JRN 430 Midterm answers
Chapter 1
Rule of LawThe framework of a society in which pre-established norms and
procedures provide for consistent, neutral decision making
All individuals and private entities are accountable under the law
Clear, public, stable, just, applied evenly, & prot...
Rule of Law✔✔The framework of a society in which pre-established norms and
procedures provide for consistent, neutral decision making
All individuals and private entities are accountable under the law
Clear, public, stable, just, applied evenly, & protect fundamental rights
Precedent✔✔Case judgement that establishes binding and guiding principles for
cases to follow on closely analogues questions of law within the courts jurisdiction
Not absolutely binding or always followed
Stare Decisis✔✔The courts look to the past/similar issues to guide their decisions
Jurisdiction✔✔The geographic or topical area of responsibility and authority of a
court
Marbury vs. Madison✔✔Case in which the supreme court first asserted the power of
Judicial review in finding that the congressional statue expanding the Court's original
jurisdiction was unconstitutional
Amicus Brief✔✔A submission to the court from an amicus curiae, or "friend of the
court," an interested individual or organization who is not party in the case.
Judicial Review✔✔Review by the US Supreme Court of the constitutional validity of
a legislative act.
Common Law✔✔Unwritten, judge made law consisting of rules and principles
developed through custom and precedent
Civil Law✔✔Deals with behavior that constitutes an injury to an individual or other
private party like a corporation
Defamation✔✔Act of harming or ruining another's reputation
FIRAC✔✔A method used to analyze cases; stands for facts, issues, rules and
references, analysis, and conclusions
Chapter 2✔✔
Means of Censorship✔✔Direct and Visible
- direct violence/intimidation of journalists
- lawsuits/threat of lawsuits
Direct and Stealthy
- Bribing
Indirect and Visible
- controlling access to inputs
, financial pressures
Indirect and Stealthy
-purchases of independent media companies by government
Values of Free Speech✔✔Individual liberty, self-government, limited government
power, attainment of truth, safety valve, its own end
Strict Scrutiny✔✔A Supreme Court test to see if a law denies equal protection
because it does not serve a compelling state interest and is not narrowly tailored to
achieve that goal
Content Neutral Laws✔✔Laws enacted to advance a government purpose unrelated
to the content of speech
Laws of General Application✔✔Laws such as tax and equal employment laws that
fall within the express power of government. Laws of general application are
generally reviewed under minimum scrutiny
Rational Review✔✔A standard of judicial review that assumes the constitutionality of
reasonable legislative or administrative enactments and applies minimum scrutiny to
their review
Content Based Laws✔✔Laws enacted because of the message, the subject matter
or the ideas expressed in the regulated speech
Compelling Interest✔✔A government interest of the highest order, an interest the
government is required to protect
Time/Place/Manner Laws✔✔A First Amendment concept that laws regulating the
conditions of speech are more acceptable than those regulating content; also, the
laws that regulate these conditions
Symbolic Expression✔✔Action that warrants some First Amendment protection
because its primary purpose is to express ideas
Intermediate Scrutiny✔✔A standard applied by the courts to review laws that
implicate core constitutional values (heightened review)
O'Brien Test✔✔A three-part test used to determine whether a content-neutral law is
constitutional
- is not relates to the suppression of speech
- advances an important government interest
- narrowly tailored to achieve that interest with only an incidental restriction of free
expression
Important Government Interest✔✔An interest of the government that is substantial or
significant (i.e., more than merely convenient or reasonable) but not compelling
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