Lecture Notelets
1/24/02

Criminal Procedure.
1. Arrest
2. First Appearance
3. Preliminary Hearing
4. Arraignment
5. Pre-trial Motions
6. Trial
7. Sentencing
8. Appeals
9. Post-Conviction

Civil Procedure
1. Complaint
2. Answer
3. Motion to Dismiss
4. Interrogetory
5. Request for Production of Documents (RPD)
6. Depositions
7. Summary Judgement
8. Trial
9. Appeal

Posted by capn
2/11/02 Section

1st Amendment Timeline

Colonies:
-citizens couldn't criticize the government
-ruled by "divine law"--government was above the people

1791:
-Bill of Rights
-seditious libel (criticizing the government) punished--truth was not deemed a defense
-1798--Sedition Act; made it a crime to write, print or publish bad things about the federal government--truth is a defense here

1800s:
-abolitionists, labor groups, women, anti-federalists, socialists push for more 1st
Amendment rights

1900s:
-1925 = Gitlow
-right to political speech on public property
-natural law = social norms we agree upon and accept
-1969 = NYT v. Sullivan; actual malice needed, overturns Sedition Act
-1971 = NYT v. U.S.; no prior restraints

Rehnquist Court:
-public forum doctrine
-secondary effects doctrine
-fairness doctrine
-campaign finance; Buckley v. Valeo

Posted by timmy
2/26/02

Defamation/Libel Permutations

A/B = public/private figure
C/D = public/private subject matter
E/F = press/non-press defendant

ACE = Sullivan; proof of actual malice needed
ACF = Sullivan; proof of actual malice needed

BCE = Gertz; actual damages need proof of negligence
punitive damages need proof of actual malice
BCF = Gertz; actual damages need proof of negligence
punitive damages need proof of actual malice

ADE = Hustler; proof of actual malice needed
ADF = Hustler, proof of actual malice needed

BDE = proof of negligence needed
BDF = Dun & Bradstreet; proof of negligence needed

Posted by timmy
4/4/02

Public forum shiznit

1. traditional public forum: streets, parks, public assembly
-government may not ball all speech
-if the government usues content-based regulations, then strict scrutiny is applied
-government may use time, place, manner regulations

2. limited public forum: places which need not be open to the public but are; acquire characteristics of a public forum (school board meeting)
-government may ban all speech
-if the government uses content-based regulations, then strict scrutiny is applied
-government may use time, place, manner regulations

3. not a public forum
-government may ban all speech
-if the government uses content-based regulations, then the rational basis test is applied
-government may use time, place, manner regulations, but there can be no viewpoint discrimination

Posted by timmy