commlawtest1.txt

• 1. Common
• 2. Equity
• 3. Statutory
• 4. Constitutional
• 5. Executive Order and Administrative Rule - Agency

Don't get to close to anything questionable

democrat/republican

chip on my shoulder, and it's big as a boulder

lose/win

• plaintiff - accuser - bears burden of proof
• defendant - charged

let the decision stand

• trial - fact finding, jury
• appellate - law reviewing, panel

• original
• appellate

• 1. direct appeal
• 2. writ of certiorari
• 3. certification process

discretionary order issued by court - order for more information

if 4 SC judges think a petition has merit, a writ is granted

friends of the court

• 1. opinion of the court (maj.)
• 2. concurring opinion of the court (agree w/ maj.)
• 3. dissenting opinion of the court (min.)

decision of the lower court stands

common law

• 1. accept
• 2. modify
• 3. distinguish
• 4. overrule

Case name, (Vol. # of case reporter) (Abbreviated name of cr) (pg. # that decision begins) (yr. decided)

• 1. temporary restraining order (TRO)
• 2. preliminary injunction
• 3. permanent injunction

statutory

U.S. Constitution

state constitution

power of a jury to ignore law and return verdict according to conscience

printer arrested for libel (1734). won case on jury nullification

criticizing of the government

prepublication censorship of objectionable material

government permission for print or broadcast

• conduct considered speech if
• 1. actor intends to convey specific message
• 2. audience will reasonably understand message

• 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

what the supreme court says it means

stop false, scandalous criticism of the national government

WW1

time, place, and manner

• no complete ban on communication
• content neutral
• state must have substantial interest
• narrowly tailored

• traditional public - courthouse
• designated public - fairground
• public property not public - prisons, hospitals, schools
• private property - malls

• man commits suicide after being singled out as a sex offender on NBC - sister sues - NBC settles
• reporting vs. news making

• 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

• NYT publishes Pentagon Papers on Decision Process for Vietnam
• NYT wins

Hydrogen Bomb Recipe - prior restraint for national security

• 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

• black arm bands to protest Vietnam
• Tinker wins - 1st amend. rights aren't left at the school gate

• 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"

people in place of your parents

• Fraser makes sexually suggestive speech at assembly
• Bethel wins - schools may regulate offensive speech

all universities participating in federal aid must give timely warnings of campus crimes that represent a threat - FERPA

School boards possess discretion of the content of their libraries, but it may not be exercised in a narrowly partisan or political manner.