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Supreme Law
Hard to Amend
Bill of Rights
First Amendment
14th Amendment |
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FCC Act
FTC Act
Copy Right Act
SEC Act
Obscenity Statutes
Freedome of Information Laws
Libel Statutes
Privacy Statutes
Conflict with Constitution
Preemption |
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Definition
| Agencies -- Federal Communications Commision; Federal Trade Commision; Securities and Exchange Comission; Federal Election Commision; Food and Drug Administration; Copy Right Office |
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| Administrative Agencies 2 |
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| Politics: Appointments, oversight, working for the Regulated. |
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Administrative Powers:
Law Making
Adjudication
Administration Enforcement |
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Challanges
* Exceeding Authority
* Arbitaryness and Copreciousness
* Unconstitutionality |
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| Administrative Law 4 -- Exceeding Authority Ex. |
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Definition
| FDA Ban on Tobacco advertising near schools |
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| Administrative Law 4 Arbitrariness and Capriciousness ex. |
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Definition
| Ban on two Tv station but not on tv and cable |
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| Administrative Law 4 Unconstitutionality ex. |
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Definition
| FEC: Ban on Party Radio Advertising |
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Definition
Court Nominations
Administrative Appointments
Executive Orders
Classified Documents |
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Definition
Flexible Precedent
Based on Custom
Stare Decisis
e.g, libel, tresspass
Different from Constitutional
when codified |
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Definition
Injunctions
Prior Restraints |
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Definition
District Courts
Appeals Court
Supreme Court
In that order... |
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Definition
9 Justices
Appointed for life |
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writ of Certiorari
Rule of Four
Opinion of the Court
PerCuriam
Concurring
Dissenting
Plurality |
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Term
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Definition
| Four Supreme Court justices must vote yet to a petition for cetiorari to grant a writ of certiorari and put the case onto its calander |
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| Latin term meaning that the Court is willing to reveiw a case. |
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Definition
| an opinion written by an appellate court judge stating why the judge agreed with other judges |
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| Explains the judge's disagreement with the court majority's decision |
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| with reference to the U.S supreme court, the opinion that is supported by more justces than any other opinion in a single case but not supported by a majority of the justices |
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| Issued by and for the entire court rather than by one judge writing for the court. |
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Torts
Plaintiff
Defendant
Petitionor
Respondant
E.g. Libel, Privacy
Preponderance of Privacy |
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| Litigation -- Criminal Case |
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Definition
Government Prosecutes
Fines and Jail
Probable Cause
Indictment
Beyond Reasonable Doubt |
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Appendix A
Official Reporters
e.g -- United States Reporters
Commercial Reporters
e.g. Supreme Court Supporter
Media Law Reporter
Lexis- Nexis
Citations
e.g. -- Huchinson v. Proxmire |
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Definition
| Printed or, in some states, broadcast defamation. |
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1. In general, what does it mean if we say a justice is “liberal” or “conservative” on constitutional issues? Include an understanding of “activist” and "strict constructionist" in your answer.
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| When we say a justice is conservative, we mean that he or she may tend to interpret constitutional rights more narrowly than liberals, tend to factor states’ rights over central government regulations and to support individual property rights. On the other hand, a liberal justice may be more concerned about protecting individual civil rights including free speech and free press. Liberal justices are also more willing to recognize new constitutional rights and to increase access to government information |
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John Doe Plantiff vs. University of Michigan
What does the Plantiff ask? |
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Definition
| The plaintiff's motion asks that policy of defendant university be declared unconstitutional and be enjoined on the grounds of vaugeness and overbredth. |
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Prior Restraints
Post Publication Publications
Content -- Neutral Regulations |
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Black -- Security Review
Original Meaning of First Amendment
Why Prior Restraints Offensive? |
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Near v. Minnesota
State statute constitutional that permitted
Injuction against "malicious, scandalous, or infamatory' speech.
Law can't halt publication critism of public officials
Ban on prior restraints; not absolute |
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| New York v. United States |
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| Pentagon Papers Significance |
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Definition
Papers allowed to publish stolen, confidential documents
heavy burden on government to justify prior restraints
First amendment protections against prior restraints -- not absolute |
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Definition
Clear and Present danger in publishing article describing public availability about building hydrogen bombs.
Atomic Energy Act prohibited dissemination of "restricted data."
So what if bomb materials were in public domain? |
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| Prepublication Agreements |
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Definition
* Constitutional for prepublication agreement
* Snepp v. United States |
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| Constitutional for Prepublicaton Agreement... |
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Definition
| to require governement employees to submit writings and speeches for prior review |
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CIA employment contract requires prior review
Constructive trust. |
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Definition
Area commanders sign security review
embedded troops sign agreements |
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Unbrideled discretion by administrators is unconstitutional.
Unbridled acts as prior restraints
Broadcastings licensing justified by limited spectrum |
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