MEDIA LAW TEST 1

MTSU Roger Heinrich

Common Law

Judge-made law

Constitutions

The law of the land

Statutes

All forms of government can make them (speed limits)

Equity law

A law that affects everyone (speed limits, murder)

Administrative law

Rules made by higher powers

Executive Orders

Signed by presidents, governors, etc. After being signed, must be agreed upon by courts 

Trial courts do what? What do typically not do?

Find facts and define existing law, don’t often establish precedent

Concurring opinion

majority of judges write an opinion on why they ruled that way

Dissenting opinion 

minority of judges write an opinion on why they ruled that way

originalists / original intent

words written is what constitution means

textualists / living doccument

words in consitution can be recontextualized for modern times

Citizens United v. Federal Election Commission (2010)

A 2010 landmark Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures.

The First Amendment covers protections for what?

-speech
-petition government
-religion
-press

Chaplinksy v. New Hampshire (1942)

"Fighting words" are not protected by the First Amendment

United States v. O'Brien (1968)

The court upheld the law prohibiting the burning of draft cards, ruling that it was not "symbolic speech"

However, gov. must also prove an important government interest in restraining symbolic speech.

Morse v. Frederick (2007)

Can't encourage illegal stuff in schools

What does libel law check the power of?

The media. it is governed by state law, each individual state has their own, with some protection under the First Amendment

Actual malice

Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth, intent to cause harm

Plantiff

person wronged

Defendant

person accused of wrongdoing

Tort

what the defendant has been accused of (copyright infringement, etc)

FIRAC

Facts, Issue, Rule of Law, Analysis, Conclusion

How to understand law

Preread and quickly skim important areas, skim entire case, then read important sections carefully; most important things are the ruling, why the ruling was made, and the facts of the case

Venue

 Usually in the jurisdiction where the crime is committed

Discovery

Evidence relevant to case that must be showed to court

Subpoena

Court demands a person with evidence relevant to case must come give evidence in a court hearing. US Marshalls will get involved upon hearing no response

Motion to dismiss

declaration that theres not enough evidence, out of court settlement, judge might settle it through a court conference, hesitance to show discovery may lead to dismissal

Near v. Minnesota (1931)

Held that the 1st Amendment protects newspapers from prior restraint.

New York Times v. Sullivan (1960)

Supreme Court decision established that public officials cannot win a libel suit unless they prove the statement was made with actual malice.

Tinker v. Des Moines Independent Community School District (1965) (The Tinker Test)

U.S. Supreme Court ruling establishing that public school students retain their First Amendment right to free speech and symbolic expression while at school

Prior restraint

 press has to show their works to leader of government for approval to be published

Seditious Libel

Not allowed to speak poorly of leader of government 

Ad hoc balancing

Judge weighs the outcome of the trial based on what the fairest way to put out a verdict would be

Clear and Present danger

Fighting words, threats, and violence. Not protected under 1st ammendent

Public schools are ___ public forums, meaning-

Limited, Regulations for educational goals may incidentally limit freedom of speech 

Chilling Effect

the discouragement or self-censorship of legitimate speech and reporting due to the fear of legal action, prosecution, or severe penalties

Bootstrapping

the forbidden practice where a media defendant tries to classify a private plaintiff as a public figure simply by generating news coverage about them and then pointing to that same coverage as proof that a public controversy exists

Damages

What a successful plantiff receives, ammount determined by jury

Defamation

No protection under law

First Ammendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Categorical Balancing

a legal and analytical framework where courts or decision-makers weigh competing interests or values across pre-established categories rather than performing an open-ended, case-by-case (ad hoc) evaluation.

Libel per se vs. libel per quod

The main difference between libel per se and libel per quod is whether the written statement is obviously harmful on its face or requires outside context to show its damaging meaning

Trade libel

Libel against a business; sabotage, faking health concerns, etc. Damaging a business’s reputation with lies