COM CM 481 Study Guide - Fall 2018, Comprehensive Midterm Notes - First Amendment To The United States Constitution, Component Object Model, Comlaw
12 Oct 2018
School
Course
Professor
COM CM 481
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Notebook: CM481
Created: 9/5/2018 11:13 AM Updated: 9/6/2018 5:59 PM
Author: [email protected]
9/5/18 Lecture
COM481: Media Law and Policy
Professor Carter
Office in COM B37E
Doesn't take attendance
Midterm -- 33%
Case analysis
Final -- 66%
Case analysis + 25 short answer questions
Current book published @ the beginning of 2017
Laws may change throughout the semester
Technological changes: new tech presents new questions (ex: can a court order people not to publish
instructions for printing guns in a 3D printer?)
Political changes: changes in administration lead to changes in viewpoint of law, esp. regulation (ex: FTC, FCC
appointed by party/president in power --> net neutrality regulations rolled back between Obama and Trump;
states like CA trying to pass their own laws)
Should do the reading before class
Small differences in facts can change the meaning of the law, so it's more important to apply the law correctly
Consequences of not calling a lawyer/understanding law can include multi-million dollar libel lawsuits --> worsened by social
media b/c people can post without thinking and end up in legal trouble
"Twibel" = libelous tweets
Even if you win the case, you still have to pay lawyer, so you still lose by running up legal fees --> must ask yourself "will this
provoke a legal case?" or "can I say this in a better way that lowers my risk?"
Briefing: reducing a case to its most important elements
1. Facts: essential facts (on which court relies in making its decision)
2. Issue: key legal question/issue being asked of the court --> typically narrow
3. Holding: the answer to the legal question raised above
4. Rationale: why the court gave that answer
COM law differs from other types of law b/c of the First Amendment
Free speech
Free press
Do the press have reporter's privilege (a right not to disclose sources)?
Problem is how to determine who a reporter/"the press" is, esp. with social media --> would violate the First
Amendment if government regulated in the law b/c it would abridge the freedoms of the press
find more resources at oneclass.com
find more resources at oneclass.com
Is encryption software code a form of "speech"?
Symbolic speech: are armbands a protected form of speech? (ex: Vietnam protest case)
The First Amendment is NOT literal
Many exceptions --> we study laws that abridge freedom of the press
Absolutists: interpret First Amendment literally; have never controlled court so not enforced
The Courts determine/interpret what the law is --> decide meaning and applications of First Amendment
Very disparate views on the court; more difficult to classify "liberal/conservative" on issues of free speech
Everybody agrees with free speech for speech they agree with, but less strong on protecting speech they disagree with --
> want more protection for issues they agree on
Ex:
Illinois Nazi march
Strong Jewish population w/ Holocaust survivors wants to prevent Nazi march in Illinois
Freedom riders
Activists who rode integrated buses from North to South to protest segregation (illegal at the time)
More violence than in Illinois (at hands of white supremacists)
Raises the question: does the First Amendment protect majority or minority speech?
Protects unpopular (NOT popular) speech --> degree varies over time
Ex:
Vietnam War protests much less popular @ the beginning --> anti-war became popular POV by end of the war (once Walter
Kronkite changed mind, "lost the country")
Ex:
Boston Police kept press 100 ft. away from speakers at protest so they couldn't hear
Filed complaint and police chief said "why would you want to hear them anyways?"
"Remedy for speech is more speech"
Rather than inciting violence, you can express your dissenting opinion
When you try to prevent people from speaking b/c of disagreement, you make your side look bad
Question of whether hate speech should be protected
Who defines hate speech?
That's why First Amendment rights are important
Clear and present danger: you can't yell "fire" in a crowded theater falsely
Who decides what's clear and what's present?
Social media has exacerbated issues of what speech can/can't be prohibited
First Amendment applies to Congress; 14th Amendment applied to state and local gov't
Does NOT apply to a private company because it lacks requisite state action --> as a result, if Google/Twitter/Facebook
censors people, it is NOT a First Amendment violation
However, nowadays Google/Twitter/Facebook have same authority as government in many respects, which creates a
challenge
Jury Instructions available on Blackboard; due next class.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Current book published @ the beginning of 2017. Technological changes: new tech presents new questions (ex: can a court order people not to publish instructions for printing guns in a 3d printer?) Small differences in facts can change the meaning of the law, so it"s more important to apply the law correctly. Consequences of not calling a lawyer/understanding law can include multi-million dollar libel lawsuits --> worsened by social media b/c people can post without thinking and end up in legal trouble. Com law differs from other types of law b/c of the first amendment. Problem is how to determine who a reporter/"the press" is, esp. with social media --> would violate the first. Amendment if government regulated in the law b/c it would abridge the freedoms of the press. Symbolic speech: are armbands a protected form of speech? (ex: vietnam protest case) Many exceptions --> we study laws that abridge freedom of the press.
