Constitutional Law: Freedom of Speech and Press, Study notes of Communication

Download Constitutional Law: Freedom of Speech and Press and more Study notes Communication in PDF only on Docsity! CHAPTER 7 -- Political Speech What was the constitutional status of corporate speech before Bellotti? What is the difference between a contribution and an expenditure? What did Bellotti allow corporations to do? How did the Consolidated Edison case expand protection for corporate speech? How did the Pacific Gas & Electric case expand protection for corporate speech? What is the purpose of the Federal Election Campaign Act of 1971 and what does it prohibit? What does FECA apply to? What doesn't it apply to? What kinds of corporate participation is allowed in elections? Can corporations support PACs? To what extent? How? Who can corporations and unions solicit funds from? What are the limits on contributions by PACs? To PACs? By individuals to individuals? What are the disclosure requirements under FECA? Who is required to register as a lobbyist under the Lobbying and Disclosure Act of 1995? What must registered lobbyists do to comply with the Act? Who is excluded from the Act's requirements? What does the Foreign Agents Registration Act require? Why is broadcasting regulated? What are the duties and powers of the FCC under the Communications Act of 1934? What is the “fairness doctrine”? What remains of the FCC’s “fairness” policies? What is the Zapple Rule? Political Editorial Rule? What is the Personal Attack Rule? What is the status of these rules? What are the Equal Opportunities Rule and Reasonable Access Rule? What does it mean to be a “legally qualified” political candidate under the equal opportunities rule? Can the FCC censor indecency in a political advertisement? CHAPTER 8 -- Commercial Speech Why did the Supreme Court say that commercial speech should be protected in Virginia Board of Pharmacy? Does commercial speech get the same amount of protection as political speech? Why or why not? Is commercial speech protected under the First Amendment to protect the listener or the speaker? What is the 4-part test the Court developed in the Central Hudson case to determine whether speak is protected under the commercial speech doctrine? Can unfair and/or deceptive advertising be banned outright? What three factors are considered in determining whether an ad is deceptive? What are the categories of implied falsehoods? Are states allowed to regulate advertising? Under what conditions? What is the federal agency chiefly responsible for regulating advertising? What are the types of remedies available to the federal government to stop false or misleading advertising? What types of remedies are open to competitors? What types of remedies are open to consumers? What are the rules governing advertising of lotteries and contests? Can the media refuse to run advertising? Under what circumstances can they not? In what ways does the advertising industry regulate itself? Chapter 9 – Obscenity How did the U.S. Supreme Court define obscenity in the Miller case? What level of First Amendment protection does obscenity receive? Is it legal to possess obscenity in the United States, as long as it shows adults? Is it legal to buy, sell, or distribute obscenity? Can non-obscene sexual expression be regulated? In what ways? What is indecency in broadcasting? How is it regulated? How does the regulation of indecency differ from the regulation of obscenity? What are CPPA, COPA and CIPA? How do they differ? How have each of the online statutes fared in court? CHAPTER 10 What constitutional rights and liberties are in conflict in high-profile criminal proceedings? What types of pretrial publicity may be considered prejudicial? What are the judicial remedies for combating prejudicial pretrial publicity, other than a prior restraint on the media? How is a peremptory challenge used? What is a "for cause" challenge? On what bases are peremptory challenges forbidden according to the U.S. Supreme Court? To ensure a fair trial, what options should a court consider before placing a prior restraint on the press? Under what circumstances can subsequent punishment be used as a possible restraint on the press in covering judicial proceedings? What are the bases for allowing restraints on news sources? What should a journalist do if directed by the judge to leave the courtroom for the remainder of a proceeding? In what two circumstances might the Supreme Court overturn a conviction based on pretrial publicity? What can the judge do to punish disrespect in the court? What is a grand jury? Are grand jury proceedings open to the press? Are trials open to the press? Pre-trial hearings? Under what circumstances can they be closed? Can jury selection be closed? Under what circumstances? Are juvenile court proceedings usually open or closed? What are contempt proceedings? How are they used? Compare and contrast the different types of contempt. What is the view of the U.S. Supreme Court regarding cameras in the courtroom? What is the status of allowing cameras in all courts? What are the arguments for and against having cameras in the courts? CHAPTER 11 - Protection of News Sources, Notes and Tapes Does a journalist have a privilege not to reveal confidential sources? Can a court require a journalist to reveal a source? What did the court say about protecting sources in Branzburg v. Hayes? Why did the court reject the privilege? What did the court say about creating privileges for journalists? Why is Justice Potter Stewart's dissent in Branzburg important? What is a shield law? Why are state shield laws established? How many states have them? Do state shield laws provide absolute protection to reporters?