Midterm Study Guide Spring 2025 (1)

Midterm Study Guide Spring 2025

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.

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

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

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

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 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: 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.

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.

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.

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.

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.

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

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.

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.

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

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

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.

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.

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