JRN 430 Mid-Term Questions And Answers
SLAPP lawsuits Lawsuits whose purpose is to harass critics into silence, often to suppress
those critics' First Amendment rights.
Libel per se Libel on its face; obvious
Libel per quod Not obvious; assemble pieces
Types of Damages in Libel Suits Actual damages (compensation)
Assumed damages (court assumes reputation was ruined but plaintiff can't prove actual damage)
Punitive damages (punish defense)
Burden of Proof for public person actual malice
burden of proof for private person negligence
O'Brien Test A 4-part test used to determine whether govt. regulation on symbolic speech
is constitutional. 1. Is regulation within constitutional power of govt.? 2. Does regulation further
, JRN 430 Mid-Term Questions And Answers
substantial govt. interest? 3. Is govt. interest unrelated to suppression of free expression? 4. Is
incidental restriction of expression no greater than needed?....if all YES, regulation IS
constitutional. So, O'Brien did not have right to burn draft card.
John Peter Zenger New York publisher who was taken to court for criticizing the governor
of New York. Defended it by saying what he published was TRUE via Andrew Hamilton.
libel tourism the act of suing a writer for alleged defamation in a foreign jurisdiction
where there are weaker libel laws
Times when Prior Restraint is justified 1. Movement of Troop Ships (National Security)
2. Clear and Present Danger
3. Obscenity
Tort Case of civil action (Ex: libel)
Lowest Court District
Middle Court Court of Appeals
, JRN 430 Mid-Term Questions And Answers
Highest Court Supreme Court
Lowest court(s) in Michigan Circuit and District
Legislative Branch Senate (100 members) and House of Representatives (435 members)
Judicial Branch Supreme Court
Executive Branch President, Vice President, Cabinet
What branch can be F.O.I.A'd? Executive Branch ONLY
1st Amendment Rights Freedom of Religion, Speech, Press, Assembly, and Petition
Criminal Speech Child Pornography
SLAPP lawsuits Lawsuits whose purpose is to harass critics into silence, often to suppress
those critics' First Amendment rights.
Libel per se Libel on its face; obvious
Libel per quod Not obvious; assemble pieces
Types of Damages in Libel Suits Actual damages (compensation)
Assumed damages (court assumes reputation was ruined but plaintiff can't prove actual damage)
Punitive damages (punish defense)
Burden of Proof for public person actual malice
burden of proof for private person negligence
O'Brien Test A 4-part test used to determine whether govt. regulation on symbolic speech
is constitutional. 1. Is regulation within constitutional power of govt.? 2. Does regulation further
, JRN 430 Mid-Term Questions And Answers
substantial govt. interest? 3. Is govt. interest unrelated to suppression of free expression? 4. Is
incidental restriction of expression no greater than needed?....if all YES, regulation IS
constitutional. So, O'Brien did not have right to burn draft card.
John Peter Zenger New York publisher who was taken to court for criticizing the governor
of New York. Defended it by saying what he published was TRUE via Andrew Hamilton.
libel tourism the act of suing a writer for alleged defamation in a foreign jurisdiction
where there are weaker libel laws
Times when Prior Restraint is justified 1. Movement of Troop Ships (National Security)
2. Clear and Present Danger
3. Obscenity
Tort Case of civil action (Ex: libel)
Lowest Court District
Middle Court Court of Appeals
, JRN 430 Mid-Term Questions And Answers
Highest Court Supreme Court
Lowest court(s) in Michigan Circuit and District
Legislative Branch Senate (100 members) and House of Representatives (435 members)
Judicial Branch Supreme Court
Executive Branch President, Vice President, Cabinet
What branch can be F.O.I.A'd? Executive Branch ONLY
1st Amendment Rights Freedom of Religion, Speech, Press, Assembly, and Petition
Criminal Speech Child Pornography
