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| Law enacted by legislative bodies, including Congress and the state legislatures, as opposed to common law |
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| Law concerning the basic organization and powers of government and the individual liberties enumerated in constitutions |
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| The laws passed by legislative bodies |
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| Laws adopted by cities, counties, and other units of local government |
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| Legal rules and principles that originate solely from judicial decisions, as distinguished from laws enacted by legislatures |
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| A previously decided case that guides judges in future cases presenting the same issue of law |
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| A tort consisting of a highly offensive invasion of a person's physical seclusion or private affairs. One of the legally recognized forms of invasion of privacy. |
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| A relaxed judicial test, applied to restrictions on certain kinds of speech to determine if the restrictions are constitutional. The test applied to content-neutral time/place/manner restrictions, for example. |
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| Authority of government and its courts to make and enforce laws and to decide cases. Limited by territorial and subject matter boundries. |
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| Subject Matter Jurisdiction |
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| A court system's power to consider a particular kind of case or type of law. |
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| The state and federal statutes that define criminal offenses and punishment. Brought to trial, or prosecuted, by government lawyers. |
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| A legally enforceable agreement made either orally or in writing. |
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| Legally responsible; obligated to pay compensation. |
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| A false communication that wrongfully injures the reputation of another. In many jurisdictions, it refers to only defamation that occurs in writing; oral defamation is called slander. |
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| A government restraint on expression that is imposed prior to publication or other disseminaton to the public, as distnguished from sanctions imposed following publication. |
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| Communication intended to encourage or incite overthrow of government; historically, a serious crime. |
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Those fundamental rights and rules of conduct that some believe are universally inherent in the nature of being human; law prompted by a rational understanding of the true nature and capacity of human beings and not by the conventions or systems peculiar to any one person. |
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| The sale of rights to use a copyrighted work or other form of creative property. |
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Communication that unjustly harms the reputation of another person. Includes the torts of libel and slander. |
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| Hard-core, sexually explicit material that lacks First Amendment protection. Defined by the U.S. Supreme Court in Miller v. California, 1973. |
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| A court order that a defendant act, or refrain from acting, in a particular manner. |
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| Content-Neutral Restriction |
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| Government action that restrains expression in a particular place or medium but that is not based on the content of the message. |
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| In constitutional law, the strictest level of judicial review for statutes and other actions of government. Government action that impedes freedom of speech can be valid only if the action is found to serve a compelling public interest. |
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| Information about an individual that is not available to the public and is of a nature that people generally keep confidential. |
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| A tenent of constitutional law stating that any prohibition aimed at unprotected expression shall be invalid if it would also tend to suppress untargeted, protected speech. |
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| In a civil case, the person or business being sued. In a criminal case, the person being prosecuted. |
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| The party who initiates a civil lawsuit, seeking some form of relief or compensation for an injury to rights. |
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| Void-for-Vagueness Doctrine |
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| A principle of constitutional law stating that any statute aimed at legitimately restricting speech shall nevertheless be invalid if its terms are so vague that untargeted, protected speech may also be suppressed. |
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| A law passed by Congress in 1798 making it a crime to publish false and malicious comments intended to stir up contempt for government officials. |
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| A WWI-era federal act that made it a crime to willfully attempt to cause disloyalty in the military or to hamper military recruiting, among other things. |
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| A standard adopted by the U.S. Supreme Court to determine when government may forbid speech encouraging violence or civil unrest. |
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| Failure to exercise due care; lack of care that a responsible person would have exercised under the circumstances. A fault standard used in tort law. |
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| The formal accusation issued by a grand jury against a person charged with a crime. |
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| Defamation communicated orally rather than in writing. |
