The First Amendment. This course is fundamentally a study of the First Amendment freedoms and how they apply to the media.

Similar documents
The First Amendment & Freedom of Expression

The First Amendment & Freedom of Expression

First amendment J201 Introduction to Mass Communication Oct Professor Hernando 201.journalism.wisc.

Controlling Pre Trial Publicity

Lesson 2 American Government

laws created by legislative bodies.

Media Today 5th Edition Chapter Recaps & Study Guide. Chapter 5: Controls on Media Content: Government Regulation, Self-Regulation, and Ethics

D1 Constitution. Revised. The Constitution (1787) Timeline 2/28/ Declaration of Independence Articles of Confederation (in force 1781)

Free Speech and the First Amendment for Cons and Festivals

AP Government & Politics Ch. 15 The Federal Court System & SCOTUS

Chapter Thirteen: The Courts

Media Today 6th Edition Chapter Recaps & Study Guide. Chapter 5: Controls on Media Content: Government Regulation, Self-Regulation, and Ethics

Civil Liberties and the Internet. Timothy M. Donoughue July 16, 2004

Chapter 15 CONSTITUTIONAL FREEDOMS

Chapter Test. The Constitution

The Judicial System (cont d)

FIRST AMENDMENT UNITED STATES CONSTITUTION. Congress shall make no law respecting an

-What are the five basic freedoms that are listed in the 1st Amendment?

Topic 8: Protecting Civil Liberties Section 1- The Unalienable Rights

THE FIRST AMENDMENT TO THE U.S. CONSTITUTION 1

CHAPTER 3. Court Systems. 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States.

1. VIRGINIA S FREE EXPRESSION HERITAGE

Running head: JRN 339 WEEK 1 ASSIGNMENT 1

Federal and State Court System CHAPTER 13

THE POLITICS OF CIVIL LIBERTIES

1. Which Article of the Constitution created the federal judiciary?

Chapter 19: Civil Liberties: First Amendment Freedoms Section 1

Close Read: Alien & Sedition Acts

Bill of Rights! First 10!!! What were the basic rights promised in the Bill of Rights?

Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp

Chapter 18: The Federal Court System Section 1

Article I: The Legislature (Congress)

Civil Liberties and Civil Rights

STUDENT GOVERNMENT ASSOCIATION OF THE JOHNS HOPKINS UNIVERSITY

Judicial Decision-making and the First Amendment

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Law Related Education

FIRST AMENDMENT LAW. Professor Ronald Turner A.A. White Professor of Law Spring 2018

Chapter 19: Civil Liberties: First Amendment Freedoms Section 1

Organization for Security and Co-operation in Europe

Looking Back: History of American Media

Patterson, Chapter 14. The Federal Judicial System Applying the Law. Chapter Quiz

Appendix A. Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education **** **** ****

The Constitution. Structure and Principles

Media Law Semester MEDIA LAW

Recent Developments in the Application of anti-slapp Statutes in Sports and Entertainment Disputes

Possible Judiciary FRQs

SIGNS, SIGNS EVERYWHERE A SIGN: WHAT THE TOWN OF GILBERT CASE MEANS FOR SCHOOLS. Kristin M. Mackin SIMS MURRAY LTD.

AP Gov Chapter 15 Outline

Talk of the University. Freedom of the Press/Media Literacy Wednesday, October 4, 2017

The Judiciary AP Government Spring 2016

10. The courts which regularly employ grand juries are a. district courts. b. courts of appeal. c. military tribunals. d. bankruptcy courts.

Unit 3 10/13/2015. Chapter 9 The Federal Judiciary. Roots of the Federal Judiciary 9.1

The Right of Criticism and Defamation Crime in Media: Iraq and U.S. as a Case Study

Chapter 10: The Judiciary

The Federalist Challenge to Civil Liberties: The Sedition Act of 1798 Ron Miller, Jewett Academy 8 th Grade American History

Briefing a Case. Advanced Legal Analysis and Writing Class 1 Slide 1

7) For a case to be heard in the Supreme Court, a minimum of how many judges must vote to hear the case? A) none B) one C) nine D) five E) four

Guiding Principles of the Constitution (HAA)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

House Bill 4088 Ordered by the House February 6 Including House Amendments dated February 6

Political Science Legal Studies 217

Legal and Ethical Considerations (Chapter 3- Mosby s Dental Hygiene)

coercive nature of law (i.e., not voluntary) rules of the sovereign (legitimate authority) backed by force Problem:

Unit V: Institutions The Federal Courts

The Dilemmas of Dissent and Political Response

Ch 10 Practice Test

What s New U.S. Constitutional Law Developments

The Law on Mass Media

Hands on the Bill of Rights

The Code of Conduct for the Mass Media and Journalists on the Manner of Reporting About Elections Regulation Number 6/2010

GC / MCS 115 CHAPTER 14. Ethical Considerations

Civil Liberties & the First Amendment CIVIL RIGHTS AND CIVIL LIBERTIES

Topic 8: Civil Liberties: First Amendment Freedoms

Chapter 10: Civil Liberties

Structure, Roles, and Responsibilities of the United States Government

Appellate Division, First Department, Courtroom Television Network LLC v. New York

