Test bank For Mass Media Law, 22nd Edition Clay Calvert, Dan V. Kozlowski and Derigan Silver Chapter

Test bank For Mass Media Law, 22nd Edition Clay Calvert, Dan V. Kozlowski and Derigan Silver Chapter 1-16 Answer are at the End of Each chapter Chapter 1

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

1) State constitutions can give additional rights, apart from those provided by the U.S. Constitution. ⊚ true ⊚ false 2) The Supreme Court has original jurisdiction in disputes between two or more states. ⊚ true ⊚ false 3) Juries sit in appellate court proceedings. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

4) The common law is A) a deductive system of law where the rules are expounded first and then the court decides the legal situation under the existing rules.

B) an inductive system of law in which a legal rule is arrived at after consideration of a great many specific instances or cases.

C) an administrative system of law in which a government official uses a panel of common citizens to develop the rule of law.

D) a legislative system of law that operates at the state and local levels.

5) In the legal citation 539 U.S. 558 (2003), the number 558 refers to the A) docket number of the case.

B) volume of the reporter which contains the case.

C) first page number of the case.

D) federal judicial number of the case.

6) The concept of "statutory construction" best refers to the process of A) legislative bodies creating and drafting the common law.

B) legislative bodies creating and drafting statutes.

C) courts and judges interpreting the meaning of the common law.

D) courts and judges interpreting the meaning of statutes.

7) The U.S. Supreme Court's 2018 ruling in Janus v. American Federation of State, County &

Municipal Employees was an example of the Supreme Court A) following the doctrine of stare decisis.

B) not following the doctrine of stare decisis.

C) applying the void for vagueness doctrine.

D) applying both the void for vagueness doctrine and the overbreadth doctrine.

8) A justice who agrees with the result reached by the majority of the court, but who does not

agree with majority’s reasoning or who wants to emphasize a point ignored by the majority can write is known as a A) concurring opinion.

B) dissenting opinion.

C) plurality opinion.

D) per curiam opinion.

9) The Congress has the authority to abolish every federal court in the land, except for the U.S.

Supreme Court, because A) the Congress is the supreme government institution and it represents the people.

B) the Congress controls the federal budget, including the budget for the courts.

C) the Constitution specifically calls for only one court, the Supreme Court.

D) federal judges are appointed by the Congress.

10) What is the Supreme Court doing when it issues a writ of certiorari?

A) It is ordering a lower court to rehear a case.

B) It is overturning a previous Supreme Court ruling.

C) It is agreeing to hear the appeal of a lower court ruling.

D) It is rejecting an appeal to rehear a case, noting that it is certain its first ruling was

correct.

11) A per curiam opinion is A) an unsigned opinion from an appellate court.

B) an opinion issued by an attorney general.

C) an opinion by a judge or justice who disagrees with the majority opinion.

D) a written legal argument prepared by an attorney.

12) When it comes to granting a petition for a writ of certiorari, the U.S. Supreme Court applies

the A) B) C) D)

rule of three. rule of four. rule of five. rule of six.

13) Which statement about U.S. Courts of Appeals is correct?

A) Each state has its own U.S. Court of Appeals.

B) There are four U.S. Courts of Appeals—one each for the Eastern, Western, Southern,

and Northern United States.

C) There are 13 circuits of the U.S. Courts of Appeals.

D) There are nine U.S. Courts of Appeals, one for each justice on the Supreme Court.

14) The U.S. Supreme Court today typically agrees to hear A) fewer than 100 cases each year.

B) between 100 and 150 cases each year.

C) between 150 and 250 cases each year.

D) more than 250 cases each year.

15) A trial held before a judge and without a jury is known as A) a habeas corpus trial.

B) a bar trial.

C) an en banc trial.

D) a bench trial.

16) Organizations or entities that are not parties to a case but that nonetheless hold a vested

interest or concern with its outcome can sometimes file which types of briefs?

A) habeas corpus B) stare decisis C) amici curiae D) ergo proctor hocs FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question.

17) According to Roscoe Pound, law can be defined as_________ engineering.

18) Common law sometimes is known as_________-made law.

19) The party that commences and files a civil lawsuit against someone else is known as

the_________.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

20) List the five sources of law.

21) List the four different options that courts have when offered a case as precedent by an

attorney for one of the parties in a lawsuit.

22) List three typical forms of judicial decrees in equity law.

23) In addition to naming the parties in a case, identify three things that a complaint filed in a

civil law case will include.

24) What is the legal test or rule for determining when a statute will be declared void for

vagueness?

25) A court will generally overrule a precedent only when there are changes in what three things?

26) What are the two primary ways to argue that a statute violates the First Amendment?

Answer Key Test name: chapter 1 1) TRUE 2) TRUE 3) FALSE 4) B 5) C 6) D 7) B 8) A 9) C 10) C 11) A 12) B 13) C 14) A 15) D 16) C 17) social 18) judge (judge-made) 19) plaintiff 20) Short Answer

The five sources of law are as follows: 1) common law; 2) equity law; 3) statutory law; 4) constitutional law; and 5) executive orders and administrative rules.

21) Short Answer

The four different options that courts have are as follows: 1) follow/accept it; 2) modify/update it; 3) distinguish it; and 4) overrule it.

22) Short Answer

Three typical forms of judicial decrees in equity law are as follows: 1) temporary restraining orders (TRO); 2) preliminary injunctions; and 3) permanent injunctions.

23) Short Answer

The complaint will include the following: 1) a statement of the relevant facts upon which the plaintiff is suing; 2) the legal theory or theories (known as causes of action) upon which the plaintiff is suing; and 3) a request for a remedy or relief (typically, the plaintiff requests monetary damages in a civil lawsuit, although equitable relief also can be sought in some instances).

24) Short Answer

A law will be declared void for vagueness if a person of reasonable and ordinary intelligence would not be able to tell, from looking at its terms, what speech is allowed and what speech is prohibited. Put differently, people of ordinary intelligence should not have to guess at a statute's meaning.

25) Short Answer

Courts generally overrule prior options as bad law only when there are changes in: 1) factual knowledge and circumstances; 2) social mores and values; and/or 3) the judges/justices on the court.

26) Short Answer

(1) By attacking problems with its wording, terms and language (known as a facial attack) (2) By attacking problems with its actual application to a particular factual scenario (known as an asapplied attack)

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

27) The outcome of the seditious libel trial involving John Peter Zenger represents an example of jury nullification. ⊚ true ⊚ false 28) The counterspeech doctrine maintains that the remedy for speech that offends us is not

censorship or violence, but rather the remedy is to add more speech to the marketplace of ideas to counteract or contradict the disagreeable speech. ⊚ true ⊚ false 29) Initially, the First Amendment was an effective tool in blocking prosecutions under the

Espionage Act of 1917. ⊚ true ⊚ false 30) The First Amendment protects only against government censorship. ⊚ true ⊚ false 31) The First Amendment safeguards, or protects, unpeaceful riots or looting. ⊚ true ⊚ false 32) Viewpoint-based discrimination is a subset of content-based regulation and is considered

even worse than a content-based regulation. ⊚ true ⊚ false MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

33) In 2011, the U.S. Supreme Court in Brown v. Entertainment Merchants Association A) upheld a law that allowed the censorship of sexually explicit movies.

B) struck down a law that allowed the censorship of sexually explicit movies.

C) upheld a law that restricted minors' access to violent video games.

D) struck down a law that restricted minors' access to violent video games.

34) Laws limiting minors' access to video games depicting violent images are subject to the

standard of judicial review known as A) intermediate scrutiny.

