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5 sources of law
- 1. Common
- 2. Equity
- 3. Statutory
- 4. Constitutional
- 5. Executive Order and Administrative Rule - Agency
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Chilling Effect
Don't get to close to anything questionable
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Political party for regulation/deregulation
democrat/republican
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litigious
chip on my shoulder, and it's big as a boulder
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how 1st amend. cases usually fair at trial/appeal
lose/win
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2 parties in court case
- plaintiff - accuser - bears burden of proof
- defendant - charged
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stare decisis
let the decision stand
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trail vs. appellate
- trial - fact finding, jury
- appellate - law reviewing, panel
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2 supreme court jurisdictions
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3 ways to get a SC appellate case
- 1. direct appeal
- 2. writ of certiorari
- 3. certification process
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writ of certiorari
discretionary order issued by court - order for more information
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rule of 4
if 4 SC judges think a petition has merit, a writ is granted
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amici curiae
friends of the court
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3 main supreme court opinions
- 1. opinion of the court (maj.)
- 2. concurring opinion of the court (agree w/ maj.)
- 3. dissenting opinion of the court (min.)
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Supreme Court tie
decision of the lower court stands
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judge made law
common law
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options for handling precedent
- 1. accept
- 2. modify
- 3. distinguish
- 4. overrule
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parts of citation - Adderly v. Florida, 385 U.S. 39 (1966)
Case name, (Vol. # of case reporter) (Abbreviated name of cr) (pg. # that decision begins) (yr. decided)
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typical remedies in equity law
- 1. temporary restraining order (TRO)
- 2. preliminary injunction
- 3. permanent injunction
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criminal laws are ________ law
statutory
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the supreme law of the land
U.S. Constitution
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which is more broad - 1st amend. or state constitution protection of speech
state constitution
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jury nullification
power of a jury to ignore law and return verdict according to conscience
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John Peter Zenger
printer arrested for libel (1734). won case on jury nullification
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seditious libel
criticizing of the government
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prior restraint
prepublication censorship of objectionable material
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licensing process
government permission for print or broadcast
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symbolic speech doctrine
- conduct considered speech if
- 1. actor intends to convey specific message
- 2. audience will reasonably understand message
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3 main 1st amend. theories
- 1. absolutist - gov. cannot censor press for any reason
- 2. ad hoc balancing - meaning of freedom of expression is determined on case-by-case basis
- 3. preferred position balancing - gives freedom of expression preference - gov. must bear burden of proof
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1st amend. means...
what the supreme court says it means
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alien and sedition acts
stop false, scandalous criticism of the national government
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when suppression of freedom of expression reached its highest level
WW1
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legal ways of prior restraint
time, place, and manner
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guidlines for prior restrains
- no complete ban on communication
- content neutral
- state must have substantial interest
- narrowly tailored
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types of forums
- traditional public - courthouse
- designated public - fairground
- public property not public - prisons, hospitals, schools
- private property - malls
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Conradt vs. NBC Universal
- man commits suicide after being singled out as a sex offender on NBC - sister sues - NBC settles
- reporting vs. news making
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Near vs. Minnesota
- Near publishes attacks on corruption in city government
- state declares Minnesota winner - Near can no longer publish
- SC overturns - No prior restraint - statute declared unconstitutional
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NYT vs. U.S.
- NYT publishes Pentagon Papers on Decision Process for Vietnam
- NYT wins
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U.S. vs. Progressive
Hydrogen Bomb Recipe - prior restraint for national security
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modes of censorship during wartime
- 1. denial of access to locations
- 2. denial of access to documents and photos
- 3. punishment for publishing national security info
- 4. self-censorship by news media
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Tinker vs. Des Moines
- black arm bands to protest Vietnam
- Tinker wins - 1st amend. rights aren't left at the school gate
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Hazelwood vs. Kuhlmeier
- HS pres. Haz. removes 2 pages of school paper on teen pregnancy and divorce
- Hazelwood won - censorship of student publications in public high schools is permissible
- must be related to "legitimate pedagogical concerns"
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in loco parentice
people in place of your parents
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Bethel vs. Fraser
- Fraser makes sexually suggestive speech at assembly
- Bethel wins - schools may regulate offensive speech
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Clery Act
all universities participating in federal aid must give timely warnings of campus crimes that represent a threat - FERPA
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Book banning plurality opinion
School boards possess discretion of the content of their libraries, but it may not be exercised in a narrowly partisan or political manner.
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