EXAM STUDY MATERIALS 8/7/2024 11:29 AM
MEDIA LAW FINAL Exam Questions
With Correct Answers
Hebb and Severson are the parties in the case. The case can be found in volume 201 of the
Pacific Reporter, Second Series beginning on page 156. The case was decided by the
Washington State Supreme Court in 1948. - answer✔✔Identify parts of this case citation:
Hebb v. Severson, 201 P.2d 156 (Wash. 1948).
1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Common Law
5. law of equity - answer✔✔sources of law
religion, speech, press, assembly, petition - answer✔✔five freedoms
any criticism of the government
took the form of prior restraint. this happened with the first real newspaper which was published
without prior review, a ton of push back against prior restrain - answer✔✔seditious libel + how
was it used
Marketplace of Ideas: people are smart and will identify the truth themselves, but you must
present them with all of the ideas first. we are smart enough to choose the truth and reject falsity
but all information must be out there - answer✔✔Milton's theory
Self Governance:
political speech is a value to our democracy, we must exchange and collect information about the
government to be a strong citizenry
, EXAM STUDY MATERIALS 8/7/2024 11:29 AM
must have access to the information and be able to critique the govt - answer✔✔Meiklejohnian
Theory
check on government
free expression allows us to eradicate corruption. the press stands in for us in this way, they
investigate and communicate about corruption - answer✔✔Blasi theory
stability
free speech allows us stability and orderly change
free speech is a safety valve: when the government shuts us out, the pressure among citizens
builds and will explode if they cant participate - answer✔✔Emerson theory
fulfillment
freedom of expression enriches our lives, we find it fulfilling to speak, write, and be autonomous
personal and mental fulfillment comes from practicing your religion, blogging, writing, etc -
answer✔✔Tribe theory
- not the most popular position
because 1st amendment says congress shall make no law, theyll make no law.
believes there should be no interference, protection, etc from the freedoms in the constitution
standoffish
no space for change in society - answer✔✔absolutist/originalist analyses
where the court recognizes that there are some freedoms that need more protection than others
because they are so valuable to society
, EXAM STUDY MATERIALS 8/7/2024 11:29 AM
strongest preferred position is freedom of political expression (heart of our democracy) -
answer✔✔preferred position analyses
political and social expression. the MOST protected - answer✔✔level 1 hierarchy of protected
expression
commercial and sexual expression
allow SOME government control -- bc control of commercial expression can be helpful
sometimes - answer✔✔leve 2 hierarchy of protected expression
false advertising, fraud, obscenity, fighting words, threats?
so unhelpful to our society that they are not protected and the government can regulate this -
answer✔✔level 3 of hierarchy of protected expression
where court looks at each set of facts on an individual basis - answer✔✔ad hoc balancing test
there is a clear definition for the test-- ex commercial speech has 4 rules and you can tell whether
or not its commercial speech based on that - answer✔✔definitional balancing test
no - answer✔✔is the first amendment absolute
if the government wants to regulate expression and it is based on the content of the expression--
we do nOT like that sooo
we create a higher level of judicial review, this is less tolerated in courts. we apply strict scrutiny
here
ex: library of congress wanting to discontinue playboy magazines in braille because of the sexual
content, this is based on the content and they cant do that - answer✔✔content based regulations
time place and manner restrictions -- nothing about the expression itself
example: protests, want to maintain order in the city but can protest whatever you want
cannot be a complete ban on something
MEDIA LAW FINAL Exam Questions
With Correct Answers
Hebb and Severson are the parties in the case. The case can be found in volume 201 of the
Pacific Reporter, Second Series beginning on page 156. The case was decided by the
Washington State Supreme Court in 1948. - answer✔✔Identify parts of this case citation:
Hebb v. Severson, 201 P.2d 156 (Wash. 1948).
1. Constitutional Law
2. Statutory Law
3. Administrative Law
4. Common Law
5. law of equity - answer✔✔sources of law
religion, speech, press, assembly, petition - answer✔✔five freedoms
any criticism of the government
took the form of prior restraint. this happened with the first real newspaper which was published
without prior review, a ton of push back against prior restrain - answer✔✔seditious libel + how
was it used
Marketplace of Ideas: people are smart and will identify the truth themselves, but you must
present them with all of the ideas first. we are smart enough to choose the truth and reject falsity
but all information must be out there - answer✔✔Milton's theory
Self Governance:
political speech is a value to our democracy, we must exchange and collect information about the
government to be a strong citizenry
, EXAM STUDY MATERIALS 8/7/2024 11:29 AM
must have access to the information and be able to critique the govt - answer✔✔Meiklejohnian
Theory
check on government
free expression allows us to eradicate corruption. the press stands in for us in this way, they
investigate and communicate about corruption - answer✔✔Blasi theory
stability
free speech allows us stability and orderly change
free speech is a safety valve: when the government shuts us out, the pressure among citizens
builds and will explode if they cant participate - answer✔✔Emerson theory
fulfillment
freedom of expression enriches our lives, we find it fulfilling to speak, write, and be autonomous
personal and mental fulfillment comes from practicing your religion, blogging, writing, etc -
answer✔✔Tribe theory
- not the most popular position
because 1st amendment says congress shall make no law, theyll make no law.
believes there should be no interference, protection, etc from the freedoms in the constitution
standoffish
no space for change in society - answer✔✔absolutist/originalist analyses
where the court recognizes that there are some freedoms that need more protection than others
because they are so valuable to society
, EXAM STUDY MATERIALS 8/7/2024 11:29 AM
strongest preferred position is freedom of political expression (heart of our democracy) -
answer✔✔preferred position analyses
political and social expression. the MOST protected - answer✔✔level 1 hierarchy of protected
expression
commercial and sexual expression
allow SOME government control -- bc control of commercial expression can be helpful
sometimes - answer✔✔leve 2 hierarchy of protected expression
false advertising, fraud, obscenity, fighting words, threats?
so unhelpful to our society that they are not protected and the government can regulate this -
answer✔✔level 3 of hierarchy of protected expression
where court looks at each set of facts on an individual basis - answer✔✔ad hoc balancing test
there is a clear definition for the test-- ex commercial speech has 4 rules and you can tell whether
or not its commercial speech based on that - answer✔✔definitional balancing test
no - answer✔✔is the first amendment absolute
if the government wants to regulate expression and it is based on the content of the expression--
we do nOT like that sooo
we create a higher level of judicial review, this is less tolerated in courts. we apply strict scrutiny
here
ex: library of congress wanting to discontinue playboy magazines in braille because of the sexual
content, this is based on the content and they cant do that - answer✔✔content based regulations
time place and manner restrictions -- nothing about the expression itself
example: protests, want to maintain order in the city but can protest whatever you want
cannot be a complete ban on something
