JB 4163– FIRST EXAM STUDY GUIDE:

Incorporation
Prior Restraint

Know the correct legal definitions and rules. Be able to correctly recognize and apply them in hypothetical situations.

• The doctrine of incorporation, why it is important in mass media law, and the significance of the following cases: Gilbert v. Minn. (1920), Gitlow v. New York (1925) and Near v. Minn. (1931).

• State Action.

• "Vague" and "substantially overbroad" when describing a law.

• Why is prior restraint the least likely type of governmental control to survive a court challenge?

• The Near v. Minn. (1931) rule regarding prior restraint. In other words, prior restraint by the government is unconstitutional, except in what three situations?

• How did U.S. District Court Judge Robert Warren distinguish between the "Pentagon Papers" and "The Progressive" cases to justify an injunction against publication?

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