B) reasonable review.

C) strict scrutiny.

D) rigorous review.

35) The primary goal of free speech in Meiklejohnian theory is A) self-realization.

B) the voting of wise decisions.

C) protecting artistic expression.

D) discovery of the truth.

36) The U.S. Supreme Court's 2012 ruling in United States v. Alvarez struck down part of a

federal law known as the A) Stolen Valor Act. B) Patriot Act. C) Anti-Terrorism Prosecution Act. D) Sedition Act. 37) According to the textbook, a great "historical myth" regarding the First Amendment is that A) it only protects political speech.

B) John Peter Zenger was the individual who drafted it.

C) it is first because it is the most important right.

D) George Washington was the individual who drafted it.

38) The 2009 appellate court ruling in Plame Wilson v. Central Intelligence Agency best

illustrates the point that A) government employees who sign secrecy agreements may be subject to prior restraints.

B) community censorship of the speech of government employees is unconstitutional.

C) jury nullification is a key problem in cases involving the Central Intelligence Agency.

D) the access theory supports the disclosure of Central Intelligence Agency documents.

39) As described in the textbook, the access theory of freedom of expression can be seen as a

remedy to correct some of the flaws with which one of the following other theories?

A) Meiklejohnian theory B) marketplace of ideas theory C) absolutist theory D) self-realization theory

40) The incorporation doctrine links the First Amendment with the A) Second Amendment.

B) Third Amendment.

C) Tenth Amendment.

D) Fourteenth Amendment.

41) The Brandenburg test for incitement is also commonly used in A) libel cases.

B) invasion of privacy cases that involve the intrusion tort.

C) obscenity cases.

D) wrongful death actions aimed at the mass media.

42) The case of United States v. Bell involved a prior restraint on A) national security secrets.

B) fraudulent tax advice.

C) a newspaper publishing false statements about public officials.

D) a newspaper publishing false statements about a child.

FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question.

43) The First Amendment was adopted in the year_________.

44) The balancing theory that weighs the interests in any situation on a case-by-case basis is

known as_________ balancing.

45) In order to justify a regulation on speech under the strict scrutiny standard of judicial review,

the government must prove that it has a_________ interest.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

46) Explain what "community censorship" means and provide an example of it.

47) Set forth the four components or elements of the test articulated by the U.S. Supreme Court

in Brandenburg v. Ohio.

48) Identify the two basic elements or parts of the symbolic speech doctrine.

49) As listed and described in the textbook, set forth the four key rules that are important to

understand when the government engages in a prior restraint on speech.

50) Explain what is meant by absolutist theory.

51) Explain the distinction between content-based and content-neutral regulations.

Answer Key Test name: chapter 2 1) TRUE 2) TRUE 3) FALSE 4) TRUE 5) FALSE 6) TRUE 7) D 8) C 9) B 10) A 11) C 12) A 13) B 14) D 15) D 16) B 17) 1791 18) ad hoc 19) compelling 20) Short Answer

Community censorship involves the silencing of speech by private people or business entities, often as a result of pressure exerted by political activists, public interest groups, and economic stakeholders. [The section in Chapter 2 titled "Community Censorship, Then and Now" includes several examples.]

21) Short Answer

1) The speech in question must be "directed" or intended to cause lawless action. 2) The action in question must be "imminent," meaning that the time between the speech in question and the lawless action must be very close or proximate. 3) The action in question that allegedly is being advocated must actually be "lawless," meaning that there must be a criminal statute forbidding it or punishing it. 4) The action itself must be "likely" to occur, meaning that it is substantially probable to result from the speech in question.

22) Short Answer

1) Actor: The person engaging in the conduct must intend to convey a specific or particular message with his or her conduct. 2) Audience: There must be a great likelihood, under the surrounding circumstances in which the conduct takes place, that some people who witness it will reasonably understand the specific or particular message that was intended by the actor.

23) Short Answer 1. Prior restraints by the government on speech are presumptively unconstitutional and thus

the burden falls on the government to prove in court that a prior restraint is justified.

2. The government's burden in justifying a prior restraint is high, with courts often requiring it to prove there is a compelling interest or an interest of the highest order justifying the restraint.

3. The scope of any prior restraint (how broadly the restraint is drafted and how much speech is restrained) must be very narrow, so as not to stop publication of any more speech than actually is necessary to effectively serve the government's allegedly compelling interests.

4. Speech that falls outside the scope of First Amendment protection (obscenity, child pornography, and false advertising, for instance) can be restrained by the government, but only after a judicial proceeding in which a court has determined that the speech indeed is not protected.

24) Short Answer

Absolutist theory holds that the First Amendment provides for an absolute or complete barrier against any government censorship. The government cannot censor the press or speech for any reason. There are no exceptions, no caveats, no qualifications to the guarantees of free speech and press. The words "no law" in the First Amendment mean exactly that—Congress cannot make any laws restricting expression.

25) Short Answer

Laws that regulate protected speech based on the content, topic or subject matter of that speech are called content-based regulations. In contrast, laws that apply regardless of the content, topic or subject matter of a message are categorized as content-neutral regulations. Content-based regulations are subject to strict scrutiny judicial review. Content-neutral regulations are subject to intermediate scrutiny judicial review.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

52) In McCullen v. Coakley, the U.S. Supreme Court struck down as unconstitutional a state law that made it a crime to stand on a public road or sidewalk within 35 feet of a reproductive health care facility. ⊚ true ⊚ false 53) The Leonard Law applies only in California. ⊚ true ⊚ false 54) The spoken use of the “N” word always constitutes a fighting word. ⊚ true ⊚ false 55) The case of Knight First Amendment Institute v. Trump addressed whether the sidewalk in

front of the White House constitutes a traditional public forum. ⊚ true ⊚ false 56) Places such as prisons, military bases, and utility poles typically are treated by courts to be

designated public forums. ⊚ true ⊚ false 57) In light of the U.S. Supreme Court’s ruling in Mahanoy Area School District v. B.L., the

specific facts of each new off-campus student speech case will be critical in determining if school punishment is permissible ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

58) In 2021, the U.S. Supreme Court: A) ruled in favor of a public high school student who was punished for her off-campus speech B) ruled that public high school officials can never punish students for their off-campus speech C) both “a” and “b” are correct D) neither “a” nor “b” is correct 59) In 2011, the U.S. Supreme Court held in Snyder v. Phelps that the speech of the members of

the Westboro Baptist Church was A) protected by the First Amendment.

B) not protected by the First Amendment because it constituted fighting words.

C) not protected by the First Amendment because it constituted hate speech.

D) not protected by the First Amendment because it constituted obscenity.

60) In order to justify censorship of the on-campus speech of a public school student that is

sexually lewd, vulgar, or offensive, a principal would be wise to look to the precedent and rule created by the U.S. Supreme Court in which one of the following cases?

A) Tinker v. Des Moines Independent Community School District B) Hazelwood School District v. Kuhlmeier C) Bethel School District v. Fraser D) Morse v. Frederick E) Mahanoy Area School District v. B.L. 61) In 2021, a federal district court in Wisconsin in N.J. v. Sonnabend concluded that a public

school’s policy banning weapon imagery on clothing did not violate the First Amendment speech rights of students. According to the textbook, the court reached this conclusion by wrongly choosing to apply the rule from which case?

A) Tinker v. Des Moines Independent Community School District B) Hazelwood School District v. Kuhlmeier C) Bethel School District v. Fraser D) Morse v. Frederick E) Mahanoy Area School District v. B.L.

