Apply legal theories, cases, and tests weve discussed in class to the facts
of the situations presented
Dont merely tell me what your answer is: walk through EACH prong of the
applicable test and APPLY it explicitly to the facts, explaining how you
First Amendment Theories
First Amendment language: Congress shall make NO law abridging
freedom of speech or of the press. [emphasis added]
a. Plain language interpretation would prohibit ANY government
regulation of expression.
b. But this absolutist
Privacy Legal Checklist
1. Is the subject an adult? If the subject is a child, or a mentally or emotionally disabled
adult, did I obtain valid consent from a parent or guardian?
2. Is the subject a private figure or a public figure? (There is more of a da
Apply legal theories, cases and tests
Ask: is this a first amendment case?
o Was there state action? (State whether there is a state what it is)
o Is there speech? (Protesting, etc.)
o What kind of speech? (Is this the kind of speech that
How To Avoid Getting Sued for Libel
1. Check out your information and your sources thoroughly; be skeptical of what
people tell you. Confidential sources can disappear or recant their stories; a source with a
grudge against the subject of your story can d
Communications Law Basics
Sources of communications law
a. Constitutions the supreme law of a government. Federal
Constitution and each state has one.
i. Creates the government, setting out its organization,
ii. Spells out the duties and pow