Term
| According to Schauer, American exceptionalism is characterized by: |
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Definition
| An individualistic, libertarian worldview in which freedom of speech is dominant |
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Term
| The difference b/w Anglo-American common law and European civil law is: |
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Definition
| Anglo-American law is adversarial (a v. b) and theoretically has a higher presumption of innocence |
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Term
| What does the FCC and FTC regulate? |
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Definition
| the FCC regulates radio, TV, Cable and satellites; FTC regulates advertising |
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Term
| The law in Anglo-American countries has lots of Latin terms because: |
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Definition
| Aspects of roman law were introduced to England by Julius Caesar and William the Conqueror |
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Term
| What is the final arbiter of meaning of law under the doctrine of Judicial review? |
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Definition
| The courts are the final arbiter of the meaning of the law |
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Term
| American exceptionalism true statements: |
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Definition
| The US Constitution is not intended to ensure social rights, equality, and entitlements. And the degree of citizens' trust in the gov't is less than in other countries |
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Term
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Definition
| right to get together with like-minded people for the purpose of expressing an opinion |
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Term
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Definition
| Exertion in the path of Alla, and wars of conquest that spread Islam from Arabia to other parts of the world |
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Term
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Definition
| courts undertake preventive actions, which may include prior restraint, as in the case of Ali v. Playgirl (law of equity/privacy through appropriation) |
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Term
| Supreme source of law in the US |
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Definition
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Term
| First Amendment guarantees: |
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Definition
| Freedom of speech, freedom of the press, freedom from state religion |
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Term
| Time Place and manner restrictions apply: |
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Definition
| to all types of speech in all public forums and designated public forums |
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Term
| These speech/actions are illegal: |
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Definition
| intimidation, physical violence, threats of violence against people because of their race, religion, gender, sexual orientation |
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Term
| Category of speech with the highest protection |
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Definition
| advocacy of political viewpoints with regard to governmental activity |
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Term
| what does "Freedom of the press is not absolute" mean? |
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Definition
| time, place, and manner restrictions apply to all speakers under the O'brien test |
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Term
| The first amendment was designed to protect what kinds of speech? |
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Definition
| Unpopular, unorthodox, offensive, hateful, and unusual |
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Term
| Protestant reformation accomplished the following: |
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Definition
| 1. led to the creation of the lutheran church and religious wars 2. made freedom of conscience and expression acceptable right 3. led to the questioning of authority and orthodox beliefs |
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Term
| Doctrine of Incorporation (Gitlow v. NY)says these two things: |
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Definition
| First Amendment is applicable to the states through the "due process clause" of the 14th amendment; What congress cannot do under the first amendment, states cannot do under the 14th. |
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Term
| Grosjean v. American Press Co held that (2): |
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Definition
| the gov't may not use taxation as a form of censorship; discriminatory and censourious taxation is illegal under the First |
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Term
| Acc'd to class article, Russian Journalists get into trouble when they |
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Definition
| attempt to expose corruption and criticize corrupt officials an their activities |
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Term
| according to class article, how are russian journalists silenced? |
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Definition
| murder, imprisonment, intimidation |
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Term
| differences b/w the First Amendment, French Declaration of the Rights, and the European Convention on Human rights is: (2) |
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Definition
| 1. The First grants negative rights, while the french and european human rights instruments grant positive rights. 2. First is content-neutral regulator of speech, while french and european instruments are content based |
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Term
| Other countries don't see the world the way Americans do because: |
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Definition
| Different cultures have different ethical and moral perspectives on free speech |
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Term
| Oliver Wendell holmes said American law is known for it's reliance on: |
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Definition
| Experience (precident) rather than logic to solve legal controversies |
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Term
| Danish Mohommad cartoons were controversial because |
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Definition
| islam is iconoclastic, some cartoons equated islam with terrorism, they were used as an excuse to curtail freedom of expression in many countries (all of the above) |
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Term
| Difference b/w common law and constitutional law: |
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Definition
| Common law is judge made and constitutional law comes from constitutions |
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Term
| remedy for vague and overbroad law |
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Definition
| laws that are narrowly tailored to serve a substantial gov't interest |
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Term
| The anglo-american legal system uses a lot of latin terminology why? |
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Definition
| common law is a mixture of romn |
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Term
| the hierarchy of federal courts (lowest to highest) |
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Definition
| district courts, appellate courts, US supreme court |
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Term
| international instrument that provides the standard for global freedom of speech and expression |
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Definition
| universal declaration of human rights |
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Term
| The SEC governs financial Journalist. In carpenter v. US, the US Supreme Court ruled (2): |
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Definition
| 1. The First Amendment does not immunize journalist who use confidential info to engage in illegal insider training. 2. Journalists who engage in insider trading violate the SEC Act and wire and mail fraud laws. |
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Term
| Individuals in ancient history who gave us the concept of "speaking truth to power" |
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Definition
| ????old testament hebrew prophets |
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Term
| Author claims that the Canadian human Rights Commissions: |
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Definition
| violate the human rights of freedom of expression of Canadians |
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Term
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Definition
| (all of the above) libel is written info that damages a person's reputation, slander is spoken info that damages a person's reputation, defamation damages a person's good name and standing in society |
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