Chapter 5

Question 1

Censorship

Answer 1

Government reviewed material before publication

Question 2

Prior restraint

Answer 2

Government censorship before publication

Question 3

What are some examples of prior restraint?

Answer 3

1. Judges prohibiting newspapers from publishing photos.
2. Government restricting journalists from covering military activities
3. Gag orders on attorneys in high-profile cases

Question 4

What is NOT prior restraint?

Answer 4

1. Employer dress codes.
2. Sports league penalties for public statements.
3. Protests against corporate representatives.

Question 5

Licensing printers

Answer 5

Only approved presses could print material

Question 6

Taxation

Answer 6

Used to oppress unwanted media (stamp act of 1711)

Question 7

Contempt of court

Answer 7

Legal penalties for defying court orders

Question 8

Civil contempt

Answer 8

Failure to obey court orders (ex. Refusing to disclose sources.)

Question 9

Criminal contempt

Answer 9

Punishment for disrupting court proceedings

Question 10

• Near v. Minnesota (1931)

Answer 10

• Struck down state laws, allowing censorship of malicious newspapers
• established that prior restraint is almost always unconstitutional

Question 11

• New York Times V. United States (1971)

Answer 11

The Pentagon Papers case: government failed to prove the publishing classified documents would harm national security
- reinforce the heavy burden standard for justifying prior restraint

Question 12

United States v. Progressive (1979)

Answer 12

• Court initially blocked publication of hydrogen bomb design article
• case was dropped when similar information was published elsewhere

Question 13

Nebraska press Assn. v. Stuart (1976)

Answer 13

• struck down gag order on the press in a high-profile murder case
• established three-part test for valid restraining orders

Question 14

Schenck v. United States (1919)

Answer 14

Upheld restrictions on speech during wartime

Question 15

Brandenburg V. Ohio (1969)

Answer 15

Established that speech advocating illegal acts is protected unless it incites imminent lawless action

Question 16

Tinker v. De Moines (1969)

Answer 16

Upheld student students rights to wear black arm bands in protest

Question 17

Texas v. Johnson (1989)

Answer 17

Flag burning ruled as protected speech

Question 18

Cohen v. California (1971)

Answer 18

Political slogans on clothing protected under the first amendment

Question 19

Hazelwood v. Kuhlmeier (1988)

Answer 19

Schools can regulate student newspapers

Question 20

Morse v. Fredrick (2007)

Answer 20

Schools can restrict speech promoting illegal drug use

Question 21

Snyder v. Phelps (2011)

Answer 21

Allowed protests at military funerals, despite emotional distress claims

Question 22

Brown v. Entertainment Merchants (2011)

Answer 22

Struck down California law banning sale of violent video games to minor

Question 23

Pentagon papers

Answer 23

Secret Vietnam war documents leaked to the press

Question 24

Symbolic speech

Answer 24

Nonverbal expression protected by the first amendment

Question 25

Imminent lawless action

Answer 25

Standard for restricting speech that incites violence

Question 26

What is the difference between prior restraint and punishment after publication?

Answer 26

prior restraint prevents speech before it happens, while punishment after publication deals with consequences after the fact.

Question 27

When would prior restraint be constitutional?

Answer 27

Ex. National security threats.

Question 28

Copyright Attached at this time

Answer 28

The moment something is copyrighted

Question 29

Dean v. Utica Community

Answer 29

the court ruled that a school district violated a student's First Amendment rights by censoring her article in the school newspaper, which was critical of the district. The decision affirmed that students have free speech rights, even in school settings, as long as it does not disrupt the educational environment.

Question 30

What are the 4 Theories of the Press?

Answer 30

1. Liberation 2. Social Responsibility 3. Authoritarian 4. Soviet/Communist

Question 31

False Light

Answer 31

a legal claim where someone is portrayed in a misleading or false manner that could damage their reputation, even if the information isn't defamatory

Question 32

Name 4 things Copyright provides the holder to _____

Answer 32

1. Reproduce the work. 2. Distribute copies of the work. 3. Perform the work publicly. 4. Create derivative works based on the original work.

Question 33

Prior Review

Answer 33

Intrusion

Question 34

What are the 5 Elements of Libel?

Answer 34

1. Publication 2. Identification 3. Defamation 4. Falsity 5. Fault

Question 35

Copyright protects _____

Answer 35

Original Works

Question 36

What are the 4 defenses against Libel?

Answer 36

1. Truth: If the statement is true 2. Privilege: Certain statements made in specific contexts 3. Fair Comment and Criticism: Opinion-based statements on matters of public interest are protected, as long as they are not made with malice. 4. Consent: If the person who is allegedly defamed consents to the publication of the statement.