First Amendment Rights and Commercial Speech: A Comprehensive Study, Quizzes of Mass Communication

Download First Amendment Rights and Commercial Speech: A Comprehensive Study and more Quizzes Mass Communication in PDF only on Docsity! TERM 1 checking function of press DEFINITION 1 Blasi. watchdog function of press. 4th branch TERM 2 attainment of truth DEFINITION 2 rationale decisions come from consideration of all facts. market place of ideas. people must decide what they believe after hearing all opinions TERM 3 Bolger Test DEFINITION 3 is speaker a commercial speaker? is content aimed at reaching a commercial audience? are there represenations of fact of a commercial nature about products/services. dont have to met all 3 TERM 4 Bolger vs. Youngs drugs DEFINITION 4 made Bolger test about if speech is commercial. company wasnt doing poltiical speech by associating sales with social issues of STDs Bolger test TERM 5 Bradenburg vs OHio DEFINITION 5 incitement. Bradenburg spoke at KKK rally. wasnt incitement b/c didnt contain illegal advoacy for other people to go do illegal things. no direct aciton bc of speech TERM 6 CEntral hudson test DEFINITION 6 when can govt regulate commercial speech? Subject to intermediate scrutiny. 1. does regulation restrict protected comm speech? is SGI? does regulation directly and materially advance SGI? is regulation narrowly tailored? TERM 7 Change w/ stability DEFINITION 7 Emerson. allows for safe transitions in govt. TERM 8 Chaplinksy vs NH DEFINITION 8 established Fighting words doctine. man called marshall a GD fascist. TERM 9 Citizens United vs FEC DEFINITION 9 corporations allowed to make independent expenditures to candidates. people have right to recieve info, corp has right to disseminate info. still required to disclose who paid. can limit contributions, not expenditures TERM 10 Cohen vs CA DEFINITION 10 Fuck the draft. SC said couldnt charge Cohen b/c was a peaceful protest, not inctiment or fighting words.didnt disturb the peace TERM 21 Nike vs Kaskey DEFINITION 21 used Bolger test. Nike used press releases, claimed weren't commercial speech. SC determind it was commercial speech w/ Bolger test, remanded it back to trial TERM 22 Obrien case DEFINITION 22 Content nuetral regulations. let to obrien test. Burning draft card. conduct regulations TERM 23 Obrien test DEFINITION 23 for content nuetral. does regulation serve substainal govt interest? Does this SGI doesnt restrict free expression? is the regulation narrowly tailored? TERM 24 Pacific Gas and Electric vs CA DEFINITION 24 compelled speech. strict scrutiny test. CGI was fair/effective rates. SC said state failed w LRM. govt trying to get company to put inserts from public group into bills TERM 25 Planned Parenthood vs ACLA DEFINITION 25 true threats. TERM 26 Prior restraint test DEFINITION 26 to allow a prior restraint, govt must prove serious immenint danger, restaining speech would alleviate the danger, no other effective alternatives, restrainst is not vague or overbroad TERM 27 RAV vs City of st paul DEFINITION 27 fighting words/ hate speech. ordinance said couldnt burn crosses in yards, SC said ordinance was under inclusive (didn't include all ways to discriminate) and had viewpoint discrimination (favoring some viewpoints but not others) TERM 28 Reno vs ACLU DEFINITION 28 overbroad and vague regulation. Act criminalized online communications for minors that were either obscene OR indecent OR patently offensive. no defintion for indecent or patently offensive. overbroad b/c restricted too many types of speech. vague b/c chilling effect, making people fearful that they will be indecent since no proper definition TERM 29 Rice vs Paladin enterprises DEFINITION 29 Incitement. man used steps in book to commit murder. Book was unprotected b/c incited man with instructions TERM 30 Scheck vs US DEFINITION 30 scheck arrest const. Clear and present danger. Yelling fire in a theater isnt protected speech. TERM 31 self fulfillment DEFINITION 31 john locke.free expression is fundamental right TERM 32 self governance and democracy DEFINITION 32 Alex Mikeljohn. free expression allows us to be informed participants in our democracy TERM 33 Simon and schuster vs NY DEFINITION 33 content based regulation, scrict scrutiny test. SC said law prohibiting making profit off criminals book was unconst b/c restricting 1st amendment. prior restrainst. TERM 34 strict constitutional scrutiny test DEFINITION 34 for content based reguations. does regulation serve compelling govt interest? is regulation done with least restrictive means? TERM 35 Tinker vs Des Moines DEFINITION 35 student wore black arm band. symbollic expression is protected.