MODULE 1: MEDIA LAW

What is the overall structure of the 3 branches of the federal government?

Executive = president, legislative = laws, judicial = courts

What does Article 1 of the U.S Constitution establish?

The legislative branch of the federal government, also known as the Supreme Court

What does Article 2 of the U.S Constitution establish?

The executive branch of the federal government, which enforces and administers federal laws.

What does Article III of the U.S. Constitution establish?

Establishes the judicial branch of the federal government.

What does the Supremacy Clause of the U.S. Constitution establish?

The Supremacy Clause makes the U.S Constitution, federal laws, and treaties the highest law of the land, meaning they override any conflicting state laws. The U.S Constitution is first, followed by federal laws and treaties, and finally state constitutions and state laws. Judges in each state must follow federal law and the Constitution, even if their own state laws say something different.

How does the U.S. Constitution relate to protection for copyrights and trademarks?

The U.S Constitution explicitly gives Congress the power to protect copyrights through the Intellectual Property Clause, while federal trademark protection is based instead on the Commerce Clause.

What does the First Amendment protect?

Religion, speech, the press, assembly, and petition

What does the press clause of the First Amendment protect?

The right of individuals and media organizations to publish, distribute, and gather information without government censorship, licensing, or prior restraint. No prior restraint = the government can’t block a story before it’s published, even if it’s controversial or inconvenient. No retaliation = government cannot punish, fine, or retaliate against journalists

What does the speech clause of the First Amendment protect?

Protects individuals from government censorship and punishment regarding their spoken, written, and symbolic expression.

What is the doctrine of incorporation?

Makes the protections of the U.S Bill of Rights apply to state and local government, not just federal government. After the Civil War, the 14th amendment was passed, which includes a due process clause that says states cannot take away basic rights.

What are the major sources of law covered in our course materials?

Constitutional law, statues, common law, equity law, admin.law, exec. orders

How and why are freedom of speech and freedom of the press important in a democracy?

Freedom of speech and freedom of the press are essential to a democracy because they allow citizens to stay informed, debate ideas openly, and hold government leaders accountable without fear of punishment. It “encourages open dialogue” which gives citizens a vote. It lets people question leaders, expose corruption, and push reform.

What are significant theoretical foundations for the First Amendment?

Significant theoretical foundations for the First Amendment include the search for truth, democratic self-governance, individual autonomy, and the tolerance of diverse ideas. The core theories include the marketplace of ideas, self-governance, individual autonomy, and tolerance theory.

What are some significant historical examples of suppression of speech and/or publications?

Early U.S. Sedition Laws (Alien and Sedition Acts of 1798 made it a crime to publish false, scandalous, or malicious writing against the U.S. government), and World War 1 Espionage and Sedition Acts ( the U.S. government severely curtailed anti-war speech during World War I. During World War I, significant restrictions were enacted, making it illegal to voice opposition or criticism against the war effort or the military draft.)

What are key cases related to First Amendment protection for speech and/or publications? (FREEDOM OF SPEECH AND EXPRESSION)

Tinker V Des Monies Independent Community School District (the Supreme Court ruled that students retain free speech rights at school, establishing that expression can only be prohibited if it causes a substantial disruption.), Schneck V United States (The Court held that free speech is not absolute, notably stating that speech creating a "clear and present danger" of substantive evils is unprotected), Texas V Johnson (The Court protected flag burning as a form of symbolic speech, ruling that the government cannot ban the expression of an idea simply because society finds the idea offensive.)

What limitations may be placed on protection of commercial speech?

Commercial speech receives less First Amendment protection than political or non-commercial speech, and the government may limit or regulate it under the Central Hudson test if specific legal conditions are met. 

What does the First Amendment protect speech or publications against?

Protects speech or publications against government censorship and laws that restrict expression.

What do court opinions establish?

Court opinion establish the legal reasoning, holdings, and binding precedents that guide how lower courts interpret and apply the law in future cases.

What do trial courts do?

Trial courts hear legal disputes first and serve as the initial place where evidence and witnesses are presented.

What do appellate courts do?

Appellate courts review decisions from lower trial courts to determine if legal or procedural errors occurred during the original trial.

How should you read a court opinion?

Gitlow V. New York (1925)

U.S Supreme Court held that the free speech protections of the First Amendment apply to state governments through the Due Process Clause of the 14th Amendment. Simultaneously, the Court upheld that conviction of a Socialist radical for disseminating in New York a party manifesto the Court interpreted as advocating the violent overthrow of the government.

Prior Restraint

A government action that stops speech, writing, or media publication before it happens. Examples are: Licensing and permits (requiring a gov permit or license before holding a public protest or distribution fliers), gag orders (a judge prohibiting the news to talk about an ongoing case), censorship laws ( statutes that ban specific categories of communication before anyone can express them)

Are trademarks protected under the IP clause?

