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Media Communication Law: Exam 1
Questions from Exam 1
94
Journalism
Undergraduate 3
11/19/2012
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Term
Regulations of where, when and how expressive rights are exercised rather than content.
 Definition
Time, place, and manner regulations.
Term
Same sex sexual harassment, quid pro quo demands and "creating a hostile working environment."
 Definition
The U.S Supreme ruled that these types of activities violate the Civil Rights Act.
Term
Code(x) of Hammurabi.
 Definition
Instrument that represented the first ever codification of law in the ancient world.
Term
Words that tend to incite immediate physical reaction and is said "in your face" are illegal.
 Definition
Chaplinsky v. New Hampshire
(Fighting Words Doctrine)
Term
Hate speech can only be banned if it incites or produces imminent lawless action.
 Definition
Bradenburg v. Ohio
(Clear and present danger test)
Term
Supremacy Clause (Article VI of the US Constitution)
 Definition
Any federal law or state law, or state constitution that contradicts the Federal Constitution cannot stand.
Term
View point discrimination against the KKK in a public forum is unconstitutional.
 Definition
Capitol Square Review and Advisory Board v. Pinette
Term
The Heckler's veto: where the government arrest a speaker for fear of negative audience reaction to the speaker's speech is unconstitutional.
 Definition
Terminiello v. City of Chicago
Term
Stare Decisis
 Definition
Fundamental principle of American law which means "let the past decision stand."
Term
Fundamental fairness guaranteed under the 14th Amendment.
 Definition
Due process (from the due process clause).
Term
Public universities operate under the 1st Amendment; publishing an indecent cartoon is not grounds for expulsion.
 Definition
Papish v. University of Missouri Curators
Term
These places are traditional public forums under the 1st Amendment.
 Definition
Sidewalks, street corners, public parks, plazas in front of courts and city halls.
Term
Court ruled in this case that prior restraints are unconstitutional under the 1st Amendment.
 Definition
Near v. Minnesota
Term
Narrowly tailored, content-neutral laws that further a substantial government interest unrelated to the suppression of free expression are constitutional.
 Definition
US v. O'Brien (The O'Brien test)
Term
The United States is a marketplace of ideas where all views are allowed.
 Definition
US v. Abrams
Term
Cross burning is protected symbolic speech unless it is intended to intimidate.
 Definition
Virginia v. Black
Term
Laws that are so imprecise and so broad that they punish substantial amounts of protected speech along with unprotected speech suffer from this constitutional defect.
 Definition
Vagueness and over breadth.
Term
An ordinance that defined an airport terminal as a "First Amendment free-zone" is unconstitutional vague and over broad.
 Definition
Board of Airport Management v. Jews for Jesus
Term
Instrument indicating willingness of US Supreme Court to hear a case.
 Definition
Writ of certiorari.
Term
Theories that explain the importance of the First Amendment in the US.
 Definition
Attainment of the truth, democratic governance, checks on the power of government, change with stability and self-fulfillment.
Term
Rule making by federal agencies as delegated by Congress.
 Definition
Administrative law.
Term
A municipal hate speech regulation is an unconstitutional content regulation.
 Definition
R.A.V. v. City of St. Paul
Term
St. Patrick's Day organizers have the First Amendment right to speak and speak under the principle of expression association.
 Definition
Hurley v. Gay, Lesbian and Bisexual Group of Boston
Term
Prior restraint can be applied only to material whose publication would lead to direct, immediate and irreparable damage to the US and its people.
 Definition
New York Times v. US (National Security exception)
Term
A street march by a disreputable group is protected under the 1st Amendment.
 Definition
Village of Skokie v. Nationalist Socialist Party
Term
Under the 1st Amendment, there is no such thing as a false idea.
 Definition
Gertz v. Welch
Term
Burning the US flag in protest against the government is protected by the1st Amendment.
 Definition
Texas v. Johnson
Term
Origin of the legal systems in civil law countries.
 Definition
Emperor Justinian's Corpus Juris Civilis
Term
Document that is the foundation of the rule of law in the Anglo-American system.
 Definition
The Magna Carta
Term
1st Amendment right of assembly of like-minded persons to express a message.
 Definition
Expressive Association: Allows groups to select their leaders even in a discriminatory manner (Boy Scouts of America v. Dale
Term
Origin of the legal systems of the Anglo-American countries.
 Definition
William Conqueror's creation of a "common law" in the British Isles.
Term
Viewpoint discrimination on state college campus violates the 1st Amendment.
 Definition
Rosenberger v. Virginia
Term
The content-based speech codes of public universities are unconstitutional.
