STUDY GUIDE FOR CH. 1-2: DUE WEDNESDAY, SEPT. 5

Communication Law Fall 2007 Study Guide: Ch. 1 & 2


Define the following terms:

1. Common Law 4. Administrative Rules 7. Prior Restraint
2. Statutory Law 5. Appellate Court 8. Seditious Libel
3. Constitutional Law 6.Supreme Court 9. Pentagon Papers

10. What are the five First Amendment theories mentioned in your book? Briefly define each one? Which one is considered the best at this point in time? Why?

11. When did seditious libel first become a major issue for the courts? Why? Why was the Pentagon Papers case NOT seen as a major victory in the battle to put an end to the crime of seditious libel?

12. See the Brandenburg Test (page 61): “The constitutional guarantees of free speech and free press do not permit a state to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such actions.” How does the use of this test by the courts protect media from wrongful death, negligence and product liability lawsuits? Do you think this is a good test? Why or why not?

13. What is the 14th Amendment? How is it tied to the First Amendment?