REVIEW FOR TEST III.
CONTRACTS
Contract Formation and Duration
promissory estoppel
"best efforts" clause
minors
duration
book publishing: grant and reservation of rights, delivery of satisfactory manuscript/good faith rejection, warranty and indemnity clause
Entertainment Contract Obligations
creative control
morals clause
non-competition clause
confidentiality clause
"based on" credit
unconscionable contracts
Entertainment Contract Remedies and Liabilities
enforcing public service contracts/negative injunction
damages for contract breach: "pay or play," wrongful discharge, consequential damages
Representation and Regulation
NY and CA: laws protecting minors; requirement of agent licensing
breach of fiduciary duty
LEGAL CONCEPTS RELEVANT TO ANALYZING CENSORSHIP ISSUES
RSVP
captive audience
site-specific
public, designated and nonpublic fora
prior restraint
secondary effects
indecency and funding by the NEA
sexual harassment
viewpoint discrimination
vagueness and overbreadth
LEGAL TESTS (Does the censorship involve a 1A violation?)
Strict Scrutiny Test
content-based restrictions/viewpoint discrimination
Time, Place and Manner Test
content neutral restrictions
O'Brien Test
conduct/expression restrictions
Miller Test
obscenity in the U.S.
CASES REFERRED TO BY NAME (Know what the Court decided and why, as well as any relevant tests).
Barnes v. Glen Theatre
Miller v. California
NEA v. Findley
Ward v. Rock Against Racism