53 terms

Comm Law

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Freedoms of 1st Amendment
Grievance
Religion "from and of"
Assembly
Speech
Press
State Action
Is government involvement in the abridgement of one's 1st amendment rights
Incorporation
Process by which American Courts have applied portions of the US Bill of Rights to the states

Process in which the Court incorporates parts of the Bill of Rights in order to reach down to the state and local level
1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Bill of Rights
1791-First 10 amendments
Freedom of Conscience
Government cannot tell you what or how to think
Corporate Speech
First National Bank of Boston vs. Belotti 1978

Unlimited first amendment freedom for non-media corporations to suppor

Gov can regulate corporate speech if there is a need to preserve the integrity of the electoral process
Va State Board of Pharmacy
overturned Valentine v. Chrestensen

First amendment protects commercial speech except for

False Ads/Illegal Products and services

Content neutral regulation of ads allowed
Valentine v Chrestensen
Purely Commercial Speech is not protected

Advertising
Marbury v Madison
1803

Judicial Review, gives supreme court the final say
Statutory law
Written law set down by a legislature

Subordinate to the higher constitutional laws of the land

Laws congress makes
Variations by technology
Most protected- Internet/print

Then TV

Lowest- Over the air broadcasting
Establishment Clause
Gov cannot establish a religion/force anyone to practice
3 Principles of the first amendment
1.) Protection is NOT absolute
-Some speech can be punished

2.) Not a shield against laws of general applicability

3.) Freedom of the press is a fundamental personal right
Substantive Due Process
Principle which allows federal courts to protect certain fundamental rights from government interference

"Expanding the word liberty to give more rights"
Due Process
The legal requirement that the state must respect all of the legal rights that are owed to a person
`4 Major types of law
Common Law- Case law

Constitutional- Body of Law defines the relationship of different entities within

Statutory- "Written law" copyright, advertising etc.

Administrative- Law made by regulatory agencies, public law, decision
Judicial Activism
Uses judicial review to strike down laws as unconstitutional
Judicial Restraint
When judges have the power to review an executive or legislative act
Barron vs Baltimore
1833 (Due Process Clause reaffirms)
Pierce V Society of Sisters, Gitlow v New York, Judiciary Act of 1925
Court Established a precedent on whether the US Bill of Rights could be applied to state governments says it can't
Aliens and Sedition Act
Act of Congress: 2 parts
-seditious libel: criticizing the government

Government made a law they can't be criticized
Slaughter-House Cases
14th Amendment Case 1873

Shuts down privileges or immunities clause
Stare Decisis
Stand by the decision
Due process clause of the 14th amendment
Acts as a safeguard from arbitrary denial of life, liberty or property by the government outside the sanction of law

Protection of Life,liberty and property
3 Sedition Acts
Tried to outlaw the gov

1798- Aliens
1861- Journalists in jail
1917-1918- Espionage Act
Prior Restraints
Taxes
Licenses
Injunctions and court orders
Subsequent Punishment
The Punishment of the press for publishing new articles dealing with judicial proceeding

ex. libel
Areopagitica
John Milton

Market place of ideas..licenses
Incitement
Provoking unlawful behavior
Pentagon Papers Case
1971

Rules Established:

Court Assumes from the start that prior restraint is unconstitutional

Government bears burden of proof

In National Security cases, government needs to prove "direct, immediate or irreparable harm"
Brown v. Education Board
1954

Ends School segregation

-Overturned Plessy v Ferguson
-End of Jim Crow Era
-Began the Civil Rights Era
Certiorari
What a person submits to the supreme court to view their case
Dred Scott v. sanford
1857
US Supreme Court

*Landmark Decision

Ruled: Blacks whether slave or free could not be citizens
Reconstruction amendments
1868
US Supreme Court

13th-15th amendments
Judiciary Act
1925
US Supreme Court

-Certiorari
-Birth of Modern Supreme court
3 exceptions to the near rule
Publications that...

1. Are obscene
2. Will Incite violence and/or the violent overthrow of government
3. Threaten National security in war time
Near Rule
Prior restraints on the press are almost always unconstitutional
4 levels of scrutiny
Speech
Speaker
Forum
Medium
Gag orders
A trial judges order prohibiting participants in a case from talking to the media
Santa Clara Case
1886

"A corporation is a person."

*Corporation Personhood
Plessy V Ferguson
1896
14th Amendment

Seperate but equal

end of reconstruction
start of Jim Crow Era
Civil Rights Act
1875- Discrimination in public accomodations

1883- State action doctrine- Only government can violate your 1st amendment rights
Patterson v. Colorado
1907 First Amendment

1st press clause case
Mutual Film Case
1915
1st amendment

Film is not speech, "Birth of a nation
Gitlow v NY
1925
1st amendment

Start of incorporation
Abrams
1919
1st amendment

Holmes famous dissent

Marketplace of ideas
-truth will emerge out of competition of ideas in free, transparent public discourse
Pierce v Society of Sisters
1925
14th amendment

Birth of substantive due process
-court uses the 14th amendment to help people
-Birth of the modern 14th amendment
Near v Minnesota
1931
1st amendment

Very limited prior restraint
3 Part Strict Scrutiny Test
1. Did the government have a compelling reason to make this regulation
2. Does the regulation actually advance that goal
3. Is the regulation narrowly tailored as to not take away too much speech
3 Milestones of the 1930's
1. Near v. Minnesota- censorship of newspapers and magazines (prior restraints- Near Rule)
2. Grosjean- tax as a prior restraint
3. Lovell- freedom of the press is a fundamental personal right, NOT an institutional one
Chandler v. Florida
US Supreme Court says states can contribute to experiment with cameras in courtrooms (state level, not fed)
Richmond Newspapers v. Virginia
US Supreme Court declares the public and the media have 1st Amendment right access to criminal trials

*all criminal cases are open to the papers
Nebraska Press v. Stuart
Ruled that for a judge to justify a gag order, there mist be clear and present danger that the defendant will be deprived of a fair trial