Midterm Study Guide Spring 2025 (1)

Midterm Study Guide Spring 2025

The Rule of Law

• Five Sources of Law

  • Constitutions: Foundation of the U.S. legal system; each state has its own.

  • Statutes: Laws enacted by the legislative branch and signed by the executive, aimed at preventing social problems.

  • Common Law: Judge-made laws that follow established precedents.

  • Executive Orders: Issued by the president to enforce laws during emergencies; not frequently made.

  • Administrative Agencies: Create regulations that govern specific sectors; these do not typically involve courts.

Judicial Review

• Courts evaluate the constitutionality of laws passed by Congress; established in Marbury v. Madison.

Supreme Court

• The highest court in the U.S.; serves as an appellate court with nine justices, hearing approximately 100 cases annually.

Precedents

• Earlier court rulings that judges refer to when making decisions in current cases.

Federal and State Court Hierarchies

• Federal Courts:

  • U.S. District Courts

  • U.S. Circuit Courts of Appeals

  • Supreme Court of the United States

• State Courts:

  • County Municipal (traffic/minor cases)

  • Special Courts (divorce, juvenile, family, housing)

  • Superior Court (serious cases)

  • Court of Appeals

  • State Supreme Court

Vague and Overbroad Laws

• Vague Laws: Fail to provide fair notice about what is prohibited; may be unconstitutional and unenforceable.

• Overbroad Laws: Regulate more than intended, possibly infringing on protected rights.

First Amendment and Speech Distinctions

• First Amendment: Protects Freedom of Speech, Religion, Press, Assembly, Petition; grounded in individual freedom and democratic principles.

• Fourteenth Amendment: Ensures equality and due process for all citizens born or naturalized in the U.S.

Key Legal Concepts on Limitations of Speech

• Prior Restraint: Government prohibition on publication before dissemination.

• Clear and Present Danger: Justifies limits on rights like free speech when there's a serious threat to public safety.

• Espionage Act: Federal law prohibiting sharing harmful information that might benefit foreign nations.

• Student Speech: Protected but not absolute; can be restricted under certain circumstances.

• Forum Analysis: Determines if speech restrictions on government property violate the First Amendment, classifying spaces as public or nonpublic.

• Speech Limitations: Warnings of war often lead to more stringent restrictions on free expression based on potential harm.

Case Studies in Free Speech

Near v. Minnesota

• Background: Jay Near and Howard Guilford published allegations against officials in the Saturday Press. The state sought an injunction alleging it violated public nuisance laws.

• Ruling: The Minnesota law restricting prior restraint was found unconstitutional, reinforcing protection for free press.

Schenck v. United States

• Background: Schenck and Baer distributed leaflets against the draft.

• Ruling: Established the "clear and present danger" standard, limiting free speech when it poses immediate threats to society.

Hazelwood v. Kuhlmeier

• Background: School principal withheld articles from a student newspaper for being inappropriate.

• Ruling: The deletion did not violate students' First Amendment rights; schools can set standards for student speech.

Electronic Media Regulation

• Definition: Regulation of telecommunications and media to ensure fair competition and protect consumers. Includes oversight of broadcasting and internet services.

Important Acts

• Radio Act of 1927: Established the Federal Radio Commission to allocate frequencies, mandating operation in "public interest."

• Communications Act of 1934: Created the FCC, regulating radio and television; licenses granted under similar public interest requirements.

• Telecommunications Act of 1996: Reduced restrictions on media ownership to promote competition among providers.

FCC and Spectrum Scarcity

• Section 315: Governs political broadcasting, ensuring equal opportunities for candidates on broadcasters' platforms.

• Spectrum Scarcity: Justifies government regulation, as the radio spectrum cannot accommodate unlimited users.

Cable Television Regulation

• Lesser regulations than broadcasting, but still managed for competition and consumer fairness.

Newsgathering and Reporter’s Privilege

General Principles

• Taking Photographs: Anyone can take pictures in public spaces; this includes capturing private property visible from public areas.

Freedom of Information Act (FOIA)

• Mandates government agencies to make operational documents available to the public with certain exemptions.

• Exemptions: Include national security, internal rules, trade secrets, and personal privacy violations.

Government in the Sunshine Act

• Requires that federal agencies hold open meetings accessible to the public.

Reporter’s Privilege**

• Concept allowing journalists to withhold information from court under certain conditions, though limited by the Branzburg v. Hayes ruling (1972) which ruled that reporters can be compelled to testify before a grand jury.

Rights of Photographers

• Photographers retain rights to take photographs in public, balancing free expression and privacy laws.