Term
|
Definition
| Common Law, Ecclesiastical Law, Constitutional Law, Equity, Statutory Law, Regulatory Law |
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|
Term
| What Is the Incorporation Doctrine? |
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Definition
| This is the application of (most of) the Bill of Rights to the states via the Fourteenth Amendment's Due Process Clause. |
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Term
| 2 Doctrines of Constitutional Interpretation |
|
Definition
| Constructivism/Originalsim v. Judicial Activism |
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Term
|
Definition
| TROs & Permanent Injunctions |
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Term
| 2 Types of Constitutional Challenges to Statutes |
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Definition
|
|
Term
| Who Crafts Regulatory Laws? |
|
Definition
| Independent Regulatory Agencies (IRAs) |
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|
Term
| When Does a Supreme Court Term Begin? |
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Definition
|
|
Term
| How Long Is a Single Case Rotation at the Supreme Court? |
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Definition
|
|
Term
| 4 Types of Supreme Court Opinions |
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Definition
| Majority, Plurality, Concurrence, Dissent |
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Term
| How Many Appellate Circuits Are There? |
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Definition
|
|
Term
| In Which Circuit Are Ohio and Kentucky? |
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Definition
|
|
Term
| How Many Trial Districts Are There? |
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Definition
|
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Term
|
Definition
| Actual Damages (Actual Loss Incurred) and Punitive Damages (Punishment of Liable Defendant) |
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Term
| What Case Created Judicial Review in the United States? |
|
Definition
| Marbury v. Madison (1803) |
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|
Term
| What Did the Magna Carta Do? |
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Definition
| It removed certain powers from the crown and ceded additional powers to the people. |
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Term
| 4 Ways the Monarchy Responded to the Printing Press |
|
Definition
| Seditious Libel, Bonding Requirements, Licensure System, Taxation |
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Term
| Who Was John Peter Zenger? |
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Definition
| He seditiously libeled a colonial governor, but a jury nullified the charge. This is seen by some as a precursor to the First Amendment. |
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Term
| This is the application of (most of) the Bill of Rights to the states via the Fourteenth Amendment's Due Process Clause. |
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Definition
|
|
Term
| Constructivism/Originalsim v. Judicial Activism |
|
Definition
| 2 Doctrines of Constitutional Interpretation |
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|
Term
| TROs & Permanent Injunctions Fall under Which Source of Law? |
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Definition
|
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Term
| What removed certain powers from the crown and ceded additional powers to the people? |
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Definition
|
|
Term
| Who seditiously libeled a colonial governor before a jury nullified the charge? |
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Definition
|
|
Term
| Who Wrote the Declaration of Independence? |
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Definition
|
|
Term
| What Did Thomas Jefferson Write? |
|
Definition
| The Declaration of Independence |
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Term
| First 7 Words of the Declaration of Independence |
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Definition
| When, in the course of human events… |
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Term
| What Begins 'When, in the course of human events…'? |
|
Definition
| The Declaration of Independence |
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|
Term
| What Does Marshall University Political Scientist Jamie Warner Call the Declaration of Independence? |
|
Definition
| America's Breakup Letter to the King |
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Term
| The Plan before the Constitution Was to _____ the Articles of Confederation. |
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Definition
|
|
Term
| First 7 Words of the Constitution |
|
Definition
| We the people of the United States… |