 Definition
Doe v. University of Michigan
Term
Under the 1st Amendment, speech cannot be regulated on the basis of its content.
 Definition
US v. O'Brien (content-neutrality principle)
Term
The 1st Amendment is made applicable to the states through the 'due process' clause of the 14th Amendment.
 Definition
Gitlow v. New York (incorporation)
Term
Using indecent speech to protect against a government policy is legal.
 Definition
Cohen v. California
Term
High schools may restrict student speech that promotes illegal drug use.
 Definition
Morse v. Fredrick (Bong hits for Jesus)
Term
Obscenity is illegal material that presents human sexual and scatological functions in a highly offensive manner.
 Definition
Miller v. California
Term
Notable example of expressive conduct in classical literature.
 Definition
Female sex strike in Aristophane's Lysistrata.
Term
An 'ugly woman' contest is protected expressive conduct under the 1st Amendment.
 Definition
Iota Xi Chapter of Sigma Chi v. George Mason University
Term
Wearing armbands in protest at the Vietnam War is protected symbolic speech.
 Definition
Tinker v. Des Moines
Term
High school principals may edit inappropriate content from school newspapers.
 Definition
Hazelwood v. Kuhlmeier
Term
Eviction of Occupy Wall Street protesters from a park satisfied reasonable time, place, and manner regulations.
 Definition
In the matter of Waller v. New York
Term
Prisons, military bases, and airports are not public forums under the 1st Amendment.
 Definition
Houchins v. KQED and International Society of Krishna Consciousness v. Lee
Term
Internet service providers are distributors, not publishers for purposes of libel.
 Definition
Section 230 Telecommunications Act of 1996
Term
Branch of law aimed at remedying non-monetary harms.
 Definition
Law of Equity.
Term
Discriminatory of Censorious Taxation is a violation of the 1st Amendment.
 Definition
Minneapolis Star & Tribune v. Minnesota Comm. of Revenue
Term
Use of seven dirty words is not allowed in radio and television broadcasting
 Definition
FCC v. Pacifica Foundation
Term
Obvious, self-evident defamation
 Definition
Libel per se
Term
Substantial truth or gist of the truth.
 Definition
Standard of truth required in libel cases.
Term
Journalist who engaged in insider trading violated the SEC act.
 Definition
Carpenter v. United States
Term
"A good name is better than riches, loving favor is better than silver and gold"
 Definition
Proverbs 22:1, Biblical origin of the common law of libel.
Term
Source of Islamic law and ethics.
 Definition
Sharia or cultural interpretations of the Koran.
Term
Indirect defamation or defamation in the context of a news story.
 Definition
Libel per quod.
Term
Statement that tend to expose an individual to 'hatred, ridicule of contempt.'
 Definition
Definition of "defamation."
Term
Federal Administrative agencies develop administrative law as follows:
 Definition
The FCC regulates radio, TV, Cable and satellites while the FTC regulates advertising.
Term
Under the 1st Amendment the following category of speech has the highest protection:
 Definition
Advocacy of political viewpoints with regard to governmental activity.
Term
The 1st Amendment right of expressive association refers to:
 Definition
The right to get together with like-minded people for the purpose of expressing an opinion.
Term
The law in "Anglo-American" countries has a lot Latin terminology because:
 Definition
Aspects of Roman law were introduced to England by Julis Caesar and William the Conqueror.
Term
Under the doctrine of Judicial Review:
 Definition
The courts are the final arbiter of the meaning of the law.
Term
The following is a true statement under the American exceptionalism:
 Definition
The degree of citzens' trust in the government is less than in other countries. The US Constitution is not intended to ensure social rights, equality and entitlements.
Term
Under the 1st Amendment, time, place, and manner restrictions apply:
 Definition
To all types of speech in public forums and designated public forums.
Term
Under the 1st Amendment and Miller v. California, the Jerry Springer show can be classified as:
 Definition
Indecent, sometimes unethical, but legal and protected.
Term
In the Village of Skokie v. National Socialist Party, and Virginia v. Black, lawyers for the hate groups in the cases were as follows:
 Definition
An African American was the KKK lawyer while a Jewish American defended the Nzis due to constitutional principles.
Term
The Supreme source of law in the United States is:
 Definition
Constitutional law.
Term
The 1st Amendment guarantees us the following:
 Definition
Negative freedom of speech, freedom of the press and freedom from state religion.
Term
Under the Constitution of the United States:
 Definition
Freedom of the press is not absolute; therefore, time, place, and manner restrictions apply to all speakers under the O'Brien test.
