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Definition
| Common law crime of advocating and INTENDING to bring about harm to the government. |
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Definition
1. Made it illegal to criticize the government.
2. Was repealed 3 years later. |
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| What was the takeaway from the Peter Zenger case? |
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Definition
| Truth is a defense against sedition. |
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| Sedition during the Civil War... |
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Definition
1. Prohibited proposals for antislavery from even reaching the floor.
2. Suspended the Writ of Habeus Corpus. |
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| T/F: The SC never heard a case about the First Amendment until the 20th century. |
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Definition
| Put in place because of the fear of communism. |
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| Three instances the SC allows prior restraint: |
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Definition
1. Obscene publications
2. Incitements to violence
3. Advocacy of violent overthrow of government |
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Definition
| Subversion and espionage against one's country of citizenship. |
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Definition
1. A knowledge of falsity or
2. Reckless disregard for the truth |
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| 5 ways to make a case for Libel |
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Definition
1. Identification
2. Defamatory Language
3. Falsity
4. Publication
5. Fault |
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Term
| At what point does disregard for the truth become reckless? (4 points) |
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Definition
1. Source
2. Deadline Pressure
3. Believability
4. Incentives |
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Definition
| Government officials, those elected to office |
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| Unelected Government Employees |
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Definition
| Janitors, Jo Ann Gora, Police officers |
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| All-Purpose Public Figures |
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Definition
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| Limited Purpose Public Figures |
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Definition
| Voluntarily puts themselves into a public controversy; there are NO INVOLUNTARY public figures |
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Definition
| Members of congress speaking on the floor, a police officer writing an arrest warrant, people testifying |
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| Journalists who use facts from absolute privilege people; they should not embellish it |
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| T/F: Public figures CANNOT claim emotional distress |
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Definition
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Definition
| Deemed things obscene if any part of it was explicit |
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Definition
| Introduces the MOST AVERAGE PERSON/contemporary community standards rule. If the dominant theme is not obscene, it's okay. |
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Term
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Definition
1. Average person standard
2. Community standard
3. Contemporary standard
4. Work as a whole
5. Prurient interest |
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6. Depict or describe; visual or literary
7. Patently offensive
8. Sexual conduct
9. Applicable state law |
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Definition
10. Work as a whole
11. Lacks serious
12. LAPS value |
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