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Term
| 6 Purposes of the First Amendment |
|
Definition
| Progress toward an Ideal, Watchdog Role of the Press, Stability, Tolerance, Social Robustness, Self-Fulfillment |
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|
Term
| Who Does the First Amendment Apply To? |
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Definition
|
|
Term
| What Case Said the First Amendment Is Incorporated via the Fourteenth Amendment? |
|
Definition
| Gitlow v. New York (1925) |
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Term
| First Amendment Incorporation is _____ Law |
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Definition
|
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Term
|
Definition
| Legal Principle that Is Essentially Undisputed |
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|
Term
| 3 Theories of First Amendment Interpretation |
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Definition
| Absolutist Theory, Meiklejohnian Theory, Preferred-Position Theory |
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|
Term
| Absolutist Theory, Meiklejohnian Theory, Preferred-Position Theory |
|
Definition
| 3 Theories of First Amendment Interpretation |
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Term
|
Definition
| 1 of the 3 Theories of First Amendment Interpretation. There is absolutely no line on what expression is protected. This is mostly theoretical. |
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Term
|
Definition
| 1 of the 3 Theories of First Amendment Interpretation. The goal is to protect political and social commentary. |
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|
Term
| Preferred-Position Theory |
|
Definition
| 1 of the 3 Theories of First Amendment Interpretation. The First Amendment is in a preferred position when compared to other rights and liberties. Nebraska Press Ass'n v. Stuart (1976) is an example of this, and this is a principle on which Near v. Minnesota (1931) was crafted. |
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|
Term
| There is absolutely no line on what expression is protected by the First Amendment. |
|
Definition
| Absolutist Theory in First Amendment Interpretation |
|
|
Term
| The goal of the First Amendment is to protect political and social commentary. |
|
Definition
| Meiklejohnian Theory in First Amendment Interpretation |
|
|
Term
| The First Amendment is in a preferred position when compared to other rights and liberties. |
|
Definition
| Preferred-Position Theory in First Amendment Interpretation |
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|
Term
| What Expressions Get Strict Scrutiny? |
|
Definition
| Political and Social Commentary, Press Material Not Yet Published, Prior Restraint |
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|
Term
| What Standard of Review Applies to Political and Social Commentary, Press Material Not Yet Published, and Prior Restraint? |
|
Definition
|
|
Term
| What Expressions Get Less Protection? |
|
Definition
| Copyright, Libel, Commercial Speech |
|
|
Term
| What Are the Two Rules for Narrow Tailoring of a TPM Restriction? |
|
Definition
| Not Too Broad, Not Too Vague |
|
|
Term
| What Issue Informs Prior Restraint Precedent After the Case of Near v. Minnesota? |
|
Definition
|
|
Term
| National Security Has Affected Precedent in What Area of JMC Law? |
|
Definition
|
|
Term
| New York Times Co. v. United States |
|
Definition
| The Pentagon Papers Case. The Supreme Court, rescinding its own TRO, allowed the Times to print its two-week series, and the court used Near in its rationale. 1971 |
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|
Term
| The Pentagon Papers Case. |
|
Definition
| New York Times Co. v. United States (1971) |
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|
Term
| United States v. Progressive, Inc. |
|
Definition
| The Department of Energy sued in W.D. Wisconsin to stop The Progressive from publishing hydrogen bomb instructions, and the District Court granted relief of hefty substantial governmental interest. Pending appeal to the 7th Circuit, another organization published the material, mooting the Progressive case. 1979. |
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Term
| The Department of Energy sued in W.D. Wisconsin to stop publication of hydrogen bomb instructions, and the District Court granted relief of hefty substantial governmental interest. Pending appeal to the 7th Circuit, another organization published the material, mooting the case. |
|
Definition
| United States v. Progressive, Inc. (1979) |
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|
Term
| What Are the Four Types of Forums? |
|
Definition
| Private, Nonpublic, Limited-Purpose Public, and Traditional Public |
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|