HOW THE ACLU OF NEVADA ACCEPTS CASES

Skyrocket LLC Terms of Use for

79th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled. House Bill 4088

Day 7 - The Bill of Rights: A Transcription

Chapter 1. Court Systems, Citation, and Procedure. Learning Objectives

Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives

Re: Defamation law reform

Unit 4 Civil Liberties: Safeguarding the Individual

NATIONAL FFA ORGANIZATION 2016 CHAPTER T-SHIRT DESIGN CONTEST OFFICIAL RULES

No ASSOCIATION OF CHRISTIAN SCHOOLS INTERNATIONAL, et al.,

Website Terms and Conditions Last Updated September 24, 2016

VOYA 2016 ETHICS AWARENESS WEEK EMPLOYEE VIDEO CONTEST VIDEO SUBMISSION FORM

Bill of Rights THE FIRST TEN AMENDMENTS

PROFESSIONAL TEACHING STANDARDS BOARD. United States Constitution Study Guide

Chapter 14: The Judiciary Multiple Choice

Chapter 8 - Judiciary. AP Government

The Gazette. Mass Media Law. General Provisions. Chapter 1

The Federalist, No. 78

VA & US Government Exam Review: 2 nd Semester

Terms and Conditions for Pennsylvania Conference of State Trial Judges (PCSTJ.org) Trademarks, Logos, Service Marks Copyright

Agenda Mon 9/28. Bill of Rights Brochure Project DUE: 10/5

Chapter 14 AP GOVERNMENT

Transcription:

The First Amendment This course is fundamentally a study of the First Amendment freedoms and how they apply to the media. The First Amendment says: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Slide 1

The First Amendment 2 The five freedoms of the First Amendment are the freedoms of: Religion Speech Press Assembly Petition This course primarily deals with freedom of speech and the press (which are, themselves, often interrelated), but also involves the freedoms of assembly and petition. Slide 2

Free Speech/Press Issues Dealt With in this Course Some of the First Amendment issues dealt with in this course are: The extent of the Constitution s free speech guarantee; How, and in what manner, the government may control public speech; Defamation lawsuits and constitutional issues that arise from them; Invasion of privacy torts and related Constitutional issues; Political and election speech rules; Commercial speech and government regulation thereof; The obscenity rule, and when it applies; and Free speech exceptions developed to protect the integrity of the judiciary. Slide 3

Other Issues Dealt with in this Course In addition to issues governed solely by First Amendment principles, these issues will also be addressed in this course: Intellectual Property rules, in terms of how they interact with the media Protection of sources of journalists Access to information Including the all important Freedom of Information Act Slide 4

Sources of Law Relevant to this Course Constitutional Law Since this course is based on the First Amendment, cases interpreting the First Amendment are the cornerstone of this course. Statutory Law Congress has passed many laws regulating media activity, political speech, etc. Administrative Law Congress has created many administrative agencies which control media dissemination of information. Slide 5

Administrative Agencies that Govern Dissemination of Information Federal Communications Commission (FCC) Regulates television, radio, telephone, satellite communications, etc. Federal Trade Commission (FTC) Regulates many types of advertising Food and Drug Administration (FDA) Regulates media information and advertising regarding food, drugs, cosmetics, etc. Securities and Exchanges Commission (SEC) Regulates closely the dissemination of all types of information regarding corporations, traded securities, etc. Slide 6

Sources of Law Relevant to this Course (cont.) Executive Actions The President: Appoints regulators who work for the administrative agencies Can issue executive orders and proclamations that can impact what can be said and published (subject to court review) Nominates judges Common Law Judge made law, not necessarily based on the First Amendment, can also have impact on communications law, as certain rights and privileges held under the common law still apply Slide 7

Federal System District courts Circuit Courts Supreme Court Court Systems (review) State Systems Trial and lower courts Appellate courts State Supreme Courts Slide 8

Concepts in Supreme Court Decisions Precedent/Stare Decisis This is the rule that previous Court decisions will generally be followed unless there is a significant reason to overturn them Majority opinions ( the decision ) Concurring opinions Agree in result, but not necessarily with all the reasoning Dissenting opinions Disagree with the result A decision can be written by a single judge and may be joined by others, or a decision can be rendered: per curiam (on behalf of the entire court) Slide 9

Remedies If a party oversteps freedom and commits a wrong in a communication, remedies can include: Civil lawsuit e.g., defamation, breach of copyright, etc. Criminal prosecution e.g., prosecution for aiding the enemy in a war Injunction Here, the court forces a stop to the illegal activity Prior restraint This occurs when a court stops a planned, offending communication by injunction before it is issued. These are very difficult to obtain in cases with First Amendment implications; as courts are reluctant to enjoin free speech ahead of time before its effects are clear. Slide 10

When Attorneys Get Involved Attorneys and law firms usually become involved in issues relevant to this course when: A media outlet is served with a subpoena demanding some action related to their communications; A story is being considered for publication that may be defamatory; A retraction or correction is demanded of a media outlet; A lawsuit over a prior communication is threatened; A communicator is considering any action that may be illegal or a tort; or A victim of a communication approached the attorney for advice as to possible legal remedies. Slide 11