Media law and ethics exam 1

The U.S. Court System

KNOW:

• Three Branches of Government:

  1. Legislative Branch (Makes laws)

  2. Executive Branch (Enforces laws)

  3. Judicial Branch (Interprets laws)

• Powers granted by the Constitution:

  • Legislative: Power to make laws, regulate commerce, declare war.

  • Executive: Power to enforce laws, command the military, negotiate treaties.

  • Judicial: Power to interpret laws, review cases, ensure justice.

• Freedoms in the First Amendment:

  • Freedom of speech, press, assembly, religion, and petition.

• Federal vs. State Court Systems:

  • Federal Court System: Deals with federal laws, interstate cases, and constitutional issues.

  • State Court System: Deals with state laws, local cases, and minor criminal cases.

• How the Court System Works:

  • Lower Courts: Cases begin here. Can be state or federal.

  • Appeals Courts: Review cases appealed from lower courts.

  • Supreme Court: Highest court, reviews significant cases or constitutional issues.

• How a Case Reaches the Supreme Court:

  • The Court selects cases of significant constitutional or national importance. A writ of certiorari is filed.

History of Free Speech (Chapter 2)

KNOW:

• Speech Control in Colonial America: Colonies had strict censorship on speech, especially criticizing the British crown.

• Groups Affected by Limits on Free Speech: Minority groups, political activists, and journalists.

UNDERSTAND:

• Alien and Sedition Acts (1798): Restricted speech criticizing the government. Targeted immigrants and opposition press.

Time, Place, and Manner Restrictions (Chapter 11)

KNOW:

• Three-Part Test for TPM Restrictions:

  1. The restriction must be content-neutral.

  2. The restriction must be narrowly tailored to serve a government interest.

  3. There must be ample alternative channels for communication.

• Types of Public Forums:

  1. Traditional Public Forum (e.g., parks, streets)

  2. Designated Public Forum (e.g., university spaces)

  3. Nonpublic Forum (e.g., government offices)

• Types of Private Property:

  1. Private property: Land owned by individuals or organizations, restrictions may apply.

  2. Government Property: Public use subject to limitations based on the forum type.

UNDERSTAND:

• Case Law Establishing TPM Test: Davis v. Massachusetts, Hague v. CIO, Schneider v. State, etc.

• Differences in Speech Regulation Across Forums: Restrictions vary based on the type of forum and its purpose.

APPLY:

• Applying TPM Test: Assess whether the law is content-neutral, narrowly tailored, and provides alternatives.

• Public Forum Speech Regulation: Apply TPM test to decide if speech should be allowed.

Political Speech/Incitement (Chapter 3)

KNOW:

• Espionage Act (1917, 1918): Criminalized acts of espionage and interference with military operations.

• Smith Act (1940): Criminalized advocating the violent overthrow of the government.

UNDERSTAND:

• Evolution of Political Speech Test:

  1. Bad Tendency Test: Speech could be restricted if it had a tendency to cause illegal activities.

  2. Clear and Present Danger: Speech could be restricted if it presented a clear and present danger to national security.

  3. Incitement to Imminent Lawless Action: Speech is only restricted if it incites immediate illegal acts.

• Case Law: Schenck v. United States, Abrams v. United States, Brandenburg v. Ohio.

APPLY:

• Brandenburg Rule: Speech that incites imminent lawless action can be prohibited.

• Distinguishing Test Criteria: Recognize when speech is protected or prohibited based on historical legal tests.

Defamation (Chapter 4)

KNOW:

• Types of Defamation:

  • Libel: Written defamation.

  • Slander: Spoken defamation.

• What is a Tort? A civil wrong (not a criminal act) leading to legal liability.

• Libel Per Se vs. Libel Per Quod:

  • Libel Per Se: Defamatory on its face.

  • Libel Per Quod: Requires additional context to be defamatory.

UNDERSTAND:

• Four Elements in a Libel Case:

  1. False statement

  2. Harm to reputation

  3. Publication of the statement

  4. Fault (negligence or actual malice)

• Defenses Against Libel Claims: Truth, privilege, opinion, fair comment.

• Public Officials/Figures vs. Private Individuals: Public figures must prove actual malice.

• Key Defamation Cases:

  • New York Times v. Sullivan: Established "actual malice" standard for public figures.

  • Gertz v. Welch: Established different standards for private individuals.

APPLY:

• When to Apply Actual Malice vs. Negligence: Actual malice applies to public officials/figures; negligence applies to private individuals.

Privacy (Chapter 5)

KNOW:

• Four Primary Privacy Torts:

  1. Intrusion of solitude

  2. Public disclosure of private facts

  3. False light

  4. Appropriation of name/likeness

UNDERSTAND:

• How to Prove a Privacy Tort: A plaintiff must show harm and prove elements of the specific tort.

• Defenses in Privacy Cases: Newsworthiness, consent, public domain.

• False Light vs. Defamation: False light creates a misleading impression, not necessarily harmful to reputation.

• Intentional Infliction of Emotional Distress: Plaintiffs may sue if outrageous conduct causes severe emotional harm.

• Key Cases:

  • Hustler v. Falwell: Emotional distress claims.

  • Snyder v. Phelps: Free speech vs. emotional distress.

APPLY:

• Identifying Relevant Tort in a Case: Determine which privacy tort applies based on the situation.

• Applying Privacy Standards: Decide if newsworthiness or actual malice is a valid defense.