Exam 1 Flashcards
(33 cards)
5 Sources of Law
Constitutional Law Common Law (judicial decisions) Equity Law (fairness and small claims ) Administrative Law (gov agencies) Statutory Law (Legislative Law) Executive Order (sort of)
How many supreme court cases are heard each year?
Roughly 100
What is a Petition of Certiorari
A request for the SCOTUS to hear a case
What are fighting words?
Words likely to result in immediate violence.
What is Star Chamber
abolished in 1641, judicial arm of King’s Counsel. Followed by Licensing Acts which allowed extreme punishment for “obnoxious works”
Alien and Sedition Acts
1798, Outlawed any speech or publication that was “false, scandalous, and malicious” against the president, Congress, or U.S. government. 25 arrests and 15 prosecutions. Expired in 1801 and Jefferson pardoned everyone.
Significance of John Peter Zenger
Jailed for criticizing British governor William Cosby. Alexander Hamilton represented him and jury choose to ignore British Sedition laws in the colonies. (1734)
Alien and Sedition Acts
1798, Outlawed any speech or publication that was “false, scandalous, and malicious” against the president, Congress, or U.S. government. 25 arrests and 15 prosecutions. Expired in 1801 and Jefferson pardoned everyone. US v. Cooper
Sedition Act (1900s)
1918, Banning “any disloyal, profane, scurrilous or abusive language about the form of the government of the United States or the Constitution.
When can congress limit the first amendment?
Congress has the right to prevent “substantial evils” where there is a “clear and present danger”
Scnenck v. U.S. – draft denounced
Congress has the right to prevent “substantial evils” where there is a “clear and present danger”
Smith Act
1940
Prohibited several types of speech calling for the violent overthrow of the government. Mostly enforced in WW2 and the Cold War.
House Un-american Commitee HUAC
What is the Skokie Case
American Nazi Party parade denied (Skokie mostly Jewish).
• Town required nazi’s to obtain liability insurance, they refused.
• Nazi’s wound up canceling their march – fear of counterdemonstrations.
• Note – censorship emboldens, but more speech may mitigate harm.
Brandenburg v. Ohio
KKK rally leader could not be charged with fighting words or “illegal call to action” because it did not present a clear and present danger.
Established the cornerstone for the limits of free speech.
Prior Restraint
Rarely, government can forbid a party from publishing specific material.
Radio Act of 1927
Established the Federal Radio Commission.
Assigned Frequencies
Power to deny radio frequencies if no room on the spectrum
Communications Act of 1934
FRC is now FCC
Title 47 United States Code in Federal Register
Establishes principals and rules for the FCC
FCC Principals
Radio Airwaves are Public
Gov must regulated basic only so much airwaves exist (scarce resource)
NO Censorship
No State or local regulation
FCC Principals
Radio Airwaves are Public Gov must regulated basic only so much airwaves exist (scarce resource) NO Censorship No State or local regulation Fines
Qualifications for broadcast
US citizen based, less than 25% foreign ownership
Enough Capital to operate for 3 months
Meet technical requirements
Be of good character
Prove you do not discriminate in hiring practices
Qualifications for broadcast
US citizen based, less than 25% foreign ownership
Enough Capital to operate for 3 months
Meet technical requirements
Be of good character
Prove you do not discriminate in hiring practices
Section 315
Equal Time Rule: must provide any legally qualified candidate running for office to use station, as equal opportunities to their opponents.
Cannot censor political adds.
Exceptions to Section 315
Bona Fide (genuine) newscast, bona fide news interview, bona fide news documentary (if appearance is incidental), and on the spot coverage of bona fide news event.
315 only applies to broadcasters and local outlets. Does not apply to national cable outlets (private service)
Zapple Rule
Equal time rule for spoke persons of political campaigns. No longer enforced by FCC.