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| A common law defense to libel; a priviledge to make statements of honest opinion on matters of public interest. |
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Publishing with knowledge of falsity or with reckless disregard for the truth. The consitutional standard of fault that a public figure plaintiff must prove to win a libel case against the media. |
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| A rare circumstance in the law when a defendant may be held responsible for certain kinds of injurious conduct without a determination that the defendant was actually negligent or exhibited any other degree of fault. |
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| Limited-Purpose Public Figure |
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| A person who has assumed the public spotlight with respect to one particular issue and who, as a defamation plaintiff, must show actual malice by the defendant only if the alleged libel is related to that issue. |
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| A monetary sum awarded to a plaintiff, over and above the amount needed to compensate for property loss or injury. Also called exemplary damages, are awarded to punish a defendant for malicious conduct. |
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| Language found in the Fifth Amendment of the U.S. Constitution, pertaining to the federal government and also in the Fourteenth Amendment pertaining to the state government. Under the concept of due process, a person is guaranteed fair governmental procedures. |
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| All-Purpose Public Figure |
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| A person who has achieved widespread notoriety and who, as a defamation plaintiff, will always have to show actual malice by the defendant. |
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| A libel defense recognized in some jurisdictions; allows a reporter to publish allegations made by one newsworthy person about another, even if the reporter suspects the allegations are untrue. |
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| The commercial use of a person's name or likeness without consent. One of the commonly recognized forms of invasions of privacy. |
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| A tortious representation of an individual in a false and highly offensive manner before the public. Recognized in many states as an invasion of privacy. |
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Facts -AL officer sued NY times for an ad purchased by civil rights activists-the ad contained serveral false statements Importance: -USSC said public officials can sue and recover money but have to prove actual malice or reckless disregard -established NY Times Standard |
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| Curtis Publishing Co. v. Butts |
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| Facts:-Saturday Evening Post reported that a football coach and Butts at the University of GA were talking on the phone and overheard on a phone booth phone -He said Butts was revealing secrets of the game to fix it-the Post relied on the unsupported testimoney of a check forger...good Lord how stupid Importance: -USSC said they will examine the crediblity of sources, believability of allegations and the effort made to investigate the statements in question-The media had plenty of time to verify facts of this story but didn't |
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| Walker v. Associated Press |
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Facts -Lady said that Walker encouraged violence and led a charge against federal marshals during a riot at University Importance: -Ruled for the AP-Statements seemed to have honest opinion and gathered information appropiately |
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| Hustler Magaine v. Falwell |
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Facts:
-An ad parady in Hustler made Falwell look like an incestuous drunkard
-It had a disclaimer in a small print at the bottom
-sued on defamation, privacy, and potential stress
Importance:
-Claimed it was an intentional infliction of emotional distress without the other things, and that you can’t be sued for that |
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Facts -lawyer Gertz was libeled by an American Opinion article. The mag said that Gertzhad engineered a "frame-up" of policement convicted for shooting a kid -What degree of fault? How well was he known? Importance: -USSC defined a public figure as one who thrusts oneself into the public arena involuntarily or assumes a role voluntarily in which publication is expected or assumed-States can establish a level of proove for a private person |
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Facts -Gitlow was convicted with Anarchy Statute for Left Winged Manifesto Importance: - Extends first amendments right to apply to every citizen via the 14 amendments (protected by "due process clause") |
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| Chaplinksky v. New Hampshire |
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Facts -Chaplinsky called the sherrif a goddamn racketeer after arresting him on a public sidewalk protesting organized religion Importance: -Established two-teired approach by having protected and non-protected speech (such as obscenity and "fighting words") |
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Facts -Brandenburg was a KKK leader who was fighting against the suppression of white rights and convicted under cyndicalism statute Importance: -Ruled for Brandenburg and established Brandenburg Test -Imminent Lawless Action (nothing would actually likely happen afterward) |
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Facts -Near published that Jews were responsible for city's organized crime; he was declared a nuisance and ordered to stop printing Importance: -Prior restraint is unconstitutional! |
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Facts:
Miller conducted a mass-mailing campaign to advertise 4 books and a film that were sexually explicit.
Importance:
Test:
1.Average person declare it obscene
2.Contemporary community standards (will change as the time changes)
3.Work as a whole
4.Appeal to prurient interest (have a physiological response)
5.Patently offensive by state law (like no man on donkey action)
6.The work must lack SLAPS:
S-serious
L-literary
A-artistic
P-political (culture)
S-scientific |
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