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Comm Law J4000 Test 1
Terms in this set (59)
He leaked the Pentagon Papers
Ellsberg was charged under the Espionage Act but the charges were dropped, why?
Government misconduct - they broke into Ellsburgs office
The Supreme Court identified two inrests in the case of CIA agent Snepp. His Book contained no classified info so interest in protecting secret info didnt apply. What interest DID apply?
Secrecy of information & appearance of confidentially
Navy analyst Morison wanted to work for Jane's. State one of the arguments he made in his defence during his Espionage trial
Government was spying on us citizens
The only way a person can be forced to stand trial in a federal court is if they were indicted by a:
What Presidential administration has used the Espionage Act more than any other?
Chelsea Manning leaked info to Julian Assange. He didn't leak it directly to WikiLeaks, but instead did this:
Ran it through Newspaper
The Gov. may not subpoena a telephone company for a journalists phone records or use it to get a reporters Twitter info because that would violate First Amendment
A bill, "New Voices," for press freedom introduced into the Missouri legislature would apply to students in public schools but would not apply to college students
You think a state actor is violating your constitutional rights. You could bring a suit using a federal law that usually just goes by four numbers, a-
You are set to broadcast a story about unsanitary conditions at a local hospital, but the hospital gets a temporary restraining order against you, and the appeals process in area is slow. How might you get the TRO most quickly lifted so you can air your story?
Appeal to the Supreme Court "Guardian Angel" of your region
Website posts video of school shooting. "It's horrific" said the school principal. Creator of website said "We take pride in uncensored truth." Say parents of the children who were victims want to stop the website from making the video available. In all cases, to get an injunction, the plaintiff must convince a judge that the plaintiff will suffer:
State the name and date of the case that sets the precedent for press injunction:
Near vs Minnesota, 1931
Near vs Minnesota allows prior restraint in what four 'exceptional' cases?
2) Obstruction of military recruitment
3) incitement to violent overthrow of government
4) troop movements
Creators of a website that recruits suicide bombers are charged with incitement. What case applies?
Brandenburg v. Ohio, 1969
What three things must the prosecutor prove to win an incitement case?
Intent, Imminence, Likelyhood
Besides incitement as a theory, sometimes attorneys suing movies, magazines, etc. also argue a second theory - there was a:
Foreseeable risk of harm
The second theory besides incitement in this instance would be:
In what year was the first amendment ratified? Seven years later, President Adams and his followers passed these acts to suppress Jefferson and his followers:
First Amendment: 1791. Act passed: Alien and Sedition acts
A short opinion where the court thinks it unnecessary to spend much time explaining its opinion is called a?
When no position wins a majority vote, the position with the largest majority wins. This is called a?
1) Per Curiam decision
2) Plurality decision
Under "strict liability" if your tiger got loose and killed somebody, this would be the only question:
Is it your product? Defect in design or production?
1) In the Pentagon Papers case, the judges hearing both the NYT and the Washington Post ruled this way on granting a TRO?
2) And they ruled this way on granting a preliminary injunction?
1) Yes 2) No
When the appellate courts were asked whether to grant the government an injunction, the courts split. The Washington Post got the Green Light to resume printing. What did reporter George Wilson reveal to the appellate judge that won the day for the Post?
They legally obtained the information
How long was it from the first publication of the Pentagon Papers case the Supreme Court hearing the case?
Titticut Follies is a documentary film that was under an injunction for over two decades. What did this enjoined film involve?
A Massachusetts asylum for people adjudged to be criminally insane
There is a heavy BLANK against prior restraint
What are the other two differences between a TRO and Permanent injunction? (besides duration)
TRO is one sided and has a bond whereas permanent injunction is a 2 sided trial and has no bond
Court systems of two different types developed side-by-side in England. Name the two
Kings Courts and Chancellors Courts
Sedition comes in these two forms
Seditious Libel and Treason
What are the three sources of Law?
Common Law, Administrative Law, Legislative Law
Federal Law involves one of the following things (name all three)
Statutes by US Congress
Ferguson shooting, students wrote for school newspaper paper, principal said too soon, which case applies?
If students sued, would they win? Explain why case holds.
No, because newspaper is school sponsored and principal/administration has right to regulate what it wants when it comes to school sponsored ideas. They also regulate promotion and style/content
In that school, students wore black armbands to support Michael Brown, what case applies?
What is the test in the Tinker case?
Does it disrupt or disturb & does it collide with other peoples rights
In Pico case, Justice Brennan said school boards have "absolute discretion" in taking books off library shelves?
Students blast Principal on social media , Based on case law, argue whether Principal could suspend students
No, because it wasnt through anything school sponsored and there is no foreseeable risk of harm. Just complaints about teacher, no risk of harm to them.
Students shirts say Legalize Weed. Explain why Bong hits 4 Jesus case says that is relevant to whether the student could be suspended
He could be suspended if it promotes the use of illegal drugs, but not if it is written as a political statement
What did the Thirteenth Amendment outlaw?
What is the name of the big first amendment case in 1919 where the defendant was denouncing the draft as a violation of the thirteenth amendment
Schenck v U.S.
Who wrote the opinion in Schenck v U.S.? What did the Court apply?
2) Clear and Present Danger
Clear and Present danger test diagram
Gravity - Improbability = degree of invasion of free speech
In Abrams v U.S., Russians were sentenced up to 20 years for distributing leaflets. The dissent by the Great Dissenter brought this doctrine or phrase into American law
Marketplace of Ideas
In the Snepp CIA case, the Supreme Court granted the Gov a mandatory injunction against Sneep and also let the Gov get what?
Profits from book
When some news agencies were shut out of press pools in the first war in the Gulf, they sued. The judge said the situation was already over so the case was
The doctrine that precedents should be followed is called
1) The part of a court decision that sets the precedent is called the BLANK
2) All the rest of the case is called
Precedents come in two these forms
Persuasive and Binding
For a court to hear a case, it must have these two types of jurisdiction:
Jurisdiction over The Person and over Subject Matter
The supreme court has original Jurisdiction in cases involving these two things:
If the party is a State or an Ambassador
In the Sandra Hyde case (Columbia) the appellate court, ruling for Hyde, said that the Columbia Daily Tribune should not have done what?
Given out her personal information like address
The Fourteenth Amendment says you may not be deprived of?
Life, Liberty, or Property, without Due Process of the Law
In a product liability suit, the lawyers argue that the product is defective in both of these ways:
Design and Production
What have courts said when plaintiffs have tried to use product liability theory to sue the makers of movies?
Ideas are not products
The Supreme Court rejected Blackstone's model of freedom of expression. What model did the Supreme Court adopt?
Some limits, Legal damages
The Supreme Court struck down Florida's right to reply statute in Miami Herald v. Tornillo, ruling the statute interfered with the editor's right to choose content
Federal Judges use "certification" to find out what?
How State judges would rule on a matter of state law
A court has issued injunctions against some of the leading scientific journals so they legally cannot print information that could lead to the development of biological weapons
In the H-Bomb case, the judge used what analogy to enjoin publication of H-Bomb information?
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