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