First Amendment: Freedom of the Press - AP US Government and Politics

  1. Differentiate between libel and slander.
    Libel is written; slander is spoken. Both harm reputation but differ in medium of communication.
  2. What are the main restrictions on press freedom?
    Libel, obscenity, national security. Content-based restrictions requiring compelling government interest and narrow tailoring.
  3. What is the role of journalists in a democracy?
    Watchdog of government and inform public. Essential democratic function requiring constitutional protection from interference.
  4. What is the 'watchdog' role of the press?
    Monitor and report on government actions. Press serves as check on government power through investigation and reporting.
  5. What was the ruling in Hazelwood v. Kuhlmeier (1988)?
    Schools can censor student newspapers. Schools have broader authority over student publications than government.
  6. What is 'actual malice' in libel law?
    Knowledge of falsity or reckless disregard for truth. Standard from Sullivan requiring intent or extreme negligence for libel.
  7. What is the role of the FCC regarding the press?
    Regulates broadcasting, not print media. Limited to broadcast media due to spectrum scarcity rationale.
  8. Identify the case that reinforced no prior restraint in national security.
    New York Times Co. v. United States (1971). Pentagon Papers case that rejected prior restraint even for classified material.
  9. What is defamation in the context of press freedom?
    False statement damaging reputation. Can be written (libel) or spoken (slander) false statements.
  10. Are shield laws federal or state laws?
    State laws. Vary by state; no uniform federal reporter's privilege exists.
  11. What is the role of the press according to the First Amendment?
    Inform the public and check government power. Fourth estate serving as democracy's watchdog and information source.
  12. Is the Fairness Doctrine still in effect?
    No, repealed in 1987. FCC eliminated it citing First Amendment concerns and market solutions.
  13. Identify the significance of freedom of the press.
    Essential for democracy and accountability. Cornerstone of democratic society enabling informed citizen participation.
  14. Identify a case involving press freedom during wartime.
    Schenck v. United States (1919). Established 'clear and present danger' test for speech restrictions.
  15. What does the First Amendment guarantee regarding the press?
    Freedom of the press. Protected under the First Amendment to prevent government censorship.
  16. Identify a limitation on press freedom.
    Obscenity. Material lacking serious literary, artistic, political, or scientific value.
  17. What must public figures prove in libel cases?
    Actual malice. Higher legal standard protecting robust debate about public officials.
  18. What is the significance of the Pentagon Papers?
    Challenged prior restraint during wartime. Supreme Court rejected government's national security censorship claims.
  19. Which legal test addresses obscenity in press freedom?
    Miller Test. Three-part test determining if material lacks First Amendment protection.
  20. What is the 'marketplace of ideas' theory?
    Free expression allows truth to emerge. Competition between ideas leads to better understanding of truth.
  21. What is the 'clear and present danger' test?
    Limits on speech when it presents immediate danger. Holmes test balancing speech rights against immediate threat risk.
  22. Identify the case that ruled on libel against public figures.
    New York Times Co. v. Sullivan (1964). Set higher standard for public figures to win libel cases.
  23. Which Supreme Court case established prior restraint limits?
    Near v. Minnesota (1931). Landmark case that first limited government's power to censor publications.
  24. What is the significance of Branzburg v. Hayes (1972)?
    Journalists have no special privilege to withhold sources. Reporters cannot refuse grand jury subpoenas for source information.
  25. Which concept protects journalists' sources?
    Shield laws. Legal protections allowing reporters to protect confidential sources.
  26. What does 'freedom of the press' protect against?
    Government censorship and control. Prevents government from suppressing or controlling news and information.
  27. What doctrine requires balanced coverage of public issues?
    Fairness Doctrine. Former FCC rule requiring broadcasters to present controversial issues fairly.
  28. What is the significance of the Espionage Act of 1917?
    Restricted press during wartime. Wartime law limiting press coverage deemed threatening to national security.
  29. What is the significance of the Zenger trial?
    Early case for freedom of the press. Colonial precedent establishing truth as defense against seditious libel.
  30. What is prior restraint?
    Government action preventing publication. Forbidden under First Amendment except in extraordinary circumstances.
  31. What is the 'chilling effect' in press freedom?
    Discouragement of legal rights due to fear of legal action. When fear of lawsuits discourages legitimate journalistic reporting.

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