What are the 3 layers of government?
- 1. Federal
- 2. State
- 3. Local
What is the Litigation Process Against a private party? (8 steps)
- 1. Claim
- 2. Film Summons and Complaint
- 3. File Answer
- 4. Motion to Dismiss (no law supports the claim)
- 5. Discovery (Research and Interview)
- 6. Motion for summary judgement (no facts)
- 7. Trial
- 8. Appeals
What is the litigation process against the government? (2 steps)
What is Dictum? ...Holding?
What is the sedition act of 1798?
What does it mean today?
Made it a crime if a person writes/says/etc false or malicious writing with intent to defame against the government.
Now is the highest form of protected speech.
What was the O'Brien draft card case?
- early 1960's
- O'Brien burned his draft card
- Was arrested for burning government property
- Appealed but the supreme court said it was conduct not speech
What was the tinker arm band case?
- Tinker was a teen who wore a black arm band to school
- Was sent home
- Supreme Court says he has the right to wear the armband because it is speech
What was the Johnson Flag Burning Case?
- Johnson burned a U.S. flag in the street
- Johnson wins because flag is not government property
What is Near v. Minnesota??
- 1929-1930, Minniapolis
- Near believes the gov. is run by the mob (he is right)
- Got shut down
- Went to speak easy and wrote down all gov officials who were there
- *Prior Restraint*
When is prior restraint okay?
- - obstructing recruiting service (national security)
- - sailing of troop ships
- - obscenity
- - fighting words
What was Ward v. Rock Against Racism?
- - 1989
- - Rock Against Racism loses
What was the Red Lion Case?
- Red Lion = Broadcaster in PA
- Cook = wrote book about Goldwater, was called a comunist on air, wanted to comment, not allowed
- Paid for by the NAB
What was the Fairness Doctrine? and how is it in effect today?
Required Broadcasters to present issues in a honest equal way (show both sides).
Not in effect anymore, couldn't be enforced
What was Freedman v. Maryland?
- -Freedman doesn't submit film to state board
- -Sues that he shouldn't have to
- -NAB pays for case
*Film Industry can be subject to prior restraints*
What is the licensing criteria for Broadcast?
- No more then 25% owned by aliens
- Be able to run station for 3 months w/o ads
- Technical Criteria
What are the rules about lotteries? (3 elements)
- -Consideration (pay to get in, show up at certain time, etc)
- -Chance (not skilled, 100th caller is a skill)
What is Section 312?
- Only for Federal Candidates
- You must allow all federal candidates to use your facility
What is Section 315?
- Applies to All Political Candidates
- If you allow 1 candidate to use your facilities, you must allow all candidates
Does a candidate have a first ammendment right to present their political positions?
Does any state or local candidate have right to access of any station?
When does campaign begin?
- 45 days before primary
- 65 days before general
What is Obscene and what case decided?
Miller v. California
- 1. The average person would decide that it, applying contempory community standards taken as a whole, appeals to prurient interests
- 2. Depicts sexual conduct in a patently offensive way
- 3. Lacks serious literary, artistic, political, or scientific value
What was FCC v. Pacifica?
- -Radio Played "Filthy Words"
- -Set up by NAB
- -Violates Section 326 (censorship), but 1464 gives FCC the right
- -Who are the children?
- -Safe Harbor Hours 10PM-6AM
What is Profanity?
Language so grossly offensive to members of the public who actually hear it as to amount nuisance
What was the Olivia N. Case?
- NBC does docudrama on teen girls who can't live at home
- One girl is raped, later attacked and raped again
- Girls said they saw it on TV
- sue NBC
- No Liability without incitement
What is known about teens?
They copy A LOT of what they see on TV
Explain the Natural Born Killers Case
- Oliver Stone Movie
- Media glorifying violence
- young teen sees movie and kills woman
- *Must show that Time Warner produced and distributed with intent that people would commit similar acts*
Explain the Zamora Case...
- Ronny Zamora was 17
- Robs & Kills 85 year old neighbor
- Says Made violent from violent TV
- Court says NO
- Rejects Bullet Theory
Explain the Yakubowicz v. Paramount Pictures Case...
- The Warriors
- Not incitement because the theater did not serve the alcoholic drinks
Explain the McCollum v. CBS case...
- McCollum (17) shot himself while listening to Osbourne
- Not Incitement...Did not command him to commit immediate act
What are the slots in the Libel Pinball Game?
- Statement of Fact
- Of and Concerning the Plaintiff
- Published by the Defendent
- WithOut Privilege
- With Liability
- Damages to Plaintiff
Explain New York Times v. Sullivan...
- Ad says montgomery PD is bad
- Supreme Court Reverses Alabama State court
- Civil Rights Case dressed up as libel case
Explain Gertz v. Welch...
- Chicago PD kills Nuccio, convicted of murder
- Article Claims trial is communist conspiracy
- Gertz is communist
- Gertz not a public figure so no liability
Describe the Zeran v. AOL case...
- After Oklahoma Bombing
- *No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another content provider
Davis v. Constantin Costa Gavras Universal Studios Inc
- Davis was commander of military group
- "The Missing"
- Not Defamation because there was no evidence
Cox Broadcasting v. Cohn
- 17 year old girl raped and murder
- Broadcast girls name
- Totally Legal way so okay