Law & Ethics Unit 1

with great power comes great responsibility

14th Amendment

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

1st Amendment

Constitution protects the freedoms of religion, speech, press, assembly, and petition. It prohibits Congress from making laws that restrict these rights.

5th Circuit

LA, MISSI, & LA answer to this court regarding federal appeals.

Act 666

A piece of legislation in Louisiana that involves specific regulations and legal standards, notably regarding public conduct and order.

Ad Hoc

Derived from Latin that translates to "for this." It refers to solutions or arrangements created specifically for a particular issue or task

Appellate Jurisdiction

Hearing it on appeal

Areas of Traditional Control

Art 1, Sect 6 U.S. Constitution

Gives Congress freedom of expression rights when communicating with the public.

Art 6, Para 2. U.S. Constitution

States the U.S. Constitution is the highest law in the land.

Barron v. Baltimore

(1833) The U.S. Supreme Court ruled that the bill of rights restricts only the federal government, not the state and local governments.

Brandenburg vs Ohio

(1969) The U.S. Supreme Court ruled that the first amendment protect inflammatory speech and abstract advocacy of violence unless it is specifically directed to inciting imminent lawless action and is likely to produce such action.

Case Reporter

The suppression of speech, public communication, or information deemed objectionable or harmful by a governing body, institution, or authority.

Chaplinsky

A Jehova’s Witness who called a city Marshall “God-dammed racketeer” & “damned fascist” in public.

arrested- ruling that the First Amendment does not protect words that by their very utterance inflict injury or tend to incite an immediate breach of the peace.

Civil Disobedience

Violate the law intentionally to make a statement

-have to try and change the law first other ways

-has to be non-violent

-willing to accept the punishment

Civil Law

the body of rules that regulates personal or private rights and governs disputes between individuals or organizations

Clear and Present danger

A circumstance or specific expression that may limit First Amendment rights because the words risk bringing about severe, substantive evils

Common Law

law made by judges, based on facts and applying legal principles

Concurring Opinion

When a judge agrees with the main decision but for a different reason

Deontological Ethics

as long as we have followed the rules, we have behaved morally

Dicta

A judge's remark, commentary, opinion, or observation that goes beyond the direct facts and core ruling of the current dispute

Dissenting Opinion

A separate written statement by a judge or justices who disagrees with the majority decision in a court cas

District Court

-lowest level of the federal court system

-where cases begin

-every state has one

Due Process Clause

a constitutional agreement that the government cannot deprive anyone of “life, liberty, or property without due process of law”

En Banc

all judges participate

Executive Law

laws issued by a president or governor

Fairness and Accuracy

the ultimate standard for sharing information truthfully and presenting multiple perspectives without opinion

Fighting Words

a category of speech that is not protected by the First Amendment.

-must be face to face

-directed, targeted, or aimed at an individual

First Amendment Theories

philosophical frameworks that judges, legal scholars, and lawmakers use to explain why free speech is protected and how the First Amendment should be interpreted.

Instead of just looking at the literal text, these theories look at the ultimate purpose of speech in a free society.

Forum Analysis

legal framework courts use to determine when and where the government can restrict speech on public property.

Gitlow vs New York

(1925) established the Incorporation Doctrine

the Supreme Court ruled that the First Amendment applies to state and local governments, not just the federal government

Grosjean vs American Press

(1936) case that permanently banned the government from using discriminatory taxes to censor or punish the media

Hazelwood School District

establishing that public high school officials can censor school-sponsored student newspapers, plays, and other expressive activities as long as their actions are reasonably related to legitimate pedagogical (educational) concerns.

Hosty vs Carter

establishing that the censorship framework used for public high schools under Hazelwood v. Kuhlmeier can also apply to subsidized college student newspapers

Incorporation

ruling that some aspect of the Bill of Rights is a limitation of states actions

John Peter Zenger

Even though it took place decades before the First Amendment was written, this case laid the foundational groundwork for free speech and press freedom in America.

Judicial Review

legal power of courts to examine the actions of the legislative, executive, and administrative branches of government and determine whether those actions violate the Constitution.