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A theory that suggests freedom of expression creates a market for the exchange of ideas, much like a capitalistic marketplace trades goods. In media, it defends the concept that truth will emerge from the competition of ideas in free, transparent public discourse.

A legal category of speech that is likely to incite violence. Used sparingly in modern law, it is speech that media must be careful not to promote or broadcast, as it is not protected by the First Amendment.

Judicial orders that restrict parties, witnesses, or participants from talking to the media about a case. While intended to protect the integrity of legal proceedings, they may come into conflict with media's role in reporting on the judiciary and ensuring transparency.

A situation where speech or conduct is suppressed by fear of penalization at the interests of the First Amendment. This effect is detrimental in media as it can lead to self-censorship and a reduction in the diversity of viewpoints and information.

A legal measure that prohibits speech or media content before it is made public. It's considered a severe infringement on free speech and is often unconstitutional in the U.S. Media relies on this principle to resist government attempts at censorship before publication or broadcast.

Regulations that are justified by a significant government interest, are narrowly tailored, leave open ample alternative channels for communication, and are content-neutral. Media needs to adhere to these in organizing events or advertising to ensure compliance while maintaining speech rights.

Speech aimed at inciting rebellion against government authority is termed seditious and can be limited. Media outlets, while often critical of government, must navigate this line carefully to avoid accusations of sedition.

A false statement that injures someone's reputation. Media can be sued for defamation if publishing false information about individuals or organizations. However, public figures have a higher burden of proof to demonstrate malice or reckless disregard for the truth.

The First Amendment of the U.S. Constitution prohibits the government from making laws that infringe upon the freedom of speech. In media, this protects the rights of the press to publish news and opinions without government censorship.

The ability to express oneself without revealing one's identity, protected under the First Amendment. This is crucial for whistleblowers and dissenters, and media must protect sources' confidentiality while ensuring credibility and accuracy of information.

Communication in the form of advertising which is protected by the First Amendment but can be regulated more strictly to prevent consumer deception and harm. Media companies must navigate these regulations to monetize content without misleading consumers.

The legal case around the New York Times' publication of the then-classified Pentagon Papers. It reinforced the standard against prior restraint, emphasizing that the government could not block the publication of documents on security grounds without daunting proof of immediate danger.

A legal doctrine that permits restrictions on freedom of speech if the speech presents a clear and present danger of inciting an imminent lawless action. In media, it restricts reporting that could lead to immediate violence or law-breaking.

A test that allows speech to be restricted if it has the mere tendency to bring about something harmful, not requiring a clear and present danger. It has largely fallen out of favor since it can unduly restrict speech. Media often challenges such restraints to ensure freedom of expression.

The principle that laws affecting speech should not favor one viewpoint over another. This is important in media as it ensures all voices have an equal opportunity to be heard, whether they align with current power structures or not.

Speech that is not protected under the First Amendment and can be censored. The Miller Test is often used to determine if something is obscene. For media, this means self-regulating content to avoid legal issues related to obscenity laws.

Actions that purposefully convey a particular message seen as equivalent to spoken words, protected by the First Amendment. Media coverage of symbolic speech acts, such as protests, is important for highlighting social and political issues.

A former U.S. Federal Communications Commission (FCC) policy that required broadcasters to present both sides of controversial issues fairly. Abandoned in 1987, its absence highlights a debate in media over whether and how to ensure diverse and fair content.

A claim that occurs when someone publishes not necessarily false information, but misleading information that portrays someone in a misleading light. Media must fact-check and contextualize to avoid creating a false impression and subsequent legal liability.

A philosophy suggesting that freedom of speech holds a preferred position as a fundamental right, and any laws restricting it must face greater scrutiny. This impacts media by providing a strong defense against censorship and regulation of content.

Speech that attacks or demeans a group based on race, religion, ethnic origin, sexual orientation, disability, or gender. While generally legal in the U.S., media companies must balance between freedom of expression and the potential societal harms of promoting such speech.