Basic principles of Communications Law
1.1 – 1.2 Communications law overview
Why do we study communications law?
John Stuart Mill said that censorship deprives people. How did he explain that idea?
Why does communications law focus on court cases?
What is natural rights theory?
The principle in law is so important that it is engraved on the entranceway to the US Supreme Court. What is it?
What is “due process” ?
What is the most basic concept of democratic government? Where does political power come from?
What do we call the principle that laws need to be in harmony with the constitution?
What is stare decisis?
The structure of a three part government is based on the concept of ______ of powers.
1.3. Legal systems
In some countries the legal systems are based strictly on legislation. In others the systems are based on court cases and precedent. Which kind do you have?
In what kind of system are court opinions and precedents the most important factors in determining the outcome of any given case?
In what kind of system are laws made by a parliament or legislature determine the outcome of any given case, and courts do not review legislation for constitutionality?
What are the five sources of law in the US system?
What are the two main categories (or branches) of law within the US legal system?
Is communications law usually civil or criminal?
In civil law, what are the two main kinds of legal action?
What’s an example of a “tort” in communications law?
State court systems have three levels. What are they?
The US system has both federal and state courts. Which branch has the final say on a case?
How do civil plaintiffs end up in federal court, as opposed to state court?
Which type of court holds civil trials in Virginia? District; circuit; inferior; superior; diversity?
How do the courts decide where to try free speech and constitutional cases involving more than one state? What kind of jurisdiction would be appropriate in a case involving a libel suit against a California publisher by a Lynchburg minister?
In non-criminal (civil) law, what are the two main kinds of legal action?
People studying communications law in the US learn a lot of case law. Why?
What is a wrong that involves a breech of civil duty or implied social contract.
1.5 – 1.7 First Amendment, Legal terms and concepts
What are the six parts of the First Amendment?
Which international treaty is the equivalent of the US First Amendment?
Which European treaty is the equivalent of the US First Amendment?
Which Amendment to the Constitution guarantees due process and incorporates (enforces) the First Amendment on the state level?
What is the usual standard of proof in a criminal case, and what is the usual standard of proof in a civil case? [a] Guilt beyond a reasonable doubt (for criminal); and preponderance of evidence (for civil).
What do you call a decision of a court ?
What do you call a decision of a jury ?
What is an action that grants a hearing before the Supreme Court
What is a one sided legal action?
Petitioners and respondents are in different states, and one side may argue that the case should be heard in federal court not state court under _______ ?
Even if the facts are correct as stated, an attorney could argue that the legal context is badly stated or incorrect. What is that?
What is a pre-trial motion stating that there is so little evidence that there is no point in going on with a trial.
What does it mean when a case is dismissed “with prejudice.”?
Define these terms:
- Venue
- Petitioner
- Respondent
- Voir dire
In cases testing content specific laws curtailing speech, the courts should apply what level of scrutiny?
n cases testing content neutral laws curtailing speech, the courts should apply what level of scrutiny?
In what case did the court’s opinion say: “Debate on public issues should be uninhibited, robust and wide-open, and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on public officials.”
In Sipple v Chronicle, the courts said that social needs may outweigh what?
Who said: “If the law protects a scumbag like me, it will protect all of you.”
If Smith sues Jones and wins, and Jones appeals, the case is called what? Jones v Smith or Smith v Jones?
When Alabama police commissioner Louis Sullivan first sued the New York Times in 1960, the case was officially called___ ?
1.7 and 1.8 Legal principles and jurisprudence
The study of the history, theory and philosophy of law is _______ ?
What are some external issues in jurisprudence? What are some of the internal principles?
The process of bringing state law under federal law, using the Fourteenth Amendment, is called what?
When did the theory of the First Amendment start to take shape?
Jurisprudence: Balancing: Why didn’t Zechariah Chafee like the “clear and present danger” test for censorship?
Jurisprudence: Libertarianism: Thomas Emerson was a libertarian, and wrote that the key point of communications law is to separate ______ from _____ This point is disputed by contextualists like Franklyn Haimen , social justice advocates like Robert W. McChesney, and Human Dignity advocates like Mary Anne Frank.
Jurisprudence: First Amendment absolutism: Why did Alexander Meiklejohn believe that all political speech should be fully protected ?
Jurisprudence: Contextualism: Franklyn Haiman thought that _________ was more important than absolute rules. He was particularly concerned about the slippery slope from regulating hate speech to regulating all speech.
What is the Paradox of Tolerance?
Jurisprudence: What is the concept behind Lawrence Lessig’s “Code” ?
EC EXTRA CREDIT ESSAY QUESTIONS
What is the concept behind the “human dignity” approach to jurisprudence? Why can’t the marketplace of ideas correct false, harmful and hateful speech?
Robert W. McChesney approved of broader First Amendment protections, even for corporations, but his underlying concern involved social justice. How so?
How would general rules for Human Dignity law work, according to advocates like Mary Anne Frank?