62) In 2010, the U.S. Supreme Court in Citizens United v. Federal Elections Commission A) upheld a law restricting the speech rights of candidates for President.

B) upheld a law restricting spending by corporations on political advertising.

C) declared unconstitutional a law restricting the speech rights of candidates for

President.

D) declared unconstitutional a law restricting spending by corporations on political advertising.

63) A federal district court in V .A. v. San Pasqual Valley Unified School District in 2017 issued

a preliminary injunction stopping the school district from enforcing a policy that prohibited: A) sexually offensive messages on clothing.

B) wearing clothing with Confederate battle flag imagery.

C) kneeling during the playing of the national anthem.

D) posting disparaging messages about students on the Internet.

64) In 2018, the U.S. Supreme Court held in Minnesota Voters Alliance v. Mansky that the

interior of a polling place on election day constitutes a: A) traditional public forum.

B) designated public forum.

C) limited public forum.

D) nonpublic forum.

FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question.

65) In 2019, a record-setting fine for violating the Clery Act involving not properly reporting acts of sexual violence was imposed on_________ University.

66) The speech at issue in the 2011 U.S. Supreme Court case of Snyder v. Phelps took place near

a_________.

67) The speech at issue in the student-expression case of Morse v. Frederick involved a banner

that read_________.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

68) Set forth completely and accurately the rule created by the U.S. Supreme Court for determining when public school administrators may permissibly censor speech that appears in a school-sponsored newspaper.

69) Describe: a) the student’s speech that was at issue in the case of N.Y. v. San Ramon Valley

Unified School District; b) why the school district did not like the student’s speech; and c) the ultimate outcome of the case in 2020.

70) In 2020, the

U.S. Circuit Court of Appeals in McCraw v. City of Oklahoma City involved a forum analysis of what type of property? Additionally, what type of forum did the Circuit ultimately conclude that this type of property constitutes?

71) Identify three things that the Clery Act requires of all colleges and universities that

participate in federal student-aide programs.

72) As discussed in the textbook, what major problem affecting student newspapers in colleges is

addressed in the laws of only a few states?

73) Identify the four criteria that must be satisfied for a time, place, and manner regulation to

pass constitutional muster under the intermediate scrutiny standard of judicial review.

74) In applying the fighting words doctrine in Connecticut v. Baccala in 2017, the Supreme

Court of Connecticut concluded that which group of individuals, in addition to police, in Connecticut must endure more verbal abuse than others before speech rises to the level of fighting words? In addition, what were examples of the words or phrases used by the defendant in that case that landed her in trouble?

Answer Key Test name: chapter 3 1) TRUE 2) TRUE 3) FALSE 4) FALSE 5) FALSE 6) TRUE 7) A 8) A 9) C 10) B 11) D 12) C 13) D 14) Michigan State 15) funeral 16) Bong Hits 4 Jesus 17) Short Answer

School administrators must have reasons that are reasonably related to legitimate pedagogical concerns in order to properly censor the newspaper.

18) Short Answer

a) The speech was a homemade parody video that portrayed student Nathaniel Yu “as a James Bond-type hero who rescues a person kidnapped by two members of an extremist group who attempted to force the victim to participate in a video game competition;” b) The school district did not like the video because it found the video to be racist and insensitive to Muslims and Middle Eastern people; and c) The school district ultimately paid $665,000 to settle Yu’s First Amendment-based lawsuit against it.

19) Short Answer

The Circuit considered the nature of medians in the center of public roadways. The court concluded that such medians are traditional public forums akin to the public streets and public sidewalks that surround them.

20) Short Answer

The Clery Act requires of all colleges and universities that participate in federal student-aide programs to: 1) give timely warnings of campus crimes that represent a threat to the safety of students and/or employees; 2) make public their campus security policy; and 3) collect and report to the campus community data and statistics on a number of specific crimes.

21) Short Answer

The theft of all issues of student newspapers.

22) Short Answer

The four criteria that must be satisfied for a time, place, and manner regulation to pass constitutional muster under the intermediate scrutiny standard of judicial review are as follows: 1) The regulation must be content neutral. 2) The speech in question cannot be completely banned or prohibited. 3) The government entity restricting the speech must have a substantial interest to justify the regulation. 4) The regulation must be narrowly tailored.

23) Short Answer

Retail store managers (in this case more specifically, a grocery store manager) must take more verbal abuse. Examples of words used by defendant Nina Baccala include “fat ugly bitch” and “cunt.”

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

75) Defamation can be defined as a false statement of fact about the plaintiff that is communicated by the defendant to a third party that causes the plaintiff emotional distress. ⊚ true ⊚ false 76) There is no federal anti-SLAP law. ⊚ true ⊚ false 77) A person can be identified for the purposes of a libel suit even if he or she is not identified by

name specifically in the story. ⊚ true ⊚ false

78) In a defamation case involving a matter of public concern, all plaintiffs have the burden of

proof of proving allegedly defamatory statements are false. ⊚ true ⊚ false 79) The cost of defending against a libel suit is as much of a problem for the press as multi-

million-dollar judgments. ⊚ true ⊚ false 80) In a libel suit, the judge is tasked with determining if a statement is capable of being

defamatory. ⊚ true ⊚ false 81) Republishing a widespread rumor is protected from a libel suit by the First Amendment. ⊚ true ⊚ false 82) Section 230 of the Communication Decency Act protects websites from lawsuits that stem

from content posted by third parties. ⊚ true ⊚ false 83) Advertisements can give rise to defamation claims. ⊚ true ⊚ false 84) A statement is defamatory if it affects a person's reputation with even a single member of a

community. ⊚ true ⊚ false 85) Erroneously reporting that a person has been charged with murder is an example of libel per

quod. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

86) Which of the following cannot sue for civil libel?

A) any living person who has been libeled B) any corporation that has been libeled C) the estate of any dead person who has been libeled D) any corporate officer who has been libeled 87) A newspaper reports that an individual is a sex offender who has not registered with the state.

Which of the following descriptions of this individual would NOT sufficiently identify this person for purposes of a libel suit?

A) the man who lives at 4276 Oak Street in Middleton, Wisconsin B) a Middleton, Wisconsin, resident who is one of the three male faculty members in the Department of Nutritional Sciences at the University of Wisconsin C) a 45-year-old Middleton, Wisconsin, resident D) all of the answers are correct.

88) In evaluating the truth or falsity of an article, a court will consider A) the motives of the defendant.

B) material errors of fact.

C) whether there was time to check the story.

D) all of the answers are correct.

89) In the A) B) C) D)

century, most states regard libel and slander as the same tort. as criminal actions. as federal matters. as violations of the First Amendment.

90) A person who is libel-proof will have difficulty winning a libel suit because A) of the fault rule.

B) there is insufficient identification.

C) he or she resides outside the court's jurisdiction.

D) his or her reputation was seriously damaged even before the publication of the libel.

91) Anti-SLAPP laws A) exist only in California and Florida.

B) have been ruled to be unconstitutional.

C) have been adopted in more than 30 states.

D) are largely ineffective.

92) A defamatory statement causes: A) reputational harm to the plaintiff.

B) emotional distress to the plaintiff.

C) the plaintiff to lose self-esteem.

D) financial harm.

93) Which of the following could not results in a successful defamation lawsuit?

A) a tweet B) a press release C) a newspaper article that accurately quotes a defamatory statement by a source D) all of the above could results in a successful defamation lawsuit 94) Under the statute of limitation libel rules, the date of publication (when the time limit begins)

for a website is A) the date of the most recent update of the website.

B) the date of first publication on the website.

