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MEJO 341 exam | Questions with Verified Answers
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MEJO 341 exam | Questions with Verified Answers
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MEJO 341 exam | Questions with VerifiedAnswers
Civil Media Law Issues - ✔✔Libel, invasion of privacy, right of publicity, breach of contract,
fraud, copyright
Criminal Media Law Issues - ✔✔Copyright potentially (piracy), obscenity, child pornography,
laws that regulate threats, harassment, etc.
Parties in a Civil Case - ✔✔Plaintiff vs. Defendant
Parties in a Criminal Case - ✔✔prosecutor and defendant
What is sought in a Civil Case? - ✔✔Money (most of the time), injunction, declaratory
judgement
Declaratory Judgment - ✔✔A judge's statement about someone's rights. For example, a
plaintiff may seek a declaratory judgment that a particular statute, as written, violates some
constitutional right.
What is sought in a criminal case? - ✔✔Jail time, fines, probation
Federal Statutes - ✔✔Laws passed by the U.S. Congress
Regulations - ✔✔Rules made by federal agencies to implement statutes
Executive Orders - ✔✔directives that set forth a procedure, or otherwise declare how an
agency within the executive branch shall operate; implemented by the president (or governor)
,Cases - ✔✔opinions published by the court upon decisions
Common Law/Case Law - ✔✔collective body of case opinions
Judicial Review - ✔✔It is the right of the court to declare any law or official governmental
action invalid because it violates a constitutional provision
Marbury v. Madison (1803) - ✔✔Established judicial review; Chief Justice John Marshall
What speech can gov't restrict? - ✔✔Can ban libel, obscenity or speech that presents a clear
and present danger. Can implement time, place and manner restrictions
Viewpoint Discrimination - ✔✔unconstitutional government regulation of speech expressing
a particular view on a subject
laws of general application - ✔✔Find out
Rational Basis Review - ✔✔Lowest form of scrutiny. To pass rational basis review, (1) the
government must have a legitimate state interest in regulating the matter, and (2) there must
be a rational connection between the law's means and goals.Categories of speech, such as
obscenity, libel, and "fighting words", receive no protection under the First Amendment. Any
restrictions on such low-value speech are subject to only rational basis review under the due
process clause. Usually, the law is upheld.
Content-based laws - ✔✔laws enacted because of the message, the subject matter or the
ideas expressed in the regulated speech; usually not upheld; gov't must prove that the
regulation is (1) necessary to serve (2) a compelling state interest and (3) is narrowly drawn to
achieve that end.
, Content-neutral laws - ✔✔Laws that regulate all speech regardless of the content. Subject to
intermediate scrutiny:
(1) the government can show that (2) the regulations advance significant interests unrelated to
the suppression of speech, and (3) they do not burden substantially more speech than
necessary or are narrowly tailored to further those interests
Time, Place, and Manner - ✔✔Limits that government can impose on the occasion, location,
and type of individual expression in some circumstances; indirectly limit the freedom of speech
while achieving other important government objectives; subject to intermediate scrutiny
Founders' Influences for 1st Amendment - ✔✔Seditious libel, licensing and prior restraint
Seditious Libel - ✔✔communication meant to incite people to change the government;
criticism of the government
Licensing - ✔✔the requirement in England of those who wanted to print publications to
become licensed first
Prior Restraint - ✔✔government censorship of information before it is published or
broadcast
New York Times v. U.S. (1971) - ✔✔Ruled that in order to exercise restraint, the Government
must show sufficient evidence that the publication would cause a "grave and irreparable"
danger to U.S. national security
Reed v. Town of Gilbert (2015) - ✔✔Ruled that a city sign ordinance that had different
requirements and rules for certain types of signs was unconstitutional because it was content-
based and didn't pass strict scrutiny
John Milton - ✔✔1644; Criticized English licensing program; believed that ideas should be
able to grapple and that the "truth will prevail"
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