Mass Media Law Exam 1

What is the highest level of judicial scrutiny used by courts?

Srtict scrutiny

Which of these locations is generally considered a nonpublic forum?

Airport

A university limits political campaign speeches by time and location. What type of regulation is this?

Content-based

Which is not an example of symbolic speech?

Shouting political opinions at a rally

A court prevents a newspaper from publishing an article about government corruption. What type of restriction is this?

Prior restraint

A protester burns a religious book to express disagreement with a religion. What type of speech is this?

Symbolic speech

Which rule is not viewpoint discrimination?

No political protests are allowed in dorm rooms

A public university bans protests against a political position. What level of scrutiny applies?

Strict scrutiny

A city band protests near schools, except those supporting one political party. What type of rule is this?

Content-based

Which constitutional rights can conflict when a judge considers restricting news coverage of a criminal trial?

Freedom of the Press and right to a fair trial

Which false accusation is a traditional example of defemation per se, where damages may be presumed?

Falsely claiming someone has a serious, stigmatized infectious disease

True or False: Websites are generally not liable for defamatory comments posted by users

True

How many justices serve on the US Supreme Court

9

When can a statement published as an opinion potentially be defamatory?

When it implies a false statement of fact that can be proven

An athlete raises a fist during a medal ceremony to protest injustice. What type of speech is this?

Symbolic speech

Which interest might justify restricting publication in an exceptional case?

National security

Why must public officials and public figures prove actual malice in certain defamation cases?

They often have greater access tothe media to respond

Which is the clearest example of a content-neutral time, place and manner restriction?

Banning (somethng) in all parks after 10 p.m. regardless of message

What does the overbreadth doctrine mean?

A law restricts too much protected speech

Which statement is generally NOT protected by the First Amendment

Knowingly making false claims that damages someone's reputation

Examples of Federal court

Federal law, immigration court, etc.

Examples of State court

State law, murder, DUIs, etc.

True or False: Federal court and State court can both be used to oppress free speech

True

Which judges are appointed? State or Federal

Federal

Which judges need to keep their jobs by voters? State or Federal

State

What are federal trial courts called?

District courts

If someone appeals their civial lawsuit, where does it go?

The court of appeals (appellate court)

How many judges must you convince in appellate court to win?

Two out of three

If your appeal to the court of appeals is not successful, where do you appeal to?

The US Supreme Court

How many cases does the Supreme Court take per year? (Note: there are over 10k submitted)

90

Originalism theory

Legal theory of constitutional interpretation stating that the U.S. Constitution should be understood based on its original public meaning or intent at the time it was adopted

Evolutionary theory

Views the U.S. Constitution not as a static set of rigid commands, but as a living common-law document that adapts over time through judicial precedent, societal tradition and policy

What is strict scrutiny?

Applied to content-based restrictions

What is intermediate scrutiny?

Applied to content-neutral restrictions

What is rational basis?

The lowest and most deferential standard of judicial review used by U.S. courts to test the constitutionality of a law, regulation, or government action under the Due Process or Equal Protection Clauses

What does the plaintiff need in order to claim the first amendment has been violated?

State Action

What is analyzed under strict scrutiny?

The court analyzes where there is a "compelling government interest in the regulation and whether the law is narrowly tailored by "the least restrictive means for addressing" the government's interest

What is analyzed under intermediate scrutiny?

The courts generally require the government to establish an "important or substantial government interest" in the regulation and that the regulation is no more restrictive than necessary

What is vagueness?

When a reasonable person could not discern what speech or conduct is prohibited

What is overbreadth?

Law is so broad that it inhibits freedom of speech more tan is necessary to achieve a legitamate government purpose

What is content-based speech regulations

Laws that suppress or disadvantage speech because of it's content; based on viewpoint, speech and subject matter

What is the difference between subject matter and viewpoint

Subject matter restricts an entire topic or category of discussion, while viewpoint targets a specific opinion, stance, or ideology held within that topic

True or false: Content-based speech is protected

True

Sedition Act of 1798

Passed by Federalist Congress, made criticizing officials illegal. Thomas Jefferson and James Madison condemned it, saying people have the right to criticize government officials.

Seditious Speech - wartime resistance

Speech that posed a "clear and present danger" of bringing about substantive evils

Seditious Speech - modern standard

Can not suppress abstract advocacy of force or lawbreaking unless the speech is directed to enticing or producing imminent lawless action and is likely to produce such action

What is a public forum?

Places traditionally used for expressive activity, dialogue and exchange of ideas. Gets full protection under constitution

What is a limited public forum?

Property the state has opened for use by the public. The government is dedicated space for expressive activities

What is a non-public forum?

Private property, airports, post office, prison, military bases. Here the state can restrict speech as long as law is reasonable and viewpoint is neutral

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