategic Lawsuits Against Public Participation, intended to silence critics through legal intimidation.

What is the difference between libel and slander?

Libel is written defamation, while slander is spoken defamation.

What is required for a statement to be considered defamatory?

It must damage someone's reputation and be published to a third party.

What is the 'burden of proof' in libel cases?

The plaintiff must prove identification, publication, defamation, falsity, and fault.

What does 'actual malice' mean in the context of libel law?

Knowledge of falsity or reckless disregard for the truth.

What is the significance of New York Times v. Sullivan?

It established that public figures must prove actual malice to win a libel case.

What are 'time, place, and manner restrictions'?

Regulations that limit speech based on when, where, and how it occurs, provided they are content-neutral.

What is the 'O'Brien Test'?

A test for determining if a content-based restriction on speech serves a significant government interest.

What is the legal definition of libel?

Publication or broadcast of a statement that injures someone's reputation.

What is the role of retractions in libel cases?

Some states make it harder to win a libel case if the media has issued a retraction.

What does 'defamation per se' refer to?

Certain statements that are inherently damaging, such as accusations of crime or moral turpitude.

What is the significance of the Pentagon Papers study?

It revealed the U.S. government's misleading statements about the Vietnam War.

What is the 'single mistake rule' in libel cases?

A defense that states a single mistake does not constitute defamation.

What is the difference between public and private figures in libel cases?

Public figures must prove actual malice, while private figures only need to show negligence.

What does 'negligence' mean in the context of libel law?

Failure to exercise reasonable care in publishing information.

What is the 'Harlan Test'?

A test used to determine if a news story was reported with sufficient time to verify its accuracy.

What was the public reaction to the publication of the Pentagon Papers?

It led to widespread protests against the Vietnam War.

What is the importance of the First Amendment in relation to the press?

It protects freedom of speech and the press from government interference.

What does 'content neutral' mean in speech regulation?

Regulations that do not favor one type of speech over another.

What is the 'falsity' requirement in libel cases?

The plaintiff must prove that the statement made was false.

What is the significance of the injunction against the Post?

It was a legal order preventing the publication of the Pentagon Papers due to claims of prior restraint.

What does 'republished material' imply in libel cases?

It counts as a new instance of libel if someone reprints or shares previously published defamatory content.

What must appellate courts ensure regarding actual malice?

They must review evidence to ensure it establishes actual malice with convincing clarity.

What does Section 230 of the Communications Decency Act state?

If you are a distributor and not the creator, you cannot be held liable.

What is absolute privilege in the context of libel?

Statements made in legislative or judicial forums may never be held liable.

What is qualified privilege in libel cases?

Media can report on official government meetings or summaries if reported accurately and fairly.

What is neutral reportage?

A controversial concept suggesting reporters can report charges from prominent sources if done accurately and neutrally.

What is the Ollman Test?

A test to determine if a statement is opinion, based on its ordinary meaning, journalistic context, and social context.

What are the five elements that must be proven for libel?

Identification, publication, harm, falsity, and fault.

What was the significance of New York Times v. Sullivan?

The court ruled in favor of the newspaper, stating that governmental officials should expect their actions to be scrutinized.

What constitutes actual malice in libel cases?

Knowledge of falsity or reckless disregard for the truth.

What is the Harlan Test?

A test to assess negligence and malice, considering the timeliness and credibility of sources.

What is the definition of ethics?

The study of how moral decisions are made, establishing a system for determining right and wrong.

What are the branches of ethics?

Metaethics, normative ethics, and applied ethics.

What is Aristotle's Golden Mean?

A teleological principle focusing on virtue ethics based on character and intent.

What does utilitarian ethics emphasize?

The greatest good for the greatest number.

What is deontological ethics?

An ethical framework that focuses on actions and adherence to rules or duties.

What is the libertarian view in institutional ethics?

Pursuing self-interests in a competitive marketplace contributes to public welfare.

What is the Hutchins Commission's view on mass media responsibilities?

Media should provide accurate accounts, serve as a forum for exchange, and represent societal values.

What are the four main principles of the Society for Professional Journalists' code?

Seek truth, act independently, minimize harm, and be accountable.

What is the purpose of consent in libel cases?

Direct consent prevents libel claims; indirect consent can arise from commenting on defamatory material.