Exam #1 Study Guide

COMM 4454 Study Guide

Exam #1

Spring 2001

Chapter 1: Be able to write the First Amendment to the U.S. Constitution verbatim. Know that the first 10 Amendments to the U.S. Constitution are the Bill of Rights. Define law. What is common law? Is it deductive or inductive? What is precedent? Why is it important? What is stare decisis? What is law of equity? What are judicial decrees? Statutory law? Constitutional law? Administrative rules? Be able to give examples of administrative agencies. What is summary contempt power? Be able to identify the parts of a legal citation (p. 7). This means know how to pick out the case name, the volume of the case reporter, the name of the case reporter, the page number, and the year of the decision. What are the three branches of government and their functions? Distinguish between fact and law. What are trial courts? Appellate courts? How is the federal court system organized (think hierarchy)? When was the Supreme Court of the U.S. established? How many justices total? What is the usual procedure when the Supreme Court hears a case? What is an oral argument? What are the two ways a case comes before the Supreme Court? Which is the most common? The Supreme Court writes opinions. What is a court opinion? Concurring opinion? Dissenting opinion? Per curiam opinion? Memorandum order? Other federal courts include federal district courts, which are considered trial courts. How many federal appeals courts are there? How many judges typically hear a case? What is an en banc hearing? What is judicial review? In civil law suits: Who is the plaintiff? Who is the defendant? What about criminal law suits? What is demurrer? What is a verdict? Judgement of the court? Appellant? Appelle?

Chapter 2: What is seditious libel? Where did it develop? Who is John Peter Zenger? What is the significance of his acquittal? When was the U.S. Constitution ratified? When was the First Amendment adopted? There are five First Amendment theories judges use to decide cases. Know them and being able to describe their basic characteristics. Absolutist theory? Ad hoc balancing theory? Preferred position-balancing theory? Meiklejohnian theory? Access theory? On pages 47-48 there are critical dates in the history of sedition law. Be familiar with those events. Know Schenck v. U.S. (1919)…Justice Oliver Wendell Holmes penned the first test for Clear and Present Danger. Know Whitney v. California (1927) and Justice Brandeis’ sedition test and definition of clear and present danger. Know Gitlow v. New York (1925) and its importance (p. 35). Know Brandenburg v. Ohio (1969) and how it attempted to reconcile the First Amendment and sedition law. What is prior restraint? Know the significance of Near v. Minnesota (1931). Know the significance of Austin v. Keefe (1971). Be able to describe the importance of the Pentagon Papers Case and the Progressive Magazine case in terms of prior restraint. Be prepared to use examples from the John Stossel report, "You Can’t Say That!" (e.g., the bald man with the F-word on his head; death row inmates wanting to say last words; sexual harassment case because of "Seinfeld episode, etc.) to answer a general question about First Amendment freedom. Similar to the writing exercise in class.

Chapter 3: Wartime prior restraint has led to the use of press pools. What are press pools? Are they effective? Offer a couple of examples to illustrate how press pools work and whether or not they have been successful. Censorship in High School: Know Tinker v. Des Moines (1969) and its significance. Know the significance of the Hazelwood case (Kuhlmeier v. Hazelwood School District (1986). How can a high school newspaper be censored? To answer this one must ask whether the school is public or private and what type of newspaper. What are the three categories of newspapers? Hazelwood dealt with which type? What are the five criteria used to censor high school newspapers that are part of a journalism class? What is the significance of Dickey v. Alabama State Board of Education (1967)? Know the Kentucky State Yearbook case and its significance (Kincaid v. Gibson (1999)). How do college newspapers differ from high school newspapers? What are three reasons for censoring a college newspaper? What are time, place and manner restrictions? What are four criteria that must be considered to determine if prior restraint is constitutional? Know Forsyth County v. The Nationalist Movement (1992) (p. 101). Know Statesboro Publishing Company v. City of Sylvania (1999) (p. 103). Provide examples of a traditional public forum, designated public forum, public property not a public forum, and private property. Know Lovell v. Griffin (1938) (p. 105). What are the Son of Sam laws? What is hate speech? What are fighting words? Know Chaplinsky v. New Hampshire (1942). Know Gooding v. Wilson (1972). Know Village of Skokie v. National Socialist Party (1978). Know R. A. V. v. St. Paul (1992). Which media has the most First Amendment protection? The least, besides telephone? In between? What about the Internet? What are the four criteria to distinguish among media in order to determine the level of First Amendment protection? Know Reno v. American Civil Liberties Union (1997).

Chapters 4, 5, 6: Define defamation. Define libel. Define slander. What are the 8 most sensitive categories of defamation discussed in class? Who can be a plaintiff in a libel suit? What are the five things a plaintiff must prove in a libel suit? Be able to describe the five areas in some detail. How many people must hear or read a libelous statement for it to be considered libelous? Does identification have to always be by name? What if a group of people is libeled; can one person sue for libel because they are part of the group? Know New York Times v. Sullivan (1964) very well and its significance. What is fault? What is negligence? What is actual malice? What does reckless disregard mean? Who is considered a public official? Who is considered a limited-purpose public figure? What is the significance of Curtis Publishing Co. v. Butts (1967) and AP v. Walker (1967)? What is the significance of Gertz v. Welch (1974)? What is the Ollman test? What is the three-part test for the fair comment defense? Is opinion protected by the First Amendment? If so, are there different types of opinions? What are defenses for libel? Consider truth, absolute privilege, and qualified privilege. What type of damages can be awarded in a libel suit? What are possible ways to lessen damages in a libel suit?