C) the date the libelous story was written and edited, regardless of when it was posted.

D) the date the libelous statement was read by someone who knows the plaintiff.

Answer Key Test name: chapter 4 1) FALSE 2) TRUE 3) TRUE 4) TRUE 5) TRUE 6) TRUE 7) FALSE 8) TRUE 9) TRUE 10) FALSE 11) FALSE 12) C 13) C 14) B 15) A 16) D 17) C 18) A 19) D 20) B

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

95) A plaintiff must only prove that a story has serious errors to prove actual malice. ⊚ true ⊚ false 96) An individual can be regarded as an all-purpose public figure if he or she is well known

nationally or well-known exclusively in the geographic area (such as a state or city) in which the libel was circulated. ⊚ true ⊚ false

97) Once a person is considered a public figure for the purposes of a libel suit, he or she will

always be regarded as a public figure in future libel cases, regardless of the subject matter of the subsequent libelous publication. ⊚ true ⊚ false 98) All government employees are regarded as public officials. ⊚ true ⊚ false 99) Individuals whose actions inadvertently or innocently push them into a public controversy

are never regarded as public figures. ⊚ true ⊚ false 100)

Lower courts have consistently ruled that persons married to or closely associated with public persons are also public persons for the purposes of libel action. ⊚ true ⊚ false

101)

In libel law, a public controversy is defined as a controversy in which the resolution of the issues involved will affect a larger group of persons than those directly involved in the dispute. ⊚ true ⊚ false

102)

Whether or not a reporter sought a comment from the subject of a libelous story will always be a critical factor in determining actual malice. ⊚ true ⊚ false

103)

All businesses are regarded as public figures for the purposes of a libel suit. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

104) Which of the following does NOT accurately describe New York Times v. Sullivan (1964)?

A) The Supreme Court said that, as a public official, Sullivan voluntarily took on a job that invited public attention and criticism.

B) The Supreme Court ruled that public officials must prove actual malice in libel suits.

C) The Supreme Court said we had a national commitment to the principle that debate on public issues should be robust, uninhibited, and wide open.

D) The Supreme Court ruled that all libel plaintiffs must prove some level of fault.

When considering indirect or “circumstantial” evidence, some courts have used three factors to determine whether a reporter or editor exhibited reckless disregard for the truth.

Which of the following is NOT one of these three?

A) What was the nature of the story?

B) How reliable was the source of the story?

C) Was the story probable or inherently believable?

D) Did the reporter or editor demonstrate ill will toward the subject of the report?

105)

106)

In the 1967 ruling involving the two cases AP v. Walker and Curtis Publishing Co. v.

Butts, the Supreme Court laid down a test for A) libel per se.

B) truth.

C) reckless disregard.

D) none of the answers is correct.

107)

A reporter who deliberately alters a direct quote from a news source may be guilty of actual malice if A) the alteration results in a material change in the meaning of the statement.

B) the altered material turns out to be false.

C) the alteration puts the quoted individual in a bad light.

D) the alteration is the result of a failure to exercise reasonable care.

108)

In determining whether an individual is a limited-purpose public figure for purposes of a libel action, a court will consider A) whether the individual was involved in a public controversy.

B) the nature of the defamatory statement and whether it is related to a controversy (was “germane to” the controversy) in which the individual was involved.

C) if the individual attempted to sway public opinion about a controversy.

D) all of the answers are correct.

109)

In which of the following situations would an individual most likely be deemed to be a public official in a libel suit?

A) A newspaper story reports that a public-school teacher said she was born in the United States on her job application when she was really born in France.

B) A story claims that a custodian at a state office building was accused of stealing cleaning supplies.

C) A story alleges that a city councilwoman has taken money from a developer in exchange for her vote to approve a rezoning application.

D) None of the answers is correct.

110)

Which of the following would be considered a public official?

A) A person who is elected to public office, even if the office has little power.

B) A person who is appointed or hired to a government job if the job has or appears to have a great deal of power.

C) A person who is appointed or hired to a government job who has a lot of visibility to the public.

D) All of the above.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

111) What are the criteria for a limited-purpose public figure?

112)

Distinguish between negligence and actual malice.

113)

114)

How has the Supreme Court defined reckless disregard?

What type of evidence do courts consider to determine if a publication was published with actual malice?

Answer Key Test name: chapter 5 1) FALSE 2) TRUE 3) FALSE 4) FALSE 5) FALSE 6) FALSE 7) TRUE 8) FALSE 9) FALSE 10) D 11) D 12) C 13) A 14) D 15) C 16) D 17) Short Answer

The individual must normally have been involved in a public controversy, must have voluntarily stepped into the public spotlight, and must have made some attempt to lead public opinion toward the resolution of a public issue.

18) Short Answer

Negligence has been generally defined as the failure to exercise reasonable care. Actual malice requires proof of a far higher level of misbehavior on the defendant's part. Evidence that the material was published even though the defendant knew it was false, or that the defendant exhibited reckless disregard for the truth, is required.

19) Short Answer

The court has defined reckless disregard as publishing with a high degree of awareness of probably falsity, publishing with serious doubts about the truth of the publication, or purposefully avoiding the truth.

20) Short Answer

Courts consider direct state-of-mind evidence or what the defendant knew or thought at the time of publication and indirect or circumstantial evidence.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

115) For the purposes of a libel suit, a statement on Facebook has not been "published." ⊚ true ⊚ false 116)

Comments made during a civil court proceeding are not protected by the defense of qualified privilege. ⊚ true ⊚ false

117)

The statute of limitations for libelous matter on the Internet begins the day the matter is first accessed by a user. ⊚ true ⊚ false

118)

The statute of limitations in most states is three years. ⊚ true ⊚ false

119)

A First Amendment defense of opinion also protects false statements of fact contained in an article that is mostly opinion. ⊚ true ⊚ false

120)

The Supreme Court has barred the awarding of punitive damages in libel suits. ⊚ true ⊚ false

121)

Presumed and punitive damages are typically larger than compensatory damages. ⊚ true ⊚ false

122)

If a plaintiff has consented to the publication of a defamatory statement, he or she cannot later sue for damages because of that publication. ⊚ true ⊚ false

123)

News stories based on inaccurate government reports will normally be protected by the defense of qualified privilege. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

124) Under the statute of limitation for libel rules, the date of publication (when the time limit begins) for an online publication is A) the last time the website containing the defamatory content was viewed.

B) the date the defamatory content was published.

C) the date the libelous content was created, regardless of when it was published.

D) none of the answers is correct.

125)

A difference between absolute privilege and qualified privilege is A) absolute privilege protects speakers in legislative forums, while qualified privilege protects those who report communications in official government proceedings.

B) absolute privilege has roots in the Constitution, while qualified privilege developed through the common law and state statutes.

C) qualified privilege only applies if a report is fair and accurate, while accuracy and fairness do not apply to absolute privilege.

D) all of the answers are correct.

126)

In defending a lawsuit based on statements of opinion, the defendant may win the case A) by arguing that the statements are rhetorical hyperbole.

B) by arguing that the statements are protected by the First Amendment.

C) by arguing that the statements are fair comment and criticism.

D) all of the answers are correct.

127)

Which of the following would NOT be covered by the defense of qualified privilege?

A) comments made by a protester on the steps of a police station B) comments contained in a police blotter or jail register C) statements made by a mayor during her annual state of the city address D) all of the answers are correct.

128)

The criteria of the Ollman test for libelous opinion include A) the provability of the statement, the context of the remarks, and the ordinary meaning of the words.

B) the provability of the statement, the context of the remarks, and the status of the speaker.