Term
| Private, Nonpublic, Limited-Purpose Public, and Traditional Public |
|
Definition
| Forums under Forum Analysis |
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Term
|
Definition
| Not Government-Owned. Totally Outside of the First Amendment. |
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|
Term
| Forum Not Government-Owned. |
|
Definition
|
|
Term
|
Definition
| Government-Owned, but No Public Access. Prisons and K–12 Schools. |
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|
Term
| Forum Government-Owned, but without Public Access. |
|
Definition
|
|
Term
| Limited-Purpose Public Forums |
|
Definition
| Government-Owned, with Public Access, with Specificity for Expressive Purposes |
|
|
Term
| Government-Owned, with Public Access, with Specificity for Expressive Purposes |
|
Definition
| Limited-Purpose Public Forums |
|
|
Term
| Another Phrase for a Limited-Purpose Public Forum |
|
Definition
| Designated-Purpose Public Forum |
|
|
Term
| Designated-Purpose Public Forum |
|
Definition
| Another Phrase for a Limited-Purpose Public Forum |
|
|
Term
| Another Phrase for a Designated-Purpose Public Forum |
|
Definition
| Limited-Purpose Public Forum |
|
|
Term
| Traditional Public Forums |
|
Definition
| Great Deal of First Amendment Protection. Strict Scrutiny Applies. Soapbox in Front of City Hall. |
|
|
Term
| Forums with a Great Deal of First Amendment Protection. |
|
Definition
| Traditional Public Forums |
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|
Term
| Tinker v. Des Moines Independent Community School District |
|
Definition
| If an expression in a public school would substantially and materially interfere with the mission of the school, the school may restrict the expression. Supreme Court, 1969. |
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|
Term
| If an expression in a public school would substantially and materially interfere with the mission of the school, the school may restrict the expression. |
|
Definition
| Tinker v. Des Moines Independent Community School District (1969) |
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|
Term
| FCC v. Pacifica Foundation |
|
Definition
| The FCC can regulate broadcast indecency without violating the First Amendment. Supreme Court, 1978 |
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|
Term
| The FCC can regulate broadcast indecency without violating the First Amendment. |
|
Definition
| FCC v. Pacifica Foundation (Supreme Court, 1978) |
|
|
Term
| Central Hudson Gas & Electric Corp. v. Public Service Commission |
|
Definition
| Corporations are not allowed to lie. The government can regulate ads that are false or misleading, deceptive or unfair, or promote unlawful or illegal goods and services; and the government can impose regulations that directly advance a substantial government interest as long as there is a reasonable fit between the regulation and the interest. (Supreme Court, 1980) |
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|
Term
| Corporations are not allowed to lie. The government can regulate ads that are false or misleading, deceptive or unfair, or promote unlawful or illegal goods and services; and the government can impose regulations that directly advance a substantial government interest as long as there is a reasonable fit between the regulation and the interest. |
|
Definition
| Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) |
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|
Term
|
Definition
| Government employees can be discharged, without the employer violating the First Amendment, for expressions that supervisors believe might harm the agency. Supreme Court, 2006. |
|
|
Term
| Government employees can be discharged, without the employer violating the First Amendment, for expressions that supervisors believe might harm the agency. |
|
Definition
| Garcetti v. Ceballos (2006) |
|
|
Term
| Symbolic expression is protected _____ as conventional expresion. |
|
Definition
|
|
Term
|
Definition
| Flag burning is protected expression. Supreme Court, 1989. |
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|
Term
| Flag burning is protected expression. |
|
Definition
|
|
Term
| West Virginia State Board of Education v. Barnette |
|
Definition
| There is a right not to speak. Supreme Court, 1943. |
|
|
Term
| There is a right not to speak. |
|
Definition
| West Virginia State Board of Education v. Barnette (1943) |
|
|
Term
| Anonymous expression is protected _____ as conventional expresion. |
|
Definition
|
|
Term
| We consider online media to be print media for First Amendment freedom purposes. |
|
Definition
| Reno v. American Civil Liberties Union (1997) |
|
|
Term
| Reno v. American Civil Liberties Union |
|
Definition
| We consider online media to be print media for First Amendment freedom purposes. Supreme Court, 1997. |
|
|
Term
