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COMMS 300 > exam 1 > Flashcards

exam 1 Flashcards

(61 cards)

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1
Q

law

A

rules of conduct

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2
Q

ethics

A

obligations as professionals

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3
Q

sources of the law

A

constitutions (US and state)
statutes
administrative law
common law

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4
Q

statutes

A

laws we’re familiar with, black-letter law

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5
Q

administrative law

A

FCC laws

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6
Q

common law

A

courts have the power to create law—rulings set precedent

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7
Q

US constitution

A

8 articles, various amendments

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8
Q

statutory law

A

written by legislative branch (ex: tax code)

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9
Q

stare decisis

A

courts make decisions based on precedent

allows individuals to govern themselves

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10
Q

criminal law

A

responsible to society

victim can’t “press charges”

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11
Q

grand juries

A

decide whether enough evidence exists for someone to be indicted (charged with a crime)
conducted in secret

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12
Q

civil law

A

plaintiff (citizen) files a lawsuit, must demonstrate a cause of actions

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13
Q

criminal burden of proof

A

beyond a reasonable doubt

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14
Q

civil burden of proof

A

preponderance of the evidence, at least 51%

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15
Q

trial courts

A

first entry to the court system

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16
Q

courts of appeals

A

determines if the law was applied correctly in the lower court
13 circuits

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17
Q

US court of appeals

A

doesn’t hear evidence again

3-judge panels

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18
Q

rights in the first amendment

A 
religion
speech
press
petition
peaceably assemble
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19
Q

marketplace of ideas

A

ideas should be freely expressed, the market will decide what is valuable

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20
Q

John Stuart Mill

A

all ideas are equal and valuable

opinions shouldn’t be suppressed because they might be true

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21
Q

prior restraints

A

stopping the dissemination of ideas before they reach the public

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22
Q

when prior restraint is constitutional

A 
preventing:
obstruction of military recruitment
publication of troop locations, numbers, movements in times of war
obscene publications
imminent threat to national security
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23
Q

rational bias (standard of review)

A

reasonable relationship to legit state interest?

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24
Q

intermediate scrutiny

A

law must be substantially related to an important government interest

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25
content-based laws
strict scrutiny, symbolic speech | presumed to be unconstitutional
26
content-neutral laws
time/place/manner laws intermediate scrutiny affect speech, but not on the base of content
27
O'Brien test
not related to the suppression of speech advances an important gov't interest narrowly tailored to achieve that interest with only incidental restriction of free speech
28
traditional public forums
streets, sidewalks, parks
29
designated public forums
public property opened for expressive activity by the public (ex: public theater, school building outside of school hours)
30
non-public forums
gov't-held property, not available for public speech and assembly purposes (ex: military base)
31
clear and present danger
expression can be limited when it presents a clear and present danger to national security
32
The Incitement Test (Brandenburg Test)
KKK rhetoric Incitement to violence or legal action? Was the incitement to violence likely to occur? Was the incitement imminent?
33
Fighting Words Doctrine
No protection on words that are: 1. directed an individual 2. inflict immediate harm 3. trigger immediate violence
34
symbolic speech
legal to burn flags flag-burning is expressive conduct can't just say something is illegal because we don't like it not just what you say, but how you say it is protected
35
to be a true threat
directed toward one or more individuals intent of causing the listener(s) to fear bodily harm or death posts on social media are still undefined
36
When can speech in schools be regulated?
1. it materially disrupts the functioning of the public school 2. violates rights and interests of other students 3. conflicts with pedagogical goals or public values 4. if it occurs in a school forum or event or as a part of curriculum and entangles the school with a religious viewpoint 5. the speech advocates illegal drug use (fear of disturbance isn't enough to regulate speech)
37
defamation
the act of harming another by making a false statement about another person
38
libel per se
doesn't need proven further | accusation of dishonesty
39
libel per quod
context matters | statements may appear harmless alone but are defamatory when put in context
40
libel
``` defamatory content falsity identification of the plaintiff publication fault harm ```
41
defamatory content qualifications
injures reputation statement of fact rather than opinion capable of objective verification
42
falsity
able to be proven false
43
identification of the plaintiff
material is of and concerning the plaintiff | 25 or fewer group members
44
publication qualifications
3rd party hears or sees it republication: still responsible vendors and distributors: not considered republication
45
fault qualifications
strict liability negligence recklessness
46
strict liability
product liability
47
harm qualifications
at least reputational harm
48
NY Times v Sullivan
statements about public figures aren't libelous unless made with "actual malice" defined actual malice
49
actual malice
knowledge that a statement was false, or reckless disregard of whether it was false or not
50
all-purpose public figures
pervasive fame (ex: movie stars, pro athletes)
51
limited-purpose public figures
involved in a specific issue, step into spotlight voluntarily, tries to influence public opinion, greater access to media
52
have to prove actual malice
public figures
53
prove negligence
private figures
54
absolute fair report privilege
statement made as a part of official proceeding, protected (executive, legislative, judicial)
55
conditioned/qualified fair report privilege
fair and accurate reporting
56
fair comment and criticism
claim is brought by individuals "in the public eye" (artists, entertainers, writers)
57
opinion—Ollman Test
verifiability, common/ordinary meaning, journalistic context, social context
58
neutral reportage
republication: wire service defense - reputable news gathering agency - didn't know the story was false - republished without substantial charge
59
libel defenses
retraction statuses | damages capped if speaker retracts the record
60
retraction statuses
not necessarily a defense, but may limit liability
61
false light
protects a person from emotional distress | publishing false facts about someone that would be highly offensive to a reasonable person

COMMS 300 (3 decks)

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