The Basics
Freedom of Speech, Religion, Press, Assembly, Petition
What is the First Amendment?
North Carolina sits in this federal court circuit.
What is the fourth circuit?
Public parks, streets and sidewalks.
What are public forums?
What is Brandenburg?
This is the ultimate defense to a libel lawsuit.
What is truth?
The First 10 Amendments.
What are the Bill of Rights?
This concept means the Constitution is the highest source of law in the land, above all others.
What is the Supremacy Clause?
This is when a person shows extreme or outrageous behavior intentionally (or recklessly) causes severe emotional distress to another person.
What is intentional infliction of emotional distress?
This case set a new standard for defamation.
What is NY Times v. Sullivan?
A company suing for this type of libel must show economic loss.
What is trade libel?
This case established the power of judicial review.
What is Marbury v. Madison?
The person accused of a crime. They are legally innocent until convicted.
What is defendant?
This is presumptively unconstitutional, unless the gov't can show that the nation will suffer direct, immediate and irreparable harm.
What is prior restraint?
This language causes a person to fear imminent bodily harm or death.
What are fighting words?
This privilege allows reporters to report about a government record or proceeding, even if defamatory content is part of that record or proceeding.
What is fair report privilege?
Laws that regulate time, place and manner are constitutional because they are this.
What is content neutral?
This is a legal document that orders someone to appear in court or produce documents.
What is a subpoena?
When gov't chooses to allow public use of public schools, university classrooms, etc., these spaces become what?
Limited public forums, or designated public forums.
What is incitement?
Knowledge of falsity, or reckless disregard for the truth.
What is actual malice?
Who nominates justices to the U.S. Supreme Court?
The President.
Judge Judy is an example of this type of court.
What is civil court?
This cannot be proven true or false.
What is an opinion?
The Elonis case established that this type of intent matters most in a true threats case.
What is subjective?
Both a police officer, and a candidate for political office, would be considered this type of figure who must prove actual malice.
What is public official?