Internships and the Law
What do the acronyms FLSA and WHD stand for?
FLSA = Fair Labor Standards Act, WHD= Wages and Hour
Interns in the for-profit private sector who qualify as
employees rather than trainees typically must be paid
1. Every person may freely speak, write, or publish his sentiments on all subjects, being
responsible for the abuse of that right; and no law shall be passed to restrain or abridge the
liberty of speech or of the press.
3. Oklahomas Supreme Court h
What is journalists privilege? How does it exist in Oklahoma? What competing social values are
balanced in cases involving journalists privilege?
- Journalists privilege protects reporters under certain circumstances from being
What must a public figure or public official prove to win an intentional infliction of emotional
distress lawsuit? (Hustler Magazine v. Falwell, 1988)
1. What were the facts of the case?
a. The Court applied the actual malice standard s
1. There are 3 major differences between trial courts and appellate courts:
a. Witnesses and Exhibits: Trial courts are where the cases start. In trial court, both sides
present their evidence and most of it comes from witnesses and exhibits (items or
1. The state action requirement stems from the fact that the constitutional amendments which
protect individual rights (especially the Bill of Rights and the 14th Amendment) are mostly
phrased as prohibitions against government action. For example, the Fi
Truth as a defense, including:
Why is truth a defense?
- Under Oklahomas libel statutes, truth is an affirmative defense against libel claims,
meaning that the journalist would have to prove that the defamatory statement was true.
If the jury determines t
1. Print: receives the greatest First Amendment protection; non-regulation model
- not licensed by the government.
- content not subject to government oversight.
Broadcast: least First Amendment protection; substantial government regulation, such as
What must plaintiffs prove?
- The plaintiff must prove that the media defendants statement:
- was highly offensive to a reasonable person
- contained private facts about the plaintiffs life
- was a public disclosure of private facts, and
- was not of legi
1. No. It only offers absolute protection for:
a. Political speech, including criticism about the government itself (not members of the
government). A government cant sue for libel, but a public official can.
b. Broadcasters fulfilling equal time requirem
MC 4163 FINAL EXAM STUDY GUIDE
D2L: Copyright in General; Copyright Basics; What Does Copyright Protect?; How to Prove Copyright
Infringement; Proving a Violation of a Copyright; Fair Use
Know the definitions and rules. Be able to correctly reco
First Amendment Tests
Know the definitions and rules. Be able to correctly recognize
and apply them in hypothetical situations
Is the First Amendment absolute?
No, only absolute protection for;
1. Political speech, including criticism about the
1. Inductive: Legal rule arrived at after consideration of great number of previous cases
Deductive: expands the existing rules for the court to follow in deciding the legal situation
2. If the question presented is one pure