MC 401 – Test 2 – Bragg – 2026 – Study Guide and
Practice Material
1st Amendment - ANS✔✔ 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 petition the government for a redress of
grievances.
seditious libel - ANS✔✔ libel against the government
Sedition Acts of 1918 - ANS✔✔ passed to suppress WWI protests
libel defenses - ANS✔✔ constitutional defense
summary judgment
statutes of limitations
republication is NOT a defense
consent
constitutional defense - ANS✔✔ -media has right to publish information
-plaintiff is a public person
-subject matter
-opinion based on fact
summary judgement - ANS✔✔ judge makes decision
statutes of limitations - ANS✔✔ filed within a specified period of time from the date of
publication
, -varies from state to state
-single-publication rule
-online publication is not continuous
-publication date is the sale release date
republication is usually NOT a defense - ANS✔✔ exceptions are:
-letters to the editor
-properly using a wire story
consent - ANS✔✔ person suing gave consent
Doctrine of Incorporation - ANS✔✔ a constitutional doctrine through which selected provisions
of the Bill of Rights are made applicable to the states through the Due Process clause of the
Fourteenth Amendment
*established by Gitlow vs NY
prior restraint doctrine - ANS✔✔ individuals have the right to publish without prior restraint
*government bears high burden of proof*
fighting words - ANS✔✔ words so vile they are likely to prompt an immediate breach of peace
4 torts - ANS✔✔ -tort of intrusion
-publication of private facts
-false light tort
-tort of appropriation
Practice Material
1st Amendment - ANS✔✔ 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 petition the government for a redress of
grievances.
seditious libel - ANS✔✔ libel against the government
Sedition Acts of 1918 - ANS✔✔ passed to suppress WWI protests
libel defenses - ANS✔✔ constitutional defense
summary judgment
statutes of limitations
republication is NOT a defense
consent
constitutional defense - ANS✔✔ -media has right to publish information
-plaintiff is a public person
-subject matter
-opinion based on fact
summary judgement - ANS✔✔ judge makes decision
statutes of limitations - ANS✔✔ filed within a specified period of time from the date of
publication
, -varies from state to state
-single-publication rule
-online publication is not continuous
-publication date is the sale release date
republication is usually NOT a defense - ANS✔✔ exceptions are:
-letters to the editor
-properly using a wire story
consent - ANS✔✔ person suing gave consent
Doctrine of Incorporation - ANS✔✔ a constitutional doctrine through which selected provisions
of the Bill of Rights are made applicable to the states through the Due Process clause of the
Fourteenth Amendment
*established by Gitlow vs NY
prior restraint doctrine - ANS✔✔ individuals have the right to publish without prior restraint
*government bears high burden of proof*
fighting words - ANS✔✔ words so vile they are likely to prompt an immediate breach of peace
4 torts - ANS✔✔ -tort of intrusion
-publication of private facts
-false light tort
-tort of appropriation
