JOUR303 MIDTERM GUIDE
4-Step Process for Determining What a Law Is
1. Read the law
2. Look at the precedent
3. Look at the lawmakers
4. Look at the history of the times
If the 1st Amendment protects anything it protects ________________.
political speech
6 Rationales for Abridging the 1...
4-Step Process for Determining What a Law Is
1. Read the law
2. Look at the precedent
3. Look at the lawmakers
4. Look at the history of the times
If the 1st Amendment protects anything it protects ________________.
political speech
6 Rationales for Abridging the 1st Amendment
1. "Yes, but..."
2. "No, not protected at all" (i.e. criminal speech, pornographic speech)
3. "Somewhat" (i.e. commercial speech, broadcast speech)
4. Time/Place/Manner (a. Content neutral, b. Reasonable, c. Cannot ban)
5. Expressive Conduct
6. Secondary/Derivative
Schenck v. United States (1919)
United States Supreme Court decision which ruled that government can limit free
speech if the speech provokes a "clear and present danger" of substantive evils.
Abrams v. United States (1919)
United States Supreme Court decision which upheld the Espionage Act, making it illegal
to curtail war production or the progress of war.
Gitlow v. New York (1925)
The U.S. Supreme Court ruled that the U.S. Constitution's First Amendment protection
of free speech applies also to state governments.
Brandenburg v. Ohio (1969)
The Supreme Court established that speech advocating illegal conduct is protected
under the First Amendment unless the speech is likely to incite "imminent lawless
action."
Citizens United v. Federal Election Commission (2010)
The U.S. Supreme Court ruled that laws that prevented corporations and unions from
using their general treasury funds for independent "electioneering communications"
(political advertising) violated the First Amendment's guarantee of freedom of speech.
New York Times & Washington Post v United States (1971)
The Supreme Court held that the government must meet a heavy burden of justification
before it can restrain the press from exercising its First Amendment right to publish.
Valentine v. Chrestensen (1942)
- The Supreme Court ruled unanimously that commercial speech is not protected by the
First Amendment.
- This case was what decided that commercial speech would not be protected by the 1st
Amendment
Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)
The Supreme Court established a four-part test for determining when commercial
speech can be regulated without violating the Constitution.
What are the 4 sources from which law originates?
, 1. Case Law
2. Statues & Ordinances
3. Constitutional Law
4. Administrative Law
What are the 3 branches of government?
1. Legislative
2. Executive
3. Judicial
Why is the U.S. Constitution considered the "highest law"?
It sets out the framework of the federal government, including its division into executive,
legislative, and judicial branches, and provides guidelines for the government's
operation.
Why are constitutions considered the "most powerful" laws?
It is the most fundamental law of a particular jurisdiction and specifies the government's
form, functions, and operating procedures. It also sets a relationship between
government and the people.
Why do state constitutions tend to be similar to the federal constitution?
Most states joined the Union after the adoption of the federal Constitution and,
according to the U.S. Constitution's rules for admission of new states, the constitution of
each applicant state must be approved by Congress.
What is the function of the Bill of Rights?
Serves as a model for other nations and as a focal point of hope and inspiration for
oppressed people in America and around the globe.
(First ten amendments)
Doctrine of Judicial Review
Principle that the courts have authority to review and declare unconstitutional the
actions of other branches of government
Who is the final authority on the meaning of the U.S. Constitution?
The U.S. Supreme Court; their interpretations must be followed by all other federal and
state courts when the federal Constitution is at issue.
Statute
A written law passed by a legislative body.
Statutory Law
Refers to the actual language of the legislative enactments as well as any official
interpretations rendered by the courts.
Ordinances
County commissions, city councils, and similar elected bodies pass laws that relate to
their local jurisdictions. They are referred to as ordinances on the city level.
Common Law
Case law where judges may create original legal rules as needed to resolve disputes.
Doctrine of Precedent
The principle that courts are bound by their prior decisions or by the decisions of their
superior courts. Helps court decisions become reliable guides upon which future
conduct may be based
Tort
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