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