MSTD 400 Final Exam Study Guide
Main cases
- A&M v. Napster, 2002
- Associated Press v. Walker, 1967
- Bigelow v. Virginia, 1975
- Brandenburg v. Ohio, 1969
- Central Hudson Gas & Electric v. PSC of NY, 1980
- City of Los Angeles v. Preferred Communications, 1986
- Curtis Publishing Co. v Butts, 1967
- Farmers Educational Cooperative Union v. WDAY, 1959
- Fox v FCC 2008
- FCC v. Pacifica Foundation, 1978
- FCC v. League of Women Voters, 1984
- Gertz v. Welch, 1974
- Howard v. Des Moines Register, 1979
- Hustler Magazine and Larry C. Flynt v. Jerry Falwell, 1988
- Loraine Journal Co. v. US 1951
- Lehman v. Shaker Heights, 1974
- Miami Herald v. Tornillo, 1974
- Miller v. California 1973
- Mutual Film v. Industrial Commission of Ohio, 1915
- NBC v. US, 1943
- New York Times v. Sullivan, 1964
- One Book Entitled Ulysses v. US, 1934
- Pope v. Illinois, 1989
- Posadas of Puerto Rico Associates v. Tourism Co. of Puerto Rico, 1986
- Regina v. Hicklin, 1868
- Reno v. ACLU, 1997
- Roth v. US, 1957
- Texas Cattlemen v Oprah Winfree, 1998
- Trinity Methodist Church v. FRC, 1933
- Valentine v. Christensen, 1942
Defamation
What is a SLAPP suit?
Why were libel plaintiffs in a better position in the US 100 years ago than today?
Broadcast Law and Regulation
What are differences between neo-liberal and neo-conservative interpretations of anti-trust law?
What is the difference between the "Equal Time" rule (Section 315) and the "Fairness Doctrine?"
Advertising and Commercial Speech
Was there a conflict between the Valentine decision and the New York Times decision? If so, how was it resolved? If not, why not?
How does the right to place advertising vary between print, broadcast and public media? Provide case examples.
Indecency and Obscenity
What is "Comstockery"? What are some 19th and 20th century examples of the excesses of the crusade against vice? How does that compare to the recent flap over indecency in brodcasting (EG, "shock jocks," the Superbowl incident, etc)
How does the doctrine of scienter apply to Internet Service Providers?
Definitions, laws and concepts
sources of law (5)
structure of the federal and state court systems
libel, elements of (5) and defenses against (3)
slander as opposed to libel
certiorari, remand, prior restraint
standard of proof for civil versus criminal cases
preferred position for First Amendment
Copyright Act of 1976 / Berne Convention
Digital Millenium Copyright Act, 1998
Sonny Bono Copyright Term Extension Act, 1998
legal basis for protection of sources by reporters
Four tests of fair use copyright exemption
Ethical concepts respecting Free Press / Fair Trial issues
Advertising on TV for tobacco, liquor / special rules
Broadcast law:
Radio Act of 1912
Radio Act of 1927
Communications Act of 1934
Telecommunications Act of 1996
Original ownership limit: The Rule of Sevens
Conceptual questions
How is the standard of proof different in a civil case different from that of a criminal case? Give at least two examples of how that standard has affected cases. Be specific.
Describe three ethical dilemmas that are possible in reporting crime news?
Why were libel plaintiffs in a better position in the US 100 years ago than today? Where else might a plaintiff go to get a better deal?
Why is Virginia's invasion of privacy law different from other states? How was it used in the Hustler v. Falwell case?
What were the issues in Eldred v. Ashcroft? What did the court say about how the Constitution was to be interpreted in this area?
What are differences between classical liberal and neo-conservative interpretations of anti-trust law?
Descrobe the difference between the "Equal Time" rule (Section 315) and the "Fairness Doctrine?"
Was there a conflict between the Valentine decision and the New York Times decision? If so, how was it resolved? If not, why not?
How does the "right" to advertise vary between print, broadcast and public media? Provide case examples.What is the four part copyright test for fair use?
What is the Central Hudson test for appropriateness of government regulation of speech?
What are some of the differences between the way the law treats broadcasting and print media in the specific area of structure and licensing and also in the area of content regulation
Describe the evolution of law in Advertising and commercial speech
Describe the evolution of law in Libel / defamation
Describe the evolution of law in Obscenity