Midterm Cheat Sheet - 5 Freedoms of 1st Amendment 1 PRESS 2...

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5 Freedoms of 1st Amendment 1) PRESS 2) SPEECH 3) RELIGION 4) RIGHT FOR PEOPLE TO ASSEMBLE 5) PETITION OF GOV'T TO REDRESS What's NOT Protected by the 1st Amendment 1) OBSCENITY (explicit porn) 2) FALSE ADVERTISING 3) FIGHTING WORDS (must be a true threat/ must be violent, obnoxious and aimed at an individual) 4) SOME KINDS OF LIBEL (false statements) Deciding if it's a Violation of the First Amendment (Analyzing Statutes) 1) IS THERE A STATE ACTION? - has gov't of some kind done something? 2) DOES IT TARGET SPEECH OR PRESS? - is it expressive? (ex: baggy pants) Is it a message you are trying to spread? 3) IS THE ACTION AIMED @ THE CONTENT OF THE SPEECH ONLY? - what kind of test are we going to use? 4) IF NOT, IS THERE A CONTENT-NEUTRAL REASON FOR THE ACTION Stare decisis: "let the decision stand," common law or law based on precedent 1st Amendment- "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." Definition of Law- rules to guide human conduct, set of sanctions implied when those rules are violated What is a statute? A formal written enactment of a legislative authority that governs a state, city or country. Sources of Law
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1. Common Law 2. Statutory Law 3. Constitutional Law 4. Administrative Law 5. Executive Law Common Law- Law based on customs, case law a. Most of our legal systems came from the British b. Became an established precedent c. Based on specific cases d. Typically results from a problem that existed Statutory Law- Based on legislative law, laws passed by a legislative body (Congress, state legislature, city council) a. Deals with problems in society as a whole b. Pass law in state government or federal government c. Can anticipate problems and makes law for them Statutory Law: -gov't made/law enacted by legislative bodies -providing more fixed definition of the laws (ex: burglary) Constitutional Law-Supreme law of the land a. Any law that conflicts with the Constitution is ignored b. Defines the relationship of different entities within a state Administrative Law- Rules that are authorized by law a. Law that creates the agency that creates the rules Ex. As Congress got too large/complex, our elected officials couldn't take care of anything, created administrative agencies (like the FCC) Administrative Law: "agency-made" -the rules and decisions of administrative agencies (FCC, FTC, SEC) -they're rules rather than laws Executive Law- What is given directly to an elected administrator Ex. governor of a state has certain power he/she can execute without approval, President can appoint positions Custom of the Court/precedent: a law established by following earlier judicial decisions Stare decisis: "let the decision stand," common law or law based on precedent Doctrine of precedent: the idea that a judge is bound by/should respect decisions of earlier judges of similar or coordinate level
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This can change, not absolute
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