MCOM 490 LAW EXAM!!!
Terms
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- CHAPTER 1: FIVE SOURCES OF LAW
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1. Common law
2. Equity law
3. Statutory law
4. Constitutional law
5. Executive orders and administrative rules - Barber v. Time (1942)
- Intrusion: Even though an enormously obese hospital patient granted an interview to a reporter and talked about her illness, she did not give the reporter permission to use her name or photograph, and when her name and photograph were published, she had grounds for an invasion of privacy suit.
- Lawrence v. Texas (2003)
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Is a landmark United States Supreme Court case. In the 6-3 ruling, the justices struck down the sodomy law in Texas. The court had previously addressed the same issue in 1986 in Bowers v. Hardwick, where it upheld a challenged Georgia statute, not finding a constitutional protection of sexual privacy. Lawrence explicitly overruled Bowers, holding that it had viewed the liberty interest too narrowly. he majority held that intimate consensual sexual conduct was part of the liberty protected by substantive due process under the Fourteenth Amendment. Lawrence has the effect of invalidating similar laws throughout the United States that purport to criminalize sodomy between consenting same-sex adults acting in private. It also invalidated the application of sodomy laws to heterosexual sex.[citation needed]
The case attracted much public attention, and a large number of amici curiae ("friends of the court") briefs were filed. Its outcome was celebrated by gay rights advocates, who hoped that further legal advances might result as a consequence. - Gitlow v. New York (1925)
- The U.S. Supreme court ruled that no state shall deprive any person of life liberty or property without due process of law. (Gitlow= freedom of speech is protected by the fourteenth amendment).
- U.S. v. Progressive (1979)
- The U.S. District court ruled Progressive magazine could be enjoined from publishing the article as specific details were not necessary to carry out an informed debate on nuclear issues.
- Brandenburg v. Ohio (1969)
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Clear and Probable Danger Test
-"directed"
-"imminent"
-"lawless action"
-"likely"
*4 of these must be proven before the speech can be considered outside of the first amendment - Brown v. Board of Education (1954)
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-A landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students and denying black children equal educational opportunities unconstitutional.
-SEPARATE EDUCATIONAL FACILITIES ARE INHERENTLY UNEQUAL.
-Segregated public schools violated the United States Constitution. - Near v. Minnesota (1931)
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(The government can constitutionally stop publication of obscenity during wartime).
-Chief Justice Hughes wrote that Prior restraint was unconstitutional, but in some circumstances prior restraint might be permissible. The defining freedom of the press as only the freedom from prior restraint is equality wrong for in many cases punishment after publication imposes effective censorship upon the freedom of expression. - Vinson in Dennis (1951)
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-Clear and probable danger test
-"In each case courts must ask whether the gravity of the evil discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger. - Pentagon Papers Case (1971)
- -The government tried to stop the New York Times and the Washington Post from publishing the Pentagon Papers. In this case, the government failed to show why such restraint should be imposed on the two newspapers.
- Schenck v. United States (1919)
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-Charles Sckenck was arrested, tried and convicted for violating is Espionage Act. The case was appealed by the Supreme Court because it violated Freedom of Speech and press.
-Justice Holmes said in ordinary times such pamphlets might have been harmless and protected by the First Amendment.
-Therefore, Congress has the right to outlaw conduct that may be harmful to the nation (clear/present/danger).
- Barber v. Time Inc. (1942)
- -Even though an enormously obese hospital patient granted an interview to a reporter and talked about her illness, she did not give the reporter permission to use her name or photograph, and when her name and photograph were published, she had grounds for an invasion of privacy suit.
- Tinker v. Des Moines (1969)
- -The Supreme Court ruled that students in the public schools do not shed at the schoolhouse gate their constitutional rights to freedom of speech or expression.
- Bowers v. Hardwick (1986)
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-Upheld a Georgia anti-sodomy statute prohibiting sexual acts between gay adults.
-This case was overruled in 2003 in Lawrence v. Texas - The Hazelwood Case (1983)
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-Hazelwood East High School censored the school newspaper by completely removing two pages because it was about teen pregnancy and divorce on children.
-In 1988, the Supreme Court ruled that the censorship was permissible under the First Amendment. - Grosjean v. American Press Co. (1936)
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-A decision United States Supreme Court over a challenge to a separate sales tax on newspapers with circulation of over 20,000. The Supreme Court, in a unanimous decision, found the tax to be an unconstitutional violation of the First Amendment to the United States Constitution. However, the ruling has been ignored by some states creating immense controversy.
-You can tax the press, but not one that is different than any other business. - In Schenck v. U.S., the Supreme Court ruled that
- The Espionage Act of 1917 was unconstitutional.