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WorksheetsLaw and ethics midterm
Total questions: 39
Worksheet time: 20mins
what does the first amendment protect?
Protects property rights.
Freedom of speech, religion, press, assembly, and the right to petition the government.
The right to a fair trial.
The right to bear arms.
The most widely accepted rationale of how freedom of speech works based on the economic concept of a free market
Marketplace of ideas
Situations where the disagreement of hecklers or demonstrators addresses the actions of a speaker without intervention of the law
Heckler's veto
what are the five sources of law?
Constitutional, Statutory, Administrative, Case Law, Common Law
Can the government force you to express speech?
yes
no
State action doctrine
The legal principle that the 14th amendment applies only to state and local governments, not to private entities. Ex: NFL
The term used to refer to the basis for a legal claim against the government for a violation of civil rights
state action
To determine what should be done in a case, a judge looks at how similar cases have been decided in the past
Common law
Establishes three branches of government, responsibilities and limits on power of each. Highest law of the land. No law can override.
Constitutional law
"Judge made law." Legal rules created by court decisions. Judges look at past cases and interpret the law based on how it was used before.
Case law
laws passed by a legislative body
Statutory law
Defamation of the government that may incite resistance, unrest, rebellion
seditious libel
This case established that students don't shed their rights at the schoolhouse gates
This case established that the rights of students are "not automatically the rights of adults in other settings"
Bethel vs Fraser
This case established that the first amendment allows educators to exercise editorial control over the content of speech as long as their actions are related to "legitimate pedagogical concerns"
This forum is a place long devoted to public speech
Traditional public forum
This forum is place created by the government for expressive activities
Designated public forum
Content-neutral limitations that can be imposed by the government on expressive activity
Public property that is off limits to expressive activities
Public property that is not a public forum
what precedent did Hustler Magazine vs Falwell establish?
Protecting public figures from emotional distress is not sufficient to deny the first amendment if it cannot be proven any statements were defamation
This case established the fighting words doctrine
what court case did the Supreme Court ruled that a statement must communicate a serious expression of intent to threaten?
what is the brandenburg test?
This case established the precedent that speech can be prohibited if it is "directed at inciting or producing imminent lawless action"
This case involved a law about cross burning that was upheld by the supreme court
This case involved a law about cross burning that was struck down by the supreme court
This court case established that the first amendment limits the ability to impose damages for the publication of a statement about a public figure
New York Times v. Sullivan
This case established that the press and the public have the right to access information about the exercise of government power
Richmond Newspapers v Virginia (1980)
The "Richmond test"
Used to determine if a proceeding is presumptively open
The "press enterprise test"
Used to determine if a proceeding can be closed
This case established that journalists must be held responsible for breaking confidentiality promise
What case did a principal tried to censor a high school newspaper because it contained stories about teen pregnancy and divorce?
This case established the precedent that schools can exercise editorial control over school-sponsored expressive activities as long as their actions are "reasonably related to legitimate pedagogical concerns."
Case about freedom of the press for college student media, specifically college newspapers
Bethel vs Fraser
Hosty vs Carter
Kincaid vs Gibson
Hazelwood vs Kuhlmeier
What case established that it is a first amendment violation for a college to confiscate a student yearbook or censor media based on disagreement with content or style?
Kincaid vs Gibson
what case established the "actual malice" standard for defamation involving public officials or public figures?
What case established that parody is protected under fair use even if it is commercial
what case established that journalists can be sued for breaking a confidentiality agreement?
Suppression of material prior to publication or broadcast on the grounds that it is harmful
Prior restraint
