First Amendment Rights and Protections: A Comprehensive Guide, Quizzes of Communication

Download First Amendment Rights and Protections: A Comprehensive Guide and more Quizzes Communication in PDF only on Docsity! TERM 1 First Amendment Rights DEFINITION 1 1) Speech2) Press3) Religion4) Right to peacefully assemble5) Right to petition the government*Covers both expression and conduct TERM 2 Reasons to Cherish First Amendment DEFINITION 2 -Promote democracy-Marketplace of ideas- free flow of information-Opinion TERM 3 What doesn't the First Amendment protect? DEFINITION 3 -National security-Incitement to violence-Obscenity-Fighting words (hate speech is protected) TERM 4 Libel DEFINITION 4 -Harm to someone's reputation-NY Times v. Sullivan (actual malice or reckless disregard for the truth) TERM 5 5 Things a libel plaintiff must prove: DEFINITION 5 1) A defamatory statement was made2) Statement is fact, not opinion3)The statement is false4) Of and about the plaintiff5) Required amount of "fault" TERM 6 Libel: Public official/figure vs. Private individual DEFINITION 6 Public official - actual malicePublic figure - actual malicePrivate individual - negligence TERM 7 Defenses to Libel DEFINITION 7 1) Fair comment or criticism2) Fair and accurate report3) Neutral reportage TERM 8 Invasion of Privacy (4 Types) DEFINITION 8 1) False light2) Disclosure of private facts3) Appropriation4) Intrusion: physical/electronic TERM 9 Access to Information: Meetings DEFINITION 9 -Statutory law-Prior notice of the meeting at least 24 hours before, with a copy of the notice at the place of the meeting or at the bodys official office; -allow public comment, allow recording of the meeting by audience, have recorded minutes of the proceedings -Have open meetings- public bodies many not close their meetings to the public without narrowly defined exceptions: -Personnel; litigation; security threats; labor negotiations; real estate TERM 10 Access to Information: Public Records DEFINITION 10 -FOIA- 20 days to respond-Police report : Public record vs. Investigation report : not publicExemptions: National defense, foreign policy, personnel or medical files, regulation and supervision of financial institutions TERM 21 Commercial Speech DEFINITION 21 1) Speech where the speaker is more likely to be engaged in commerce 2) Where the intended audience is commercial or actual or potential consumers 3) Where the content of the message is commercial in character TERM 22 When is commercial speech protected/not protected? DEFINITION 22 -Commercial speech is protected by First Amendment unless...1) Is the speech false or misleading?2) Or does it pertain to an unlawful product or service?If either of these are true it does not receive First Amendment protection. TERM 23 Does a reporter have the right to gather information to write a news story? DEFINITION 23 No. Not protected under the First Amendment TERM 24 Brandburg v. Ohio: Incitement to Violence Test DEFINITION 24 1) incitement to illegal action or violence2) Is the conduct imminent?3) Is it likely to actually happen? TERM 25 Near v. Minnesota DEFINITION 25 -Prior restraint-The government cannot pursue prior restraint of a publication without the standard of a threat to national security, obscenity or incitement to violence. The publication of opinion, even hate speech is protected. TERM 26 Miami Herald v. Tornillo DEFINITION 26 -Compelled speech-It is unconstitutional for a public official to demand a retraction in a newspaper. The government cannot restrict the content of publication and also cannot tell them what to print. TERM 27 NY Times v. Sullivan DEFINITION 27 -Libel standard-Set the standard to prove libel-Must be: 1) False information 2) Made with actual malice or reckless disregard for the truth-Burden of proving the information is false (proving libel) is the person being libeled. TERM 28 Brandenburg v. Ohio DEFINITION 28 -Incitement Test1) incitement toillegal action or violence2) Is the conductimminent?3) Is itlikely to actually happen? TERM 29 Red Lion v. FCC DEFINITION 29 -Telecommunications-FCC has a right to regulate programming on FCC broadcasting-Fairness Doctrine: Equal Opportunity Rule (If you're going to say something about someone (personally attacked/editorially opposed) you have to give them equal opportunity/time to refute/respond to what is said) (still pertains to Federal elections) TERM 30 Nebraska Press v. Stuart DEFINITION 30 -Courts standards to close courtroom to public/press- Cannot close a courtroom w/o substantial reasoning that effect the case TERM 31 Richmond Newspapers v. Virginia DEFINITION 31 -Right to open courts-*6th Amendment guarantees defendant a public trial, not the right to a privatetrial.-History of open, public support, therapeutic value, people attend trials through press, right of assembly TERM 32 Branzburg v. Hayes DEFINITION 32 -No special privilege for reporters-Reporter did not want to give up his sources, but PUBLIC RIGHTS = PRESS RIGHTS TERM 33 Harper Row v. Nation DEFINITION 33 -Fair Use Test-Ford Memoirs1) How transformative is the use?2) Did it merely supplant the original?3) Did it decrease potential market value of the original? TERM 34 Sony v. Universal DEFINITION 34 -Copyright ruling-DVDs TERM 35 Central Hudson Test DEFINITION 35 -Commercial Speech -Commercial speech receives some protection from the First Amendments as long as the speech is: 1) truthful and non-misleading (non-deceptive) 2) and not promoting an unlawful transaction