| 3 Things Used to Differentiate Print from Broadcast |
|
Definition
| Capacity to Carry a Message, Pervasiveness, Ubiquity |
|
|
Term
| Capacity to Carry a Message, Pervasiveness, Ubiquity |
|
Definition
| 3 Things Used to Differentiate Print from Broadcast |
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|
Term
| Student journalists are bound to _____ rules as adult journalists. |
|
Definition
|
|
Term
| The more power student journalists have, the _____ liability and the _____ right to censor the school has. |
|
Definition
|
|
Term
|
Definition
| 1st Circuit: Because students decided not to publish an abstinence ad in the school paper, the school could not be liable for the content-based discrimination since the decision was student-made. First Circuit, 1997. |
|
|
Term
| Because students decided not to publish an abstinence ad in the school paper, the school could not be liable for the content-based discrimination since the decision was student-made. |
|
Definition
| Yeo v. Town of Lexington (1997), 1st Circuit |
|
|
Term
| What is the Difference Between Tinker and Hazelwood? |
|
Definition
| What is school-allowed versus what is school-sponsored |
|
|
Term
| 5 Criteria for Administrator Censorship |
|
Definition
| Materially and substantially interfere with the school. Fail to meet a certain academic standard, like poor student press work. Indecent, even if not obscene. Oppositional to health and welfare, such as sex and drugs. Viiolate the rights of other students, like a right to privacy. |
|
|
Term
| Bethel School District v. Fraser |
|
Definition
| Schools can regulate indecent material, even if not obscene. This is called the Fraser standard. Supreme Court, 1986 |
|
|
Term
| Schools can regulate indecent material, even if not obscene. |
|
Definition
| The Fraser Standard. Bethel School District v. Fraser (1986) |
|
|
Term
| 5 Differences the College Press Has over High School Press |
|
Definition
| Older audience. Virtually all the decision-making. Funded independently through student fees and ads. Not under curricular control. Colleges do not want decision-making capacity because, via implied law, less control means less liability. |
|
|
Term
| Dickey v. Alabama State Board of Education |
|
Definition
| M.D. Alabama: Recognized the rights of college editors for the first time a court had done so. The District Court found against the college dismissal of a student editor for declining to print a force-fed editorial. M.D. Alabama, 1967. |
|
|
Term
| Recognized the rights of college editors for the first time a court had done so. The court found against the college dismissal of a student editor for declining to print a force-fed editorial. |
|
Definition
| Dickey v. Alabama State Board of Education (1967) |
|
|
Term
| Lewis v. St. Cloud State University |
|
Definition
| 8th Circuit, from Minnesota Federal District: a college could not be liable for a defamatory statement printed in a school paper. 8th Circuit by Minnesota Federal District, 2006 |
|
|
Term
| Stanley v. Magrath (1983) |
|
Definition
| 8th Circuit: A college student government cannot engage in a retaliatory withholding of funding for the student newspaper. 8th Circuit, 1983. |
|
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Term
|
Definition
| 8th Circuit: While the college administrator probably should not have tried to force administrative review of the school paper, she enjoyed governmental qualified immunity from the civil rights issue because she could not have been expected to be familiar with Hazelwood to the degree that it was a clearly established principle or rule of law. 8th Circuit, 2005. |
|
|
Term
| A college could not be liable for a defamatory statement printed in a school paper. |
|
Definition
| Lewis v. St. Cloud State University (2006), 8th Circuit |
|
|
Term
| A college student government cannot engage in a retaliatory withholding of funding for the student newspaper. |
|
Definition
| Stanley v. Magrath (1983), 8th Circuit |
|
|
Term
| While the college administrator probably should not have tried to force administrative review of the school paper, she enjoyed governmental qualified immunity from the civil rights issue because she could not have been expected to be familiar with Hazelwood to the degree that it was a clearly established principle or rule of law. |
|
Definition
| Hosty v. Carter (2005), 8th Circuit |
|
|
Term
|
Definition
| 3rd Circuit: Anti-alcohol regulations in student media advertisements are unconstitutional. 3rd Circuit, 2004. |
|
|
Term
| Educational Media Co. v. Swecker |
|
Definition
| 4th Circuit: Anti-alcohol regulations in student media advertisements are constitutional. 4th Circuit, 2010. |
|
|
Term
| Anti-alcohol regulations in student media advertisements are unconstitutional. |
|
Definition
| Pitt News v. Pappert (2004), 3rd Circuit |
|
|
Term