Term
The difference between the Anglo-American Common law and European civil law is as follows:
 Definition
Anglo-American law is adversarial and theoretically has a higher presumption of innocence.
Term
What do the following cases- Brandenburg v. Ohio, Village of Skokie v. National Socialist Party; Capitol Square review and Advisory Board v. Pinette, and Virginia v. Black-tells us about the 1st Amendment?
 Definition
The 1st Amendment tolerates a wide range of speech and non-threatening expression by the KKK and other hate groups.
Term
According to Schauer, American exceptionalism is characterized by:
 Definition
An individualistic, libertarian worldview in which freedom of speech is dominant.
Term
The 1st Amendment was designed to especially protect the following types of speech:
 Definition
Unpopular, unorthodox, offensive and unusual speech.
Term
In the readings, Egyptian authoritarianism and Chinese Communism mean:
 Definition
China has the censorious Great Firewall of China while Egypt has not successfully transitioned from a dictatorial system to a democratic one.
Term
The difference between the US and continental European countries is that:
 Definition
The US is a marketplace of ideas, while Europe is a marketplace of ideas, and it has a negative free speech regime while Europe has a positive free speech regime.
Term
Under the 1st Amendment, the following types of speech and or actions are forbidden:
 Definition
A combination of speech and physical violence or threats of violence against people because of their race, gender and sexual orientation.
Term
What is the principle that runs through the following cases: US v. O'Brien, Tinker v. Des Moines, Texas v. Johnson, and Cohen v. California?
 Definition
Symbolic speech and expressive conduct is protected by the 1st Amendment.
Term
What principle do the following cases- Papish v. University of Missouri Curators, Doe v. University of Michigan, and Kincaid v. Gibson- have in common?
 Definition
Universities are not enclaves immune from the sweep of the 1st Amendments.
Term
Under the 1st Amendment, an 'ugly woman' contest in a college fraternity is:
 Definition
Speech that may be unethical to some but it is protected expression.
Term
From a free speech perspective, the difference between the US and other countries is that:
 Definition
The US sees itself as an exceptional country that is a marketplace of ideas.
Term
According to Oliver Wendell Holmes, American law is known for its heavy reliance on:
 Definition
Experience (precedent) rather than logic to solve legal controversies.
Term
The Danish Mohammad cartoons were controversial because:
 Definition
Islam is mostly an iconoclastic religion, some of them equated Islam with terrorism, and they represented a clash of civilizations over issues of free speech.
Term
The difference between common law and constitutional law is as follows:
 Definition
Common law is judge-made law while constitutional law comes from constitutions.
Term
Laws that are vague and overbroad are unconstitutional. The remedy for that defect is:
 Definition
Laws that are narrowly tailored to serve a substantial government interest.
Term
Schauer describes the US as an 'outlier' in matters of free speech. That means:
 Definition
The United States is exceptional and allows greater freedom of speech than other Western countries.
Term
The hierarchy of federal courts (lowest to highest) in the United States is as follows:
 Definition
District courts, appellate courts, and the Supreme Court.
Term
The elements of Libel are:
 Definition
Identification, publication, defamation, falsity, and fault.
Term
The following are true statements under American exceptionalism:
 Definition
The degree of citizens' trust in the government is less than in other countries and the US Constitution is not intended to ensure social rights, equality, and entitlements.
Term
In libel law, the 'republication rule' means:
 Definition
The First Amendment does not protect reporters who knowingly republish false, defamatory statements uttered by third parties.
Term
US Supreme Court judges are appointed by the president and confirmed by the senate. The number of judges on the Court are:
 Definition
9 judges including the chief justice.
Term
Administrative law is an important source of law in the US. The following are administrative law cases:
 Definition
Carpenter v. United States and FCC v. Pacifica
Term
The difference between Libel and Slander is as follows:
 Definition
Libel is written defamation while slander is spoken or broadcast defamation.
Term
The following statements are true under the 1st Amendment:
 Definition
The rights of the speaker take precedence over the feelings of the listener.
Term
Morse v. Frederick and Village of Hoffman Estates v. Flipside dealt with the following issues:
 Definition
Morse ruled that pro-drug message in a high school was not protected speech while Village of Hoffman Estates stated that ads for drug paraphernalia were illegal.
Term
In libel law, a person whose reputation is so damaged that no further harm can be done to is:
 Definition
A libel proof person.
Term
The difference between the telephone system and the Internet is as follows:
 Definition
Telephones are circuit-switched while the Internet is packet-switched network.
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