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| First amendment means EXACTLY what it means, no government interference in free speech |
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| Everyone should have the right to express his/her views via mass media |
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| The orders, rules and regulations promulgated by executive branch administrative agencies to carry out their delegated duties |
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| Interested individuals and organizations who are not parties to the case may, with permission of the court, submit additional briefs for consideration, "friend of the court" |
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| to ask a higher court to reverse the decision |
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| Restrict free speech if it has the sole tendency to incite or cause illegal activity |
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| Balancing (interest) Theories |
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| The principle is that conflicts of jurisdiction and interests between governmental organizations are decided based on the balance of interests between them. The party with the more compelling interest in most cases will have its interests upheld. |
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| obligation to shift the accepted conclusion away from an oppositional opinion to one's own position |
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| A petition for review by the Supreme Court of the United States. "to be informed of" |
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| deals with disputes between individuals and organizations |
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| speech that could create a nature of evil, question of proximity and degree |
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| written when agree with majority ruling but for different reason |
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| The set of laws that establish the nature, functions and limits of government |
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| time, place and manner regulations |
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| The official opinion of an appellate court that states the reasons or rationale for a decision. |
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| Violations of the law of the land, prison time |
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| The statutorily granted right of an aggrieved party to carry the appeal of a case to the Supreme Court of the United States. The high court can deny this right if the appeal lacks a substantial federal question. |
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| written statement from the minority rule about why they disagree with majority |
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| a fundamental principle of fairness in all legal matters, both civil and criminal, especially in the courts |
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| a jury in each county or federal court district which serves for a term of a year and is usually selected from a list of nominees offered by the judges in the county or district. |
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| Law created by judges to apply general principles of ethics and fairness, rather than specific legal rules, to determine the proper remedy for legal harm |
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| systematic use of spies to obtain top secret information |
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| Congress shall make no law respecting the establishment of religion (or prohibiting free exercise thereof) |
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| Heads of the executive brach of government have limited power to issue orders that have the force of law |
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| Trial court rules on the former Appellate on the latter |
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| those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. |
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| Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
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| The communications mediums in how and where speech is communicated, handbilling, marching, parks |
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| a charge of a felony (serious crime) voted by a Grand Jury based upon a proposed charge, witnesses' testimony and other evidence presented by the public prosecutor (District Attorney). |
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| Social contract, english philosopher, enlightenment |
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| ruling suspected of being based on personal or political considerations rather than on existing law |
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| limit the exercise of their own powers |
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| a document stating the facts and points of law of a client's case |
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| rationale for freedom of expression based on an analogy to the economic concept of a free market. |
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| Free Flow of ideas. democracy will not be true to its essential ideal if those in power are able to manipulate the electorate by withholding information and stifling criticism FREE SPEECH IS ABSOLUTE DURING POLITICAL DEBATES |
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| National security is the requirement to maintain the survival of the nation-state through the use of economic, military and political power and the exercise of diplomacy. |
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| The original location where the courts were given responsibility |
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| An option to issue an unsigned opinion by the court as a whole |
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| Pre established ruling that the courts can use for an example |
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| Preferred Position Theory |
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| Certain fundamental human rights are above even constitutional ones during a trial |
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| Prior restraint is a legal term related to censorship in the United States referring to government actions that prevent communications from reaching the public. |
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| Appellate courts sending case down to lower courts to be reviewed |
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| cert has to be heard if 4 out of 9 vote to hear case |
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| Sedition, Seditious libel |
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| Sedition is a term of law which refers to overt conduct, such as speech and organization, that is deemed by the legal authority as tending toward insurrection against the established order. |
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| In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. |
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| Written law formally enacted by city, county, state and federal legislative bodies |
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| The process undertaken by courts to interpret or construe the meaning of statutes. |
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| highest appellate court in US |
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| Way to find if the regulation is least intrusive best for public interest |
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| charge of citizens' property, activities, etc. for the support of the government |
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| A way to control speech that doesn't restrict content |
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| A crime that undermines the offenders government |
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| Trial Court v. Appeals Court |
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| Trial court: Fact. Appeals Court: Law |
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