| Anti-alcohol regulations in student media advertisements are constitutional. |
|
Definition
| Educational Media Co. v. Swecker (2010), 4th Circuit |
|
|
Term
| What Kind of Case Is Libel Usually? |
|
Definition
| Civil Tort in State Court |
|
|
Term
| _____% of Lawsuits Against American Media Are about _____ |
|
Definition
|
|
Term
|
Definition
| Media can report statements that are news within themselves, regardless of the truth of the statement. |
|
|
Term
| Media can report statements that are news within themselves, regardless of the truth of the statement. |
|
Definition
|
|
Term
| Some States Have a _____ Statute that Lessens a Libel Claim if the Story is _____ |
|
Definition
|
|
Term
|
Definition
| Only living people can sue for libel since only living people can be harmed. |
|
|
Term
| WV Libel Statute of Limitations |
|
Definition
|
|
Term
| Section 230 of the Communications Decency Act |
|
Definition
| Only the original poster, not the site, of a libelous online post is on the hook for libel, but people who repeat or duplicate the information are considered to have made a separate publication. |
|
|
Term
| Only the original poster, not the site, of a libelous online post is on the hook for libel, but people who repeat or duplicate the information are considered to have made a separate publication. |
|
Definition
| Section 230 of the Communications Decency Act |
|
|
Term
|
Definition
| strategic lawsuits against public participation |
|
|
Term
| Government Entities _____ Sue for Libel. |
|
Definition
|
|
Term
| Corporations _____ Sue for Libel |
|
Definition
|
|
Term
|
Definition
| Lower the accused's reputation with (1) a significant number of (2) right-thinking people (3) reflecting representative views |
|
|
Term
| Lower the accused's reputation with (1) a significant number of (2) right-thinking people (3) reflecting representative views |
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| Harmful when Other Information Is Applied |
|
|
Term
| # of People for Small-Group Libel |
|
Definition
|
|
Term
|
Definition
| If you republish libel, you might have libeled (unless you are merely a vendor). |
|
|
Term
| Philadelphia Newspapers v. Hepps |
|
Definition
| The burden of proof in mass media libel suits falls on the plaintiff. Supreme Court, 1986. |
|
|
Term
| The burden of proof in mass media libel suits falls on the plaintiff. |
|
Definition
| Philadelphia Newspapers v. Hepps (1986) |
|
|
Term
| Milkovich v. Lorain Journal Co. |
|
Definition
| Be careful what is called opinion. Supreme Court, 1990. |
|
|
Term
| Be careful what is called opinion. |
|
Definition
| Milkovich v. Lorain Journal Co. (1990) |
|
|
Term
|
Definition
| D.C. Circuit: To determine if something is opinion, ask the following questions, collectively called the Ollman test. (1) Can the statement be proven? (2) What is the commonly understood meaning of the language? (3) What is the journalistic context in which the statement is made? (4) What is the political and social context? D.C. Circuit, 1984. |
|
|
Term
| To determine if something is opinion, ask the following questions. (1) Can the statement be proven? (2) What is the commonly understood meaning of the language? (3) What is the journalistic context in which the statement is made? (4) What is the political and social context? |
|
Definition
| Ollman v. Evans (1984). D.C. Circuit. Ollman Test. |
|
|
Term
|
Definition
| To determine if something is opinion, ask the following questions, per Olman v. Evans (1984, D.C. Cir.). (1) Can the statement be proven? (2) What is the commonly understood meaning of the language? (3) What is the journalistic context in which the statement is made? (4) What is the political and social context? |
|
|
Term
| Things that Are Not Verifiable Factual Statements |
|
Definition
| Opinions, Humor, Rhetorical Hyperbole |
|
|
Term
| Opinions, Humor, Rhetorical Hyperbole |
|
Definition
| Things that Are Not Verifiable Factual Statements |
|
|
Term
|
Definition
| When someone's reputation is so poor in the public eye that more harm cannot possibly happen |
|
|
Term
| When someone's reputation is so poor in the public eye that more harm cannot possibly happen |
|
Definition
|
|
Term
| The Non-Privileged Rule Also Includes _____ |
|
Definition
| Privileged Information That Was Not Fairly or Accurately Reported |
|
|
Term
| Concerning Libel, Government Officials Have _____ Privilege. |
|
Definition
|
|
Term
| Concerning Libel, Reporters Have _____ Privilege. |
|
Definition
|
|
Term
| Gertz v. Robert Welch, Inc. |
|
Definition
| The actual malice standard is required for punitive damages in all libel cases, and public figures are now bundled in with public officials for libel suits. Supreme Court, 1974. |
|
|
Term
| The actual malice standard is required for punitive damages in all libel cases, and public figures are now bundled in with public officials for libel suits. |
|
Definition
