Term
|
Definition
1) Justified by a compelling government interest
2) narrowly drawn so as to impose the minimum abridgment of free expression. |
|
|
Term
| Under the Bad tendency test, ______ may be halted or punished if it presents the slightest "_________" to cause a substantial evil. |
|
Definition
|
|
Term
| Case associated with the The Clear- and - present danger test |
|
Definition
|
|
Term
| __________ should be punished, only when words are "used in such circumstances and are of such a nature as to creat a ______ & ________ danger that they will bring about substantive evils that congress has a right to prevent. |
|
Definition
|
|
Term
| "by their very utterance inflict injury or tend to incite an immediete breach of peace" -- these words are |
|
Definition
|
|
Term
5 elements a successful libel plaintiff prove
1
2
3
4
5 |
|
Definition
- Defamation
- Identification
- Publication
- Fault
- Falsity
- Personal Harm
|
|
|
Term
| Only __________ can sue to protect his or her reputation |
|
Definition
|
|
Term
Can a business sue for stories printed claiming they provide poor service or have committed a crime?
However -- a business can only sue for damage to their ___________reputation and not for damage to an ________________'s _________________. |
|
Definition
|
|
Term
“all doctors are quacks”
is this a libelous statement?
|
|
Definition
| No. It's too general, and defamation is a matter of personal reputation. |
|
|
Term
| Is a libel "published" in a letter of recommendation to one potential employer? |
|
Definition
| No. It would have to reach a large audience. |
|
|
Term
If a student posts a libelous note on Facebook, is the student liable for defamation?
But is Facebook Liable?
Why? |
|
Definition
Yes. Communicators are usually liabable for repeating, or republishing defamation if the defamation does not have an official source.
No.
The Federal court said the Telecommunications Act of 1996 exempts Internet providers from liability when thrid parties post libelous electronic messages. |
|
|
Term
| New York Times v. Sulliven is what kind of case? |
|
Definition
| A case concerning Prior Restraints |
|
|
Term
Defaming the government is:
______________ ______________ |
|
Definition
|
|
Term
| In a libel case, a Public official must prove the media published defamatory statements with _______ ________. |
|
Definition
|
|
Term
| New York Times v. Unisted states is also frequently referred to as the: |
|
Definition
|
|
Term
| In the Pentagon Papers Case, The Supreme Court refused to _______ ________of a series of ___________ in ________ __________ _______ and other ________ based on a secret _________ study of the __________ ____________ |
|
Definition
| In the Pentagon Papers Case, The Supreme Court refused to bar publication of a series of stories in the New York Times and other Newspapers based on a secret Pentagon study of the Vietnam war. |
|
|
Term
| In reference to the Pentagon Papers case, Prior restraints can be permitted when continuted publication will cause __________ _______ to the __________ __________ |
|
Definition
| In reference to the Pentagon Papers case, Prior restraints can be permitted when continued publication will cause irreparable danger to the national interest. |
|
|
Term
| "Heavy Burden" of proof is a burden that must be proven that _________ a ________ _________ |
|
Definition
| justifys a prior restraint. |
|
|
Term
| In the Pentagon Paper's case, the " _______ ________" could not be defined |
|
Definition
|
|
Term
The government can prohibit the disclosure of
" ________ _______"
ex. Atomic Energy Act |
|
Definition
|
|
Term
What is a Public official?
Include persons elected to ________ ________ and non-elected ________ _________ who play major roles in the development of public policity; Public Officials include __________ & _________ _________, __________, _______ _________ memebers, _________ ___________ members, and elected _________________. |
|
Definition
| public office; government employees; federal; state legislators; school board members, town council membesr, mayors; elected judges. |
|
|
Term
A public figure is one who has ________ _________ in society -- those who exercise ________ ________ or _________ and those who _________ a position of ________ news value.
|
|
Definition
| special prominence; general power; influence; occupy; continuing |
|
|
Term
|
Definition
| Not acting as a reasonable person would. In some states, a journalist not acting as a reasonable journalist would. |
|
|
Term
Public Forums
Although the government owns and operates property, the government does not necessarily control the expression that takes place there.
