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Mass Media Law Exam 1
Mass Media Law Exam 1
38
Law
Undergraduate 4
09/10/2007

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Cards

Term
Morse v. Frederick
Definition
"Bong Hits 4 Jesus"
Term
Gitlow v. New York
Definition
extends the first amendment to all branches and levels of government, Gitlow based his defense on the 14th Amendment -- among the liberties guaranteed in 14th is freedom of press as in the 1st Amendment
Term
Schenk v. US
Definition
Schenk published pamphlets protesting the US involvement in WWI, convicted under Espionage Act -- maybe the pamphlets would've been OK another time but not now b/c of the situation USA is in -- "every act depends upon the circumstances in whicih it is done"
Term
Near v. Minnesota
Definition
"The Saturday Press" newspaper (public nuisance), prior restraint is unconstitutional but in some cases may be OK but the burden of proof is on the government
Term
Texas v. Johnson
Definition
flag burning case -- burned at Republican Natl. Convention but flag burning is still a right
Term
Simon & Schuster v. Crime Victims Board
Definition
States were saying that criminals couldn't sell the right to their books/movies/etc. -- Supreme Court struck down NY ordinance because it prohibited specific speech. Supreme Court said such a law may be OK if written mroe narrowly.
Term
Krishna v. Wolke
Definition
can't make laws against a specific group (time/place/manner)
Term
Heffron v. Krishna
Definition
law was restricting Krishnas at MN state fair, but it was OK b/c the law applied to EVERYONE (made people distribute literature from a booth)
Term
Krishna v. Lee
Definition
NY had regulation against repeated soliciting of money at airports -- "forum" case, asking for the money is not OK
Term
Tinker v. Des Moines
Definition
black armbands -- in order to censor free expression the schools would have to prove disruption
Term
Hazelwood v. Kuhlmeier
Definition
HS principal censored newspaper by removing 2 pages -- Supreme Court ruled in favor of school district b/c it was a school-curriculum based newspaper instead of a public forum
Term
New York Times v. US
Definition
one of the Pentagon Papers cases, it was ruled OK to print the info b/c it was historical and didn't pose any threat now
Term
US v. Progressive
Definition
"H-Bomb Case" -- writer researches how to make h-bomb, didn't make it to Supreme Court b/c some little newspaper published it first, but US govt. got to exercise prior restraint
Term
RAV v. St. Paul
Definition
teens burned cross on black family's yard, Supreme Court said 'race, color, creed, reglion, and gender" is not all inclusive and doesn't ban all speech, meaning the law is content-based which is bad
Term
Brandenburg v. Ohio
Definition
"Incitement Standard" -- Brandenburg was in KKK and threatened the President & Congress if they didn't stop holding down the white race, but you can only ban speech if its likely to cause a problem and this guy wasn't
Term
Whitney v. California
Definition
used case to re-write "Clear and Present Danger Standard", whitney was big philanthropist charged w/ being in communist party, basically if acts are going to cause immident danger then suppression is OK but if "talking it out" could work things out then no
Term
Chaplinsky v. New Hampshire
Definition
"The Fighting Words Case," Supreme Court said Chaplinksy (a Jehovah's Witness) was not OK to yell obsenities to a policeman who was trying to repremand him b/c it will immediately cause violence
Term
Lovell v. Griffin
Definition
First Amendment protects the distribution as well as the publication of ideas, opinions, and news -- had to get license to distribute literature in city of Griffin
Term
Miami Herald v. Tornillo
Definition
Tornillo had been critized in the Herald and wanted "equal time" to print his rebuttal but the courts said newspapers can print what they want
Term
Schneider v. New Jersey
Definition
the U.S. Supreme Court held that the purpose of the ordinances to keep the streets clean and of good appearance was insufficient to justify prohibiting defendants from handing out literature to other persons willing to receive it
Term
Stanley v. McGrath
Definition
school made a spoof newspaper, students got upset and were able to opt out of student media fee -- SC said it was unconstitutional to control/bribe student newspapers w/ funding
Term
Healy v. James
Definition
students wanting to make chapter of SDS - school wouldn't recongize them, SC says it was prior restraint and the burden of proof is on the school to prove its disruptive
Term
Papish v. University of Missouri
Definition
Papish distributed her own newspaper on MU's campus and was expelled -- SC said she had to be reinstated
Term
US v. Washington Post
Definition
one of the "Pentagon Papers" cases -- Supreme Court said info was OK to print b/c it was historical and not currently a threat
Term
Kincaid v. Gibson
Definition
school yearbook case when Kentucky States U wouldn't distribute yearbook b/c they didn't like cover -- there's no difference between censoring the words kids use to describe their college experience and making them publish a state-sponored script, but in either case the govt. alters student expression
Term
Grossjean v. American Press Company
Definition
corrupt govt. taxed newspapers with large circulations b/c they critized govt. but court said you can't puntitively tax newspapers
Term
Austin v. Keefe
Definition
Keefe was a corrupt real estate guy & the org for a better austin started publishing pamphlets against him, austin couldn't get the courts to agree to stop them b/c it was banning a specific kind of speech
Term
Hosty v. Carter
Definition
applied Hazelwood to higher ed -- didn't make it to Supreme Court but just 7th dist. court of appeals, court said prior review depends on forum theory
Term
John Peter Zenger
Definition
seditious libel -- jury nullification b/c jurors ignored the law and said that no one should be imprisioned for printing govt. criticism that was true and fair
Term
Alexander Meikeljohn
Definition
theory that the value of freedom of expression is successful self-government
Term
William Brennan
Definition
great liberal member of the Supreme Court
Term
First Amendment
Definition
religion, press, speech, assembly, petition
Term
Time Place Manner
Definition
content neutral, no complete bans, substantial interest, narrowly tailored
Term
Espionage Act
Definition
aimed at dissent and opposition to the war, it was a crime to cause or attempt to cause insubordination, disloyalty, mutiny or refusal of duty in the armed services
Term
Sedition Act
Definition
made it a crime to obstruct the recruiting service
Term
Preferred Position
Definition
burden of proof on govt.
Term
Ad Hoc
Definition
all rights are equal (not pref pos.)
Term
Absolutist
Definition
no interference with first amendment rights should be tolerated -- NO LAW means no law
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