| Gertz v. Robert Welch, Inc. (1974) |
|
|
Term
|
Definition
| a. Pretty much all public officials are public figures. b. People whose celebrity grants them access to the press are public figures. c. Limited-purpose public figures (famous only locally; someone famous only for certain subject matter—as long as there was a controversy ahead of time, the person voluntarily entered the controversy, and the involvement seeks to influence public opinion). |
|
|
Term
| For How Long Does Subject-Matter Public Figure Status Last? |
|
Definition
| Subject-matter public figure status lasts for life. |
|
|
Term
| For Libel Cases, States Can _____ the Burden of Proof |
|
Definition
|
|
Term
| Are journalists' time and deadline matters a consideration for fault? |
|
Definition
|
|
Term
| 9 Ways to Avoid Being Successfully Sued for Libel |
|
Definition
| Get it right. Be very careful. Take your time. Use good, on-the-record sources. Get the other side of the story. Be nice. Be familiar with terminology. Quote privileged info perfectly. Use file images and footage carefully because of identification issues. |
|
|
Term
| Get it right. Be very careful. Take your time. Use good, on-the-record sources. Get the other side of the story. Be nice. Be familiar with terminology. Quote privileged info perfectly. Use file images and footage carefully because of identification issues. |
|
Definition
| 9 Ways to Avoid Being Successfully Sued for Libel |
|
|
Term
| _____ _____ an absolute defense to libel. |
|
Definition
|
|
Term
| _____ _____ an absolute defense to invasion of privacy. |
|
Definition
|
|
Term
| Privacy Is Not Explicity Mentioned Where? |
|
Definition
|
|
Term
|
Definition
| Through judicial activism, the Supreme Court determined that the constitution provides for an implicit right to privacy. Supreme Court, 1965. |
|
|
Term
| Through judicial activism, the Supreme Court determined that the constitution provides for an implicit right to privacy. |
|
Definition
| Griswold v. Connecticut (1965) |
|
|
Term
|
Definition
| Trespass, Secret Surveillance, Misrepresentation |
|
|
Term
| Trespass, Secret Surveillance, Misrepresentation |
|
Definition
|
|
Term
| When can a private conversation can be recorded legally in West Virginia? |
|
Definition
| When at least one party to the conversation knows about the recording |
|
|
Term
|
Definition
| Stolen or illegally obtained materials could be aired or printed by the media, without liability attaching, as long as the media did not steal it or encourage it to be stolen. Supreme Court, 2001. |
|
|
Term
| Stolen or illegally obtained materials could be aired or printed by the media, without liability attaching, as long as the media did not steal it or encourage it to be stolen. |
|
Definition
| Bartnicki v. Vopper (2001) |
|
|
Term
| Cox Broadcasting Corp. v. Cohn |
|
Definition
| Use of public records does not constitute an invasion of privacy. Supreme Court, 1975. |
|
|
Term
| Use of public records does not constitute an invasion of privacy. |
|
Definition
| Cox Broadcasting Corp. v. Cohn (1975) |
|
|
Term
| False-Light Depictions Must Be _____ |
|
Definition
| highly offensive to a reasonable person |
|
|
Term
| In False-Light Cases, Some States Require An _____ Standard |
|
Definition
|
|
Term
| 2 Types of False-Light Depictions |
|
Definition
| Fictionalized and Contextualized |
|
|
Term
| More Common Type of False-Light Depiction |
|
Definition
|
|
Term
|
Definition
| first media invasion of privacy case at the Supreme Court. 1967. |
|
|
Term
| first media invasion of privacy case at the Supreme Court |
|
Definition
| Time, Inc. v. Hill (1967) |
|
|
Term
| Cantrell v. Forest City Publishing Co. |
|
Definition
| West Virginia Case in which the Cleveland Plain Dealer Wrote a Story as if They Had Spoken to Mrs. Cantrell, but They Had Not. Contextual False-Light Invasion Case. Supreme Court, 1974. |
|
|
Term
| West Virginia Case in which the Cleveland Plain Dealer Wrote a Story as if They Had Spoken to Woman, but They Had Not. Contextual False-Light Invasion Case. |
|
Definition
| Cantrell v. Forest City Publishing Co. (1974) |
|
|
Term
| Children or Disabled People Cannot _____ with Repsect to Misappropriation |
|
Definition
|
|
Term
| Some Court Have Said that Consent _____ with Respect to Misappropriation |
|
Definition
|
|
Term
| _____ Ads Do Not Require Consent |
|
Definition
|
|
Term
|
Definition
| Newsworthy names and photos may be used in incidental advertising as long as that person will be used in the dissemination advertised. |
|
|
Term
| Newsworthy names and photos may be used in incidental advertising as long as that person will be used in the dissemination advertised. |
|
Definition
|
|
Term
| Right to Privacy v. Right to Publicity |
|
Definition
| The former disappears when you die, while the latter does not. |
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|
