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JRN 430 Mid-Term Questions And Answers

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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 d...

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  • October 19, 2024
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  • Exam (elaborations)
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  • JRN 430
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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

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