C) the context of the remarks, the status of the speaker, and the nature of the audience.

D) all of the answers are correct.

129)

The libel defense of neutral reportage A) protects journalists when they report on matters of private concern.

B) protects exaggerated opinion statements.

C) has been accepted by most state courts.

D) none of the answers is correct.

130)

Defenses against libel actions, in addition to qualified privilege and the opinion defense, include A) consent and innocent action.

B) right of reply and innocent action.

C) consent.

D) innocent action and mitigating circumstances.

131)

Which of the following is likely to be an actionable statement under current law?

A) My professor is the worst media law professor.

B) LeBron James is the most overrated player in the history of the NBA. C) The CEO of Exxon is raping our natural resources.

D) None of the above statements is likely to be actionable.

132)

An unverifiable statement of opinion can lose its protection if it: A) implies the existence of false, defamatory but undisclosed facts B) is based on disclosed but false or incomplete facts C) is based on erroneous assessments of accurate information D) All of the above.

133)

Which of the following statements about damages is true?

A) Compensatory damages are designed to compensate the plaintiff for injuries.

B) Punitive damages are designed to punish the defendant C) Actual damages are designed to compensate for intangible injuries of reputation D) Special damages are specific items of monetary loss, such as lost wages, caused by defamatory statements.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

134) How does the Ollman test differ from the Milkovich test as a means of distinguishing fact from opinion?

Answer Key Test name: chapter 6 1) FALSE 2) FALSE 3) FALSE 4) FALSE 5) FALSE 6) FALSE 7) TRUE 8) TRUE 9) TRUE 10) B 11) D 12) D 13) A 14) A 15) D 16) C 17) D 18) D 19) D 20) Short Answer

Milkovich focuses on a single question: Can it be proved that the defamatory material is true or false? Ollman examines that issue, but also asks about the ordinary meaning of the words and the journalistic and social contexts that generated the defamatory statements.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

135) Under the appropriation law, a celebrity's likeness includes much more than his or her name or face. ⊚ true ⊚ false 136)

The use of a name or likeness in any publication sold to a reader for a profit is considered an appropriation. ⊚ true ⊚ false

137)

A corporation enjoys the same personal right of privacy as a living person. ⊚ true ⊚ false

138)

The publication of information that has been obtained through an illegal intrusion is not considered an invasion of privacy if the reporter or editor had nothing to do with the intrusion. ⊚ true ⊚ false

139)

You do not have a reasonable expectation of privacy in a public place even if you wear revealing clothing or you are in a car accident. ⊚ true ⊚ false

140)

The defense of newsworthiness in a privacy lawsuit extends to stories about important governmental, economic, foreign policy, or political issues, but it does not extend to stories about social or cultural issues. ⊚ true ⊚ false

141)

An employee who uses a company computer has a reasonable expectation of privacy with regard to the e-mails he or she sent or received. ⊚ true ⊚ false

142)

It is not an invasion of privacy to record a conversation between two people if the conversation takes place in a public place where there is not a reasonable expectation of privacy. ⊚ true ⊚ false

143)

The First Amendment prohibits appropriation lawsuits for plays, films, books, and television programs even if they make money. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

144) Which of the following is an accurate statement about the right of publicity?

A) In some states, the right can be passed on to heirs.

B) The plaintiff in a right of publicity suit can claim monetary loss.

C) It is based on an individual’s right to profit from his or her own identity.

D) All of the above are accurate statements about the right of publicity.

145)

Transformative use in a right of publicity case refers to A) a use that transforms the plaintiff's likeness into something the defendant can sell.

B) a use that is not a literal depiction of the plaintiff's likeness but that adds creative elements.

C) the judicial transformation of an appropriation claim into a right to publicity claim.

D) a use that takes a person who is a celebrity in one field and transforms that celebrity to another field; like making a musician into a TV actor.

146)

One of the most important scholarly articles contributing to the legal recognition of a right to privacy in the United States was published in 1890 in the Harvard Law Review and was co-authored by A) Warren and Brandeis.

B) Calvert, Kozlowski, and Silver.

C) Holmes and Smithfield.

D) Alito and Sotomayor.

147)

A person whose photo is taken without her permission while she is walking down a public sidewalk cannot successfully sue for public disclosure of private facts but could successfully sue for A) false light invasion of privacy.

B) trespassing.

C) intrusion.

D) none of the answers is correct.

148)

The intrusion tort differs from other right to privacy torts (appropriation, public disclosure of private facts, and false light) because A) publication of information is not required to establish a legitimate cause of action for intrusion.

B) intrusion is recognized in only a minority of the states in the nation.

C) while litigation in the other three tort areas has grown sharply in the past two decades, the number of intrusion cases has dropped sharply.

D) only celebrities or well-known individuals can successfully sue for intrusion.

149)

The Booth rule is applicable in which of the four varieties of invasion of privacy?

A) appropriation B) intrusion C) private facts D) false light

150)

In order to sue for publication of private facts, the plaintiff must demonstrate the revelation of the private facts were: A) highly offensive to the plaintiff.

B) highly offensive to a reasonable person.

C) highly offensive to the average person.

D) highly offensive to the judge.

151)

A woman is filmed swimming in a backyard swimming pool in a revealing bikini. When determining if she can sue, the court would consider A) if the woman had a reasonable expectation of privacy.

B) if the woman could be easily observed from the surrounding area such as a public sidewalk.

C) the size, location, and layout of the fence around the backyard.

D) all of the answers are correct.

152)

For the purposes of an appropriation suit, which of the following is not likely to be considered a commercial use?

A) a newsletter for a non-profit organization describing a recent fundraising speech given by a famous celebrity B) a picture of the Supreme Court Justice Ruth Bader Ginsburg's face printed on her personal coffee mug C) a commercial run at 8:00 p.m. for a broadcast news' 10:00 p.m. story on the opening of a local water park D) None of the above are likely to be considered a commercial use.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

153) Discuss briefly whether American courts consider it possible for a well-known person to pass on his or her right of publicity to an heir.

154)

What are the circumstances in which written consent may not suffice as a defense in an appropriation case?

Answer Key Test name: chapter 7 1) TRUE 2) FALSE 3) FALSE 4) TRUE 5) TRUE 6) FALSE 7) FALSE 8) TRUE 9) TRUE 10) D 11) B 12) A 13) D 14) A 15) A 16) B 17) D 18) D 19) Short Answer

Courts in a few states have ruled that it is impossible to pass on such a right, but these states are clearly in the minority. Other states have said that the right may be passed on only if the individual tried to exploit this right before he or she died. More commonly, the courts and legislatures in most states have decided that such a right may be passed on to an heir under any circumstance. Many times, this is protected by the state statutory law.

20) Short Answer

(1) If the individual who gave consent could not legally give consent because, for example, he or she was underage. (2) If considerable time passed between when the consent was given and when the name or likeness was used for advertising or trade purposes. (3) If the photograph of the individual was substantially altered before publication, so it was not really the same photograph that the plaintiff consented to have used.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

155) In a public disclosure of private facts lawsuit, courts will if a story was reported in a sensational way, as well as what information was reported. ⊚ true ⊚ false 156)

American businesses enthusiastically adopted Internet privacy provisions identical to those adopted in the European Data Privacy Directive. ⊚ true ⊚ false

157)

Information obtained in court documents is not considered private. ⊚ true ⊚ false

158)

If anyone knows information about you—even one person—that information is no longer considered "private." ⊚ true ⊚ false

159)

Television shows that feature fictionalized versions of real individuals and events have been the subjects of successful false light law suits. ⊚ true ⊚ false

160)

Using a photo with an unrelated story that causes a false impression about the person in the photo can be the basis for a successful lawsuit. ⊚ true ⊚ false

161)

In false light invasion of privacy suits, the plaintiff must prove the defendant acted with actual malice. ⊚ true ⊚ false

162)

Newsworthy information cannot be the basis of a successful lawsuit for publication of private facts. ⊚ true ⊚ false

163)

If you are involved in a newsworthy event by no fault of your own, you can sue for publication of private facts because you did not choose to be newsworthy. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

164) To win a lawsuit for the publication of private facts, the plaintiff must show that A) the facts were private.

