The sources of law and the hierarchy of laws.

Understand the sources of law and the hierarchy of laws.

Know what are the most common orders provided under laws of equity.

Understand the importance of precedent and case law.

 

 

 

What is the Doctrine of Judicial Review?

 

 

 

Know the difference between trial courts and appellate courts. What are their respective roles?

 

 

 

Understand the differences between criminal and civil law as discussed in lecture.

 

 

 

Be able to describe the basic steps for both a civil trial and a criminal trial.

 

 

 

What makes something a justiciable controversy?

 

 

 

Know the differences between a crime, a contract, and a tort.

 

 

 

Know the names of the participants in a trial proceeding, both separately and as described together.

 

 

 

Be able to describe which of the above participants always bears the burden of proof. Know the different levels of proof required in criminal v. civil trials.

 

 

 

Understand how courts use precedent, in other words what are their choices?

 

 

 

Be able to describe the actions that governments could take to infringe upon free speech prior to the passage of the First Amendment – seditious libel, licensing, prior restraint.

 

 

 

Understand at what point First Amendment protection “kicks in” or becomes relevant to a situation.

 

 

 

Understand the “evolution” of government’s ability to infringe upon free speech, beginning with the Alien and Sedition Acts. Be able to describe why it is important that the A&S Acts expired on their own terms.

 

 

 

Know what the courts have said about prior restraint.

 

 

 

Understand the difference between “clear and present danger” and “imminent lawless action.”

 

 

 

Understand the meanings of jurisdiction. Know what areas of media law fall under federal or state or joint jurisdiction.

 

 

 

Know the basic makeup of the judicial system (52 systems) in the United States. 

 

 

 

Know about symbolic speech and expressive conduct and what the Constitution has to say about them. Understand the Symbolic Speech Doctrine.

 

 

 

Know the different theories of the First Amendment. Be able to name the theory that is most often used by U.S. courts.

 

 

 

Understand the difference between an “originalist” position on the Constitution, and one that sees it as “a living document.”

 

 

 

Understand what the courts have traditionally said about the First Amendment rights of minors, and of the high school and college press. 

 

 

 

Understand the different types of “forums” and degree of FA protection one enjoys in each.

 

 

 

Understand “time, place, and manner” restrictions and when they are and are not Constitutional.

 

 

 

Know the types of speech/expression that do not have First Amendment protection.

 

 

 

Know the definition of libel.

 

 

 

Know who can sue for libel.

 

 

 

What does libel per se mean?

 

 

 

What is meant by a reasonable person standard?

 

 

 

Know the elements of a successful libel lawsuit.

 

 

 

Know what the law says about “group” libel.

 

 

 

Know the defenses against libel.

 

 

 

Understand the Ollman Test.

 

 

 

What kind of damages can be won in a libel lawsuit?

 

 

 

Know the difference between burdens of proof for private vs. public people. Know the key cases involved. 

 

 

 

Understand the different types of public figures.

 

 

 

Understand why privacy law is considered one of the most  “unsettled” areas of law.

 

 

 

Know the torts of privacy law, and their elements. 

 

            Appropriation

 

            Intrusion

 

            Intentional Infliction of Emotional Distress

 

            False Light

 

 

 

Be able to define and describe the tort of Intentional Infliction of Emotional Distress.

 

 

 

Understand the idea of where one would and would not have a “reasonable expectation of privacy.”

 

 

 

Cases : Know the precedent that emerged from each.

 

 

 

Schenck v. United States  (1918)

 

 

 

Gitlow v. New York (1925)

 

 

 

Whitney v. California (1927)

 

 

 

Near v. Minnesota (1931)

 

 

 

Brandenburg v. Ohio (1969)

 

 

 

Tinker v. Des Moines Independent School District (1969)

 

 

 

Hazelwood School District v. Kuhlmeier (1988)

 

 

 

Hosty v. Carter (7th Cir.) (2005)

 

 

 

Morse v. Frederick (2007)

 

 

 

New York Times v. Sullivan (1964)

 

 

 

Gertz v. Welch (1974)

 

 

 

Hustler Magazine v. Falwell (1988)

 

 

 

 

 

Understand the role of FA in obtaining access to government documents and meetings.

 

 

 

Understand basics about FOIA, Sunshine Act, and state open records and meetings acts. Know more obvious exemptions.

 

 

 

Understand why there is such a contentious relationship between the judicial system and journalists when it comes to information.

 

 

 

Know what a subpoena is and how it is used.

 

 

 

Know what FA says about a reporter’s right to ignore a subpoena.

 

 

 

Know basic information about major cases involved in this area of law.

 

 

 

Understand basic information about shield laws and from where they emerged.

 

 

 

Understand the “evolution” of the impartial juror and the basics of the important related cases.

 

 

 

Understand basics of cases involving public access to court trials and related proceedings.

 

 

 

Understand the tensions known as “free-press/fair-trial” or 1st /6th Amendment conflict.

 

 

 

Know the pre-trial remedies short of closure and/or gag orders that are available to a judge.

 

 

 

Understand the “evolution” and the relevant cases in the definition of obscenity law.

 

 

 

Be able to apply the current standard of obscenity to any description provided.

 

 

 

Know the definition of copyright and trademark. Understand the differences. 

 

 

 

Know why advertising was originally never considered worthy of FA protection. Know the cases that changed this.

 

 

 

Understand the Commercial Speech Doctrine.

 

 

 

Understand why many regulations that apply to broadcasting would be considered unconstitutional for other forms of media.

 

 

 

Know the case that set broadcasting’s FA rights apart from from broadcasting. Know the rationale given.

 

Understand the differences between “on the record,” “off the record,” “on background,” and “on deep background”.

 

 

 

Promissory estoppel

 

 

 

Be able to name a few exemptions under the FOIA

 

 

 

Know some of the special cases that might overrule Sunshine Act requirements.

 

 

 

Know duration of copyright.

 

 

 

Public domain

 

 

 

Fair Use Doctrine

 

 

 

Infringement

 

 

 

Dilution

 

 

 

FCC licensing requirements

 

 

 

Ownership limits

 

 

 

Safe harbor

 

 

 

Cases: Know the precedents

 

 

 

Zemel v. Rusk

 

 

 

Miami Herald v. Tornillo

 

 

 

Branzburg v. Hayes

 

 

 

U.S. v. Sterling

 

 

 

Richmond Newspapers v. Virginia

 

 

 

Press-Enterprise v. Riverside Superior Court

 

 

 

Nebraska Press Association v. Stuart

 

 

 

New York Times v. Sullivan

 

 

 

Bigelow v. Virginia

 

 

 

Reno v. ACLU

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