3 Kinds of Forums: |
|
Definition
Traditional
Dedicatd
Non Public |
|
|
Term
Public Forum
The government can impose reasonable regulation on the loudness and hours of speech in a _________ _______, but the government can exclude speakers only by demonstrating a _________ __________ -- such as stopping a riot -- and the exlusion is **_________ ________. The government cannot ____ one viewpoint over another in any ________. |
|
Definition
| Traditional Forum; compelling interest; narrowly tailored; favor |
|
|
Term
Intrusion includes:
1
2
3
|
|
Definition
Recorded Conversation
Overly Aggressive Surveillance
Long Distance Photograph
Telephoto Lens
|
|
|
Term
| A physical invasion of someone's property where the tresspasser enters private property without consent of the owner or "possessor" of the property |
|
Definition
|
|
Term
| Intrusion involves ___________ w a secret ________or ___________ technique. |
|
Definition
| newsgathing; electronic photographic |
|
|
Term
| Examples of when people have "legitimate expectations of privacy" |
|
Definition
* A patient's conversation with a provider of medical care in the course of treatment
Patients in a hospital room or ambulance |
|
|
Term
The Color of Law
A journalist must act in "__________" with or willingly participate in joint activities with state officials. |
|
Definition
|
|
Term
|
Definition
| The right to be let alone by the government; a citizen has a "reasonable expectation of privacy." |
|
|
Term
What constitutes highly offensive publications?
Belonging to two broad categories |
|
Definition
| Distortion and Fictionalization |
|
|
Term
| When a person is liable for invasion of privacy if he or she "appropriates to his own use or benefit the name or benefit the name or likeness of another |
|
Definition
|
|
Term
| Incitement resulting in Physical harm: The media can "_______" harm when _______ of the media ________ themselves or others. When stores or programs appear to cause ________ __________. |
|
Definition
| incite; mimics; harm; cause physical harm. |
|
|
Term
| The most graphic form of sexual expression and is banned in all media distributed in the United States. |
|
Definition
|
|
Term
The Miller Test:
1)
2)
3) |
|
Definition
1) Prurient Interest
2) Patent Offensiveness
3) Lacking Social Value |
|
|
Term
| The Miller Test States states that to be obscene, materials taken as a whole must appeal to the __________ __________ as determined by the __________ _____________. |
|
Definition
| Prurient Interest; Average Person |
|
|
Term
| The Miller Test States that what makes materials _________ _________ is their excess of _________ _________, the ___________ nature of the activity, often in a very ___________ __________ |
|
Definition
| The Miller Test States that what makes materials patently offensive is their excess of sexual detail, the repetitive nature of the activity, often in a very comercial context. |
|
|
Term
| The Miller Test States that for work to be obscene, it must not only be __________ _________ & and appeal to ___________ _________, but also lack _________ _______ when viewed as a whole. |
|
Definition
| Patently offensive; prurient interest; social value |
|
|
Term
Schwarzenegger v. Entertainment
Should children be protected from violence |
|
Definition
|
|
Term
Broadcast Regulation Terms
1
2
3
|
|
Definition
Reasonableness
Arbitrary and Capricious
Overbroad and vague |
|
|
Term
| For a work to be obscene, it must, taken as a __________, appeal to the _________ __________ of the __________ person and be ________ __________ applying contemporary ________ ________. |
|
Definition
| whole; prurient interests; average; patently offensive; community standards. |
|
|
Term
| Materials that are not obscene but "_______" in an intense commercial promotion of their sexual appeal may be prohibited as obscene. |
|
Definition
|
|
Term
| Works are ________ ________ if they are "______-______" ___________ containing graphic, lewd displays of the _______ or ______ acts. |
|
Definition
| Patently offensive; "hard-core" pornography; gentiles; sexual |
|
|
Term
| To be obscene, materials also must lack serious ________ , __________, __________, or ________ value, as determined by a ____________ person. |
|
Definition
| literary; artistic; political; scientific; reasonable |
|
|
Term
| When the government attempts to show a work is obscene, the first amendment requires ______ ______ be followed. This includes placeing the _______ of _______ on the government and providing for rapid judicial review. |
|
Definition
| Due Process; burden of Proof |
|
|
Term
| Indecent material is _______ oriented but does not meet the _________ definition of obscenity. |
|
Definition
|
|
Term
| Why is broadcast indecency restricted? |
|
Definition
| Because braodcasting is "uniquely accessible to children |
|
|
Term
| Upheld the FCC's power to punish a broadcaster for airing indecent content, justifying braodcasting's reduced first amendment protection in this context because broadcasting is intrusive and accessible to children. |
|
Definition
| FCC v. Pacifica Foundation |
|
|
Term
Broad casting is "________" ________ presence in the lives of all Americans. Braodcasting "_________" citizens in public but also in the privacy of the home, where individuals have the right to be _______ __________,
Case Associated:
|
|
Definition
uniquely pervasive; confront; left alone
FCC v. Pacifica Foundation |
|
|
