Media Law Test No. 1
Terms in this set (50)
a court's authority to prosecute/hear a case
Federal vs. State courts
Federal: law constitutionality, disputes between states, bankruptcy.
State: criminal contract, injury, divorce, etc.
where nearly all cases BEGIN. apply existing law to specific facts.
Two levels of appellate (appeal) courts
1. intermediate courts of appeal OR 2. the supreme court
writ of certiorari
petition for review by supreme court
all courts can examine government actions to determine whether they conform to US & State constitutions
establish nature, functions and limitations of the government.
WRITTEN law formally enacted by city, country, state and federal legislative bodies.
Six sources of law
constitutions, statutes, equity law, common law, administrative law, executive orders
EXECUTE LAWS. President/Cabinet/Admin. Agency
PASS LAWS. Senate/H.O.R.
DISPUTES. three levels of courts
Six sources of law
constitutions, statutes, equity law, common law, administrative law, exec. orders.
Fact vs. law
FACT: evidence, what's happened?
LAW: what we can/can't do
enacted by legislative bodies (i.e.: battery, rape, etc.)
Common law (aka case law)
privacy, social media, HB2 etc.
restraining order, STOP.
Black letter law
read it verbatim, as is.
IF I CAN TOUCH YOU, I CAN SUE YOU IN THAT STATE.
choosing the state with the biggest payout. ILLEGAL.
Federal jurisdiction over subjects
broadcast, cable, copyright.
Federal/State jurisdiction over subjects
trademark, corp. speech, advertising, obscenity.
State jurisdiction over subjects
privacy, defamation, zoning, negligence.
state trial > state appeals > state supreme > us supreme (unlikely)
intent of the framers
meaning of the law
religion, speech, press, assemble, petition.
Freedom of speech
CONDUCT: write an opinion
EXPRESSION: throw a rock (burn a flag)
Imminent lawless action
something lawless WILL happen
a government action. there has to be a trigger (state or govt action).
Gitlow vs. NY (1925)
doctrine of incorporation
Texas vs. Johnson (1989)
Near vs. Minn (1931)
prior restraint vs. press. PRIOR RESTRAINT IS THE EXCEPTION, NOT THE RULE.
Press is more likely to be able to publish than not.
Reasons for free speech
discovery of truth (marketplace of ideas), participate in democracy, check on government, social stability.
absolutists (no law) - marketplace of ideas - preferred position backing (neutral) - adhoc balancing (case by case) - media access (gov't control)
Time, place and manner
content neutral, must not completely ban (OFFER ALT's), substantial state interest, narrowly tailored.
traditional (i.e. sidewalks), limited purpose (interstate), non-traditional (military bases), private (privately owned)
LEVELS OF SCRUTINY
MINIMUM: rationally related, legit gov't interest, not over broad. (we don't care if government regulates).
INTERMEDIATE: narrowly tailored, substantial gov't interest. (i.e. time place manner restrictions)
STRICT: narrowly tailored, compelling gov't interest, (i.e. burning draft card)
prohibit publication before it's distributed. (government approval)
something we HAVE not something we DO
Rules vs. principles
RULES: prescribed to us by auth. figures. (OTHERS)
PRINCIPLES: personal/thoughtful consideration. (US)
the golden mean. balance.
What's right for one is right for all.
greatest happiness for greatest # of people. majority rules. (IE Robinhood)
Informative role of media
to INFORM public about important issues. (i.e. news journalists debate)
Deliberative role of media
facilitate debate about important issues. GIVES BOTH SIDES MERIT. (i.e. community leaders)
Agenda setting role of media
make us think about an issue but not HOW to think. call public attention to an issue. (i.e. what is above the fold).
Watchdog role of media
helps hold public officials accountable for exposing conflicts of interest, corruption, etc.
advisory, mandatory. they aren't legally forceable but have consequences.