NO, because trademarks do not “need to be original” in 1879 The Trade-Mark Cases, the court decided trademarks are different from creative works.

Clear and Present Danger test

The clear and present danger test was a historical legal standard used by the U.S. Supreme Court to decide when the government could limit free speech under the First Amendment. Set up during Schenck v United States, when Justice Holmes compared unprotected speech to falsely shouting "Fire!" in a crowded theater and causing a panic. The rule is that the government could punish or stop speech if it posed a real, immediate threat of a serious evil that the government had a right to prevent.

What does “petition” mean in terms of the first amendment?

The legal protection that allows people to ask the government to change policies, fix wrongs, or address complaints without fear of government.

Article 6 (VI) establishes…..

the Supremacy Clause

In a criminal case a ______ must prove _______ beyond a reasonable doubt.

prosecutor, guilt

In a civil case, a _____ must prove liability ______

plantiff, proponderance of evidece

What do court opinions establish?

Legal reasoning, rules, and precedent

What do trial courts primarily do?

find facts, hear evidence, apply law, and issue decisions (fact finders)

What do appellate courts do?

review lower court decision for legal or procedural errors

What do legislators create?

Statues

What part of a court opinion may establish a rule of law?

The holding

Safety Valve

The safety valve is a legal provision in federal court that allows a judge to give a lighter sentence than the required mandatory minimum for certain nonviolent drug offenses.

Establishment of judicial review

Marbury V Madison

T/F: commercial speech recieves no First Amendment protection

False

Constitutional Law

establishes the nature, functions, and limits of government

What is a statute?

A statute is a formally written law passed by a legislate body, such as Congress or a state legislative, also referred to as an “act”.

Common Law

Judge made law, which is mostly found at the state level rather than through written statutes passed by a legislature.

Equity Law

Equity law is a separate body of law that developed to provide fair and just remedies when strict rules of common law or statutory law were insufficient or caused an injustice

Administrative Law

Administrative law is the body of law that governs the creation, operation, and powers of government administrative agencies. It falls under public law, controlling how the executive branch and its agencies interact with the public, businesses, and other government bodies.

Executive Order

A signed, written, and published official directive from the President of the United States that manages the operations of the federal government. They allow the president to signal policy goals and manage federal resources without waiting for Congress. They must stay within the boundaries of existing statutory law and the U.S. Constitution. They cannot change the Constitution, overturn Supreme Court rulings, or direct the judicial or legislative branches

Marketplace of Idas

A foundational legal and philosophical concept that compares the free expression and competition of ideas in public discourse to an economic free market.

Self-Governance

The ability of a person, community, or nation to control its own affairs and make decisions without outside interference.

Individual Autonomy

Personal autonomy is the capacity of an individual to make uncoerced, informed, decisions and govern their own life according to their personal values and thoughts.

Tolerance Theory

Constitutional law and political philosophy states that a free society must permit the open exchange of diverse, unpopular, or conflicting ideas to discover truth and protect freedom of expression.

Natural rights

The framers viewed speech, press, and religious freedom as pre-existing natural rights that government neutrality and protect core political discourse.

What are key cases related to First Amendment protection for speech and/or publications? (FREEDOM OF THE PRESS AND PUBLICATIONS)

New York Times Co. V United States (Often called the Pentagon Papers case, the Supreme Court placed a heavy burden on the government to prove justification for a prior restraint on publication.), New York Times Co. V Sullivan (The Court established the "actual malice" standard, requiring public officials to prove that defamatory statements were published with knowledge of falsity or reckless disregard for the truth before recovering damages.), Hustler Magazine Inc. V Falwell (The Court extended First Amendment protection to satirical and offensive parodies concerning public figures, barring claims for emotional distress unless actual malice is shown)

Jurisdiction

a courts authority to hear a case.. every court has its own area of responsibility.

The Central Hudson Test

Used to limit or regulate commercial speech, the U.S. Supreme Court established a four-part framework in Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) to evaluate when government restrictions on commercial speech are constitutional. The speech must contain lawful activity, not be misleading, the government must assert a substancial interest, the regulation must directly advance the government interest, regulation must be no more extensive than necessary.

concurring opinion

they agree

dissenting opinion

don’t agreee

Cases may go before the Supreme Court if it ____ _ _______ ____ ______ or ___ ____ _____.

poses a pressing legal question, has conflicting opinions

cases come before the court through

Writ of Certiorari

Who is currently the justice closest to the center of the court

Chief Justice John Roberts

You need _____ ______ for an arrest

probable cause

Plantiff

person who files a civil complaint

defendant

person responding to the suit

after a hearing, the defendant may respond by

filing a countersuit, denying the charge, by filing a motion to dismiss

sometimes a judge will settle