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Mass media law & ethics
shsu. prof Toula
Terms in this set (20)
Administrative Procedures Act
Agencies cannot change regulations without providing notice and opportunities for feedback
Doctrine of Precedent
Courts in the same jurisdiction must approach similar cases in similar ways
broad body of court cases from the 200 years of American law
Chaplinsky v. New Hampshire
(1942) The Court ruled that the first amendment did not protect "fighting words"
FCC v. Pacifica Foundation (1978)
"The government has the right to prohibit the broadcasting of patently offensive language."
-George Carlin's list of offensive words on the radio sparked
Gitlow v. New York
established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment
-state governments would be limited the same as federal when it comes to freedom of speech
Doctrine of Incorporation
In constitutional law, the application of the Fourteenth Amendment's due process protections to incorporate the provisions of the Bill of Rights and make them applicable to the states.
applies to any government action that may infringe expression
nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.
A hybrid form of expression in which conduct, such as burning a flag, is performed in a manner intended to convey a particular message. Also called symbolic speech.
Near v. Minnesota (1931)
Held that the guarantee of a free press does not allow a prior restraint on publication, except in extreme cases, such as during wartime
any law, rule, or system that is designed to prevent speech before it happens
West Virginia v. Barnette
Students cannot be forced to say the pledge of allegiance.
Cohen v. California
1st amendment denies government the power to prohibit speech just because it is "offensive"
F*ck the Draft jacket case
Company controlled printing of religious and secular writing through prior review system
Judges make their decisions based on the facts presented by the parties who are involved in the lawsuit or court trial being decided by the judges. The summary of facts that judges consider when making their decisions is sometimes called the fact pattern in the case.
Case name(s), ratio(nes), similarities/differences, precedent value.
outlawed distribution of "obscene" material through the mail, including medical texts and information on birth control and STIs.
why free speech and press?
-check on government power
-a promotion of stable change
Safety Valve Theory
As the pop. Of US begins to increase there has always been a way to release pop. Pressure: West has always acted as a safety valve; by 1890 valve was gone... no more frontier
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