B) the revelations would be highly offensive to a reasonable person.

C) the public would not have a legitimate interest in the facts.

D) all of the answers are correct.

165)

Which of the following would provide the plaintiff with a strong chance of winning a private facts lawsuit?

A) publication of the school records of a student charged with shooting a classmate during a gym class B) publication of the contents of a conversation between a man and a woman sitting in a booth in Denny’s restaurant that was overheard by a reporter C) posting a video on the Internet of a man and a woman having sexual relations in a car parked in a public parking lot D) none of the answers is correct.

166)

The publication of the name of the victim of a rape is regarded as A) wrong both ethically and legally.

B) always permissible both ethically and legally.

C) permissible legally but debatable ethically.

D) permissible ethically but legally wrong.

167)

If Debra Price sued a newspaper for invasion of privacy after it reported that in 1971 she was arrested for planting a bomb under a police car during a protest demonstration, most courts would rule A) that the publication of such information today no longer has any public interest and is an invasion of her privacy.

B) that publishing a story about her arrest was an invasion of privacy because the newspaper did not report whether she had been convicted of the charge.

C) that it is permissible to relate stories about a person's past public life.

D) that the statute of limitations for the lawsuit had expired.

168)

To succeed in a cause of action for public disclosure of private facts, the private fact must be communicated A) to one person other than the plaintiff and the defendant.

B) to a wide audience.

C) by the defendant for at least a 24-hour period.

D) by the defendant for at least five business days.

169)

Which of the four invasion of privacy torts has received the least recognition by state courts?

A) appropriation B) public disclosure of private facts C) false light D) intrusion

170)

The two areas of the law of privacy that currently seem most affected by the Internet are A) appropriation and intrusion.

B) appropriation and public disclosure of private facts.

C) public disclosure of private facts and intrusion.

D) false light and private facts.

171)

In a false light invasion of privacy suit, the publication must be highly offensive to A) the plaintiff.

B) the judge.

C) a reasonable person.

D) the average member of the community.

In 2016, Terry Gene Bollea, better known as “Hulk Hogan” sued Gawker for $140 million dollars for publishing a sex tape featuring the former professional wrestler. Which of the following is true about the case?

A) The jury found that the publication of Hogan's sex tape was not newsworthy.

B) The jury found that the publication of Hogan's sex tape was not highly offensive.

C) The jury found that famous individuals like Hogan have lost the right to privacy.

D) The jury found that the sex tape would be highly offensive, but Gawker had a right to publish it because people wanted to watch it.

172)

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

173) What must a plaintiff, who is suing for the publication of private facts, prove to the court to win his or her suit?

174)

Most persons think of the publication of private facts about a person when they think of the right to privacy, yet this variety of the tort has been the least accepted by the courts.

Why?

Answer Key Test name: chapter 8 1) FALSE 2) FALSE 3) TRUE 4) FALSE 5) TRUE 6) TRUE 7) TRUE 8) TRUE 9) FALSE 10) D 11) D 12) C 13) C 14) B 15) C 16) C 17) C 18) A 19) Short Answer

The material was publicized; what was publicized were private facts; the revelation of these facts would be offensive to a reasonable person; and there is no legitimate public interest in these facts.

20) Short Answer

A successful suit for the publication of private facts punishes the publication of truthful information that has been legally obtained. Punishing such a thing seems to run against the basic tenets of American journalism and the First Amendment. Also, American judges have generally agreed that readers or viewers have a broad range of legitimate interests, making it difficult for the plaintiffs to prove an important element of the tort.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

175) The Supreme Court has ruled that journalists may accompany the police when they execute search warrants, even if the property owners protest, because such press coverage assists the public in understanding how law enforcement agencies operate. ⊚ true ⊚ false 176)

A helicopter hovering above a person's property at a very low altitude for a prolonged period of time may constitute a trespass over that person's property. ⊚ true ⊚ false

177)

Plaintiffs’ attorneys can sue not just for how news is reported but also for how news is gathered. ⊚ true ⊚ false

178)

One of the numbered exemptions to the federal Freedom of Information Act exempts from disclosure agency records that reveal trade secrets. ⊚ true ⊚ false

179)

The U.S. Supreme Court ruled in 2011 in FCC v. AT&T, Inc . that FOIA Exemption 7(c) applies to corporate entities. ⊚ true ⊚ false

180)

In the 2018 case Electronic Privacy Information Center v. Internal Revenue Service, the U.S. Court of Appeals for the District of Columbia rejected an attempt by the Electronic Privacy Information Center to obtain President Donald Trump's tax records from the Internal Revenue Service through a FOIA request. ⊚ true ⊚ false

181)

Most courts have ruled that there is a First Amendment right to record the police in public places such as streets, parks and sidewalks. ⊚ true ⊚ false

182)

In the 2019 case Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court expanded the type of “confidential” private business information that does not have to be disclosed under Exemption 4 of FOIA. ⊚ true ⊚ false

183)

In the 2021 case U.S. Fish and Wildlife Service v. Sierra Club, the U.S. Supreme Court ruled that Exemption 5 doesn’t require federal agencies to release in-house draft opinions that don’t result in a final regulation or agency decision. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

184) Under the federal Freedom of Information Act, a government agency has how many working or business days to respond to a request for records after it receives the request?

A) 5 B) 10 C) 15 D) 20 185)

Records of which of the following are NOT subject to the federal Freedom of Information Act? A) The U.S. Congress B) The U.S. Supreme Court C) Both the U.S. Congress and the U.S. Supreme Court D) The Federal Trade Commission

186)

The decision by the U.S. Supreme Court in 2004 in National Archives & Records Administration v. Favish was about a dispute over access to A) financial data.

B) death-scene photographs.

C) the military records of President George W. Bush.

D) the special operation forces in Iraq.

187)

In making federal FOIA requests, representatives of the news media A) are charged 50¢ for each page that must be duplicated by the responding agency.

B) are not charged any amount for each page that must be duplicated by the responding agency.

C) receive the first 100 pages of duplicated records free of charge, but then are charged for each page duplicated after 100.

D) are charged 50¢ for each page that must be duplicated by the responding agency, as well as a reasonable fee for search time that is adjusted each year for inflation.

188)

When it comes to journalists recording and taping telephone conversations, the vast majority of states fall into the category of A) no-party consent states.

B) one-party consent states.

C) all-party consent states.

D) multi-party consent states.

189)

In determining whether to award attorney fees to a plaintiff who has prevailed in a FOIA lawsuit against a government agency, courts often consider A) the wealth of the plaintiff prior to the lawsuit.

B) the commercial benefit to the plaintiff of obtaining the information.

C) both "a" and "b" are correct.

D) neither "a" nor "b" is correct.

190)

Journalists who trespass are subject to A) civil liability.

B) criminal prosecution.

C) both civil liability and criminal prosecution.

D) neither civil liability nor criminal prosecution.

191)

Who may request records under the FOIA? A) journalists B) any citizen of the United States C) any citizen or corporation of the United States D) anyone

192)

Which of the following is true about the FOIA? A) There is no initial fee to file a FOIA request.

B) Despite the 20-day deadline for an agency to respond to a request, the FOIA requesters frequently face long delays and many agencies fail to respond in 20 days.

C) Under the FOIA, you can make expedited requests.

D) All of the answers are correct.

FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question.

193) The case of Wilson v. Layne illustrates the principle that when law enforcement officials bring reporters during a ride-along inside a private home during an otherwise valid search, they may violate the_________ Amendment.

194)

The federal law adopted in 1974 that is designed to safeguard the privacy of students’ education records is known by the acronym_________.

195)

The federal law and rules designed to protect the privacy of information of medical patients is known by the acronym_________.

196)

The Office of_________ was created as part of the Open Government Act of 2007 to serve as an ombudsperson and to mediate FOIA disputes as a nonexclusive alternative to litigation.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

197) In 2016, President Barack Obama signed a bill that significantly reformed and improved access to public records. What is the most important thing the bill accomplished?

198)

As described in the textbook, define trespass.

199)

Identify the four factors courts generally use for determining whether a government agency has sufficient “control” over a document to render it an “agency record” for purposes of the federal Freedom of Information Act.

200)

In general, explain how the courts have responded to the argument that the First Amendment protects the right to gather news.

201)

202)

What is a Glomar response?

What are examples of law enforcement seemingly targeting journalists as they covered demonstrations in 2020 and 2021?

Answer Key Test name: chapter 9 1) FALSE 2) TRUE 3) TRUE 4) TRUE 5) FALSE 6) TRUE 7) TRUE 8) TRUE 9) TRUE 10) D 11) C 12) B 13) C 14) B 15) B 16) C 17) D 18) D 19) Fourth 20) FERPA (Family Educational Rights and Privacy Act) 21) HIPAA (Health Insurance Portability and Accountability Act) 22) Government Information Services 23) Short Answer

The bill codified the "foreseeable harm" standard, meaning that even if a record falls within one of the FOIA's nine exemptions, it will still be released unless it is reasonably foreseeable that disclosure would harm an interest protected by an exemption.

24) Short Answer

An intentional, unauthorized (i.e., without consent) entry onto land that is occupied or possessed by another.

25) Short Answer

1) the intent of the document's creator to retain or relinquish control over the records; 2) the ability of the agency to use and dispose of the record as it sees fit; 3) the extent to which agency personnel have read or relied upon the document; and 4) the degree to which the document was integrated into the agency's record system or files

26) Short Answer

Courts have generally rejected this argument. The press has had a very limited amount of success both in using the First Amendment to open doors to gain access to documents and records and in shielding the actions of reporters who break the law in pursuit of news and information.

27) Short Answer

Glomar responses are often thorns in the side of FOIA requesters seeking national security information. An agency issues a Glomar response to a FOIA request when it refuses to confirm or deny the existence of records on the ground that even to acknowledge the records' existence would cause the harm underlying a FOIA exception. The Glomar doctrine originated in a 1976 case before the U.S. Court of Appeals for the District of Columbia. Since that case, the Glomar rationale has been invoked by agencies outside of the national security context, leading FOIA litigants to say they suffer from what they call " Glomar fatigue."

28) Short Answer

The section in Chapter 9 titled “Covering and Recording Protests and Police” includes several examples.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

203) The Supreme Court has ruled that the First Amendment grants special exceptions to reporters that prevent them from having to respond to a subpoena in any instance. ⊚ true ⊚ false 204)

In 2021, the Department of Justice significantly revised the guidelines that define when and how a federal prosecuting attorney can obtain a subpoena against a working reporter. ⊚ true ⊚ false

205)

The key to understanding the Supreme Court's ruling in Branzburg v. Hayes is to understand Justice Lewis Powell's concurring opinion. ⊚ true ⊚ false As of 2021, each state that had adopted a shield law defined the critical term “journalist” as “a person engaged in the business of either gathering or reporting news.” ⊚ true ⊚ false

206)

207)

In 2021, President Joe Biden signed into law a federal shield statute protecting journalists who appear in federal court proceedings from having to reveal the identity of their confidential sources. ⊚ true ⊚ false

208)

One of the first things reporters should do after receiving a subpoena is to try to destroy the records sought so they won't have to surrender the material. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

209) In 2013, which of the following journalists fought a subpoena relating to her confidential sources for a story about the prosecution of James Holmes for the Aurora, Colo., theater shooting?

A) Rachel Maddow B) Jana Winter C) Maureen Dowd D) Diane Sawyer 210)

In 2011, a federal appellate court in the case of Chevron Corp. v. Berlinger, involving a documentary called "Crude" made by Joseph Berlinger, held that Berlinger could not assert a journalistic privilege because A) he lacked journalistic independence.

B) his work was a documentary film, not a televised news story.

C) he was not a credentialed journalist.

D) he did not work for a news organization.

211)

The Privacy Protection Act of 1980 came as a legislative response to which one of the following U.S. Supreme Court cases?

A) Cohen v. Cowles Media Co. B) Reporters Committee v. AT&T C) Branzburg v. Hayes D) Zurcher v. Stanford Daily

212)

In Zurcher v. Stanford Daily, the U.S. Supreme Court ruled that newsroom searches A) by government agents were a direct interference with freedoms protected by the First Amendment and are impermissible.

B) by government agents are not a First Amendment issue but are governed by the Fourth Amendment and are clearly permissible.

C) by government agents are not a First Amendment issue but are governed by the Fourth Amendment and are clearly impermissible.

D) are limited, but not totally banned, by the First Amendment.

213)

In determining whether a First Amendment-based privilege protects journalists from revealing confidential information and/or confidential sources in criminal trials in which the defendant is seeking the information, courts must balance the First Amendment against A) the Fourth Amendment.

B) the Sixth Amendment.

C) both the Fourth Amendment and the Sixth Amendment.

D) neither the Fourth Amendment nor the Sixth Amendment.

214)

The legal theory under which the plaintiff in Cohen v. Cowles Media Co. ultimately prevailed is called A) breach of contract.

B) negligence.

C) promissory estoppel.

D) defamation.

215)

As of 2021, about how many states had shield laws protecting journalists from revealing certain information and/or confidential sources in court proceedings?

A) 5 to 10 B) 11 to 15 C) 35 to 45 D) All 50 states

216)

Which one of the following cases centered on the ability of journalists to refuse to testify in grand jury proceedings?

A) Cohen v. Cowles Media Co. B) Reporters Committee v. AT&T C) Branzburg v. Hayes D) Zurcher v. Stanford Daily

217)

Which one of the following cases centered on the ability of confidential sources to sue journalists who breach promises of confidentiality?

A) Cohen v. Cowles Media Co. B) Reporters Committee v. AT&T C) Branzburg v. Hayes D) Zurcher v. Stanford Daily

218)

Ten out of twelve of the federal appellate courts have ruled that the First Amendment provides at least limited or qualified protection for reporters who are asked to testify or produce photos or materials in proceedings EXCEPT A) civil trials.

B) criminal trials.

C) grand juries.

D) habeas corpus.

219)

A 2006 appellate court decision in the California case of O'Grady v. Superior Court was A) a victory for Web site operators seeking protection as journalists in refusing to disclose their sources of information about Apple Computers.

B) a defeat for Web site operators seeking protection as journalists in refusing to disclose their sources of information about Apple Computers.

C) a victory for Web site operators under the laws of promissory estoppel after they breached promises of confidentiality to their sources of information.

D) a defeat for Web site operators under the laws of promissory estoppel after they breached promises of confidentiality to their sources of information.

220)

As of 2021, the only state that did not recognize some form of a privilege (be it statutory, common law, or constitutional) for journalists seeking to preserve the confidentiality of sources or information was A) Missouri.

B) Florida.

C) California.

D) Wyoming.

FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question.

221) As described in the textbook, the most famous confidential source in modern American journalism history was a man who died in 2008 named_________.

222)

The earliest reported case of a journalist refusing to disclose the identity of a confidential source involved a New York Herald reporter who had obtained information about the_________ War.

223)

The_________ rule prohibits journalists from breaking a court order before challenging it in court.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

224) Set forth the three questions that courts typically ask in a civil lawsuit in determining whether a qualified reporter's privilege not to testify should be overcome.

225)

Describe both the information that James Taricani wanted to keep secret and who was seeking the information from Taricani.

226)

Explain the significance of the Department of Justice.

227)

Circuit's 2015 ruling in Convertino v. United States

The American Civil Liberties Union hailed the Supreme Court's 2018 decision in Carpenter v. United States as "a groundbreaking victory for Americans' privacy rights in the digital age." Although the case was ultimately about the Fourth Amendment, explain the case's important implications for press freedom.

Answer Key Test name: chapter 10 1) FALSE 2) TRUE 3) TRUE 4) FALSE 5) FALSE 6) FALSE 7) B 8) A 9) D 10) B 11) B 12) C 13) C 14) C 15) A 16) C 17) A 18) D 19) W. Mark Felt 20) Mexican-American 21) collateral bar 22) Short Answer

1) Has the person seeking the information from the reporter—normally, the plaintiff—shown that the information is of certain relevance in the case? 2) Does the information being sought go to the heart of the case such that it is critical to the outcome of the case? and 3) Can the person who wants the information demonstrate to the court that the information is not available from sources other than the reporter?

23) Short Answer

Taricani was trying to keep secret the identity of a source who leaked to him a copy of a secret surveillance videotape of an FBI informant handing an envelope that allegedly contained a cash bribe to a city official. The information was being sought by a special prosecutor.

24) Short Answer

The Circuit appeared to give journalists another weapon (the Fifth Amendment) in their battle to protect source confidentiality—at least under certain circumstances. The Convertino case involved a journalist who had “leaked” written government reports. The Circuit said that Convertino’s suit against the Department of Justice “alleges facts that if proven could implicate [the journalist] in the commission of one or more crimes, including the allegation that federal officials illegally provided the journalist with two confidential documents.” Even if it was unlikely that the journalist actually would have been prosecuted if he had revealed his sources, the Circuit ruled that the fact that prosecution was at least possible meant that the journalist’s invocation of the Fifth Amendment was valid.

25) Short Answer

In the case, the Supreme Court required the government to obtain a warrant in order to acquire cellphone location data. For the government to access cellphone location data, the Court said, amounts to a search within the meaning of the Fourth Amendment – and that search requires a warrant supported by probable cause. “Before compelling a wireless carrier to turn over a subscriber’s [cellphone location information], the Government’s obligation is a familiar one—get a warrant,” the Court concluded. The case has implications for journalists’ ability to gather news without their movements, or their sources’, being surveilled. If the government could access cellphone location records without much judicial oversight, a journalist’s ability to maintain the confidentiality of sources would be threatened.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

228) In determining if a presumption of access applies to a particular court proceeding, courts use the experience and logic test. ⊚ true ⊚ false 229)

230)

Most judges and attorneys have faith thatvoir dire examinations can produce a fair jury. ⊚ true ⊚ false

The Supreme Court of the United States first suggested the idea of using restrictive orders to control the press coverage of a criminal case in the wake of the O.J. Simpson murder trial in Los Angeles. ⊚ true ⊚ false

231)

The publication before a trial of reports that the defendant has confessed to the crime is permissible because such confessions are always truthful. ⊚ true ⊚ false

232)

As most trials do not receive a great deal of publicity, pre-trial measures to reduce publicity are not necessary for most of them. ⊚ true ⊚ false

233)

The press is never permitted to challenge a restrictive order aimed at trial participants because it lacks standing. ⊚ true ⊚ false

234)

The Supreme Court has ruled that defense lawyers can, in some circumstances, be barred from making statements about a pending case. ⊚ true ⊚ false

235)

Judges have the broad authority to bar jurors from speaking with reporters after a trial. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

236) The definition of an impartial juror under the law is one who A) has heard or read nothing about the case.

B) has not posted about the case on social media.

C) has formed no impressions about the case.

D) may have heard things about the case but has an open mind about the defendant's guilt or innocence.

237)

When a change of venue is granted in a state court, the judge is free to move the trial A) to another court in the same community.

B) to another community in the same state.

C) to another community anywhere in the nation.

D) to a later date.

238)

When a court orders a change of veniremen, this means that A) jurors who will hear the case will be selected from a community distant from the community in which the defendant will be tried.

B) the trial will be moved to a community distant from the community in which the crime was committed.

C) a new jury panel must be selected because of racial or gender imbalance.

D) the case will be heard without a jury.

239)

Which of the following pretrial stories would NOT be regarded by most judges as being prejudicial to a criminal defendant?

A) a report that the defendant's fingerprints were found on the murder weapon B) a report that the defendant had confessed to the crime C) a report that the defendant was a member of a notorious street gang whose members had been linked to several killings D) a report that the defendant was arrested as he attempted to board a plane

240)

A trial judge has an absolute right to bar a juror from A) using a handheld communication device like a smartphone or a Blackberry during a trial.

B) talking with other jurors about the case during the trial.

C) talking with the media about the case after the trial is completed.

D) none of the answers is correct.

241)

Since the Supreme Court ruling in the Nebraska Press Association case, restrictive orders against the press A) have become much less common.

B) have become more common against TV stations but less common against newspapers.

C) have greatly increased for all mass media.

D) are usually rejected by trial courts but imposed by appellate courts.

242)

Under the rule enunciated in Nebraska Press Association v. Stuart, a judge may consider imposing a restrictive order against the press if A) a defendant has confessed to a crime.

B) the publicity being generated is patently false.

C) no other measure is likely to mitigate the effects of the publicity.

D) there is even a slight chance that the case will generate prejudicial publicity.

243)

Which of the following is not a judicial remedy for pre-trial publicity?

A) Change of venue B) Voir dire C) Continuance D) Avoidance

244)

When considering when a change of venue is required, courts consider: A) the magnitude and tone of media coverage B) the population and characteristics of the community in which the crime occurred C) the amount of time elapsed between the crime and the trial D) all of the above

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

245) What are the processes or legal devices a trial judge can use to try to ameliorate or remedy the effects of mass media publicity about a case?

246)

What must a trial judge do before he or she can issue a restrictive order against the press during a criminal proceeding?

Answer Key Test name: chapter 11 1) TRUE 2) TRUE 3) FALSE 4) FALSE 5) TRUE 6) FALSE 7) TRUE 8) FALSE 9) D 10) B 11) A 12) D 13) A 14) A 15) C 16) D 17) D 18) Short Answer

The judge can select from six remedies: a change of venue, a change of veniremen, intensive voir dire, a continuance, admonition, or sequestration of the jury.

19) Short Answer

The judge must find that there will be intense and pervasive publicity about the case, that there is no other less drastic means to mitigate the effects of this publicity, and that the restrictive order will be effective in keeping prejudicial material from potential jurors.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

247) Even in controversial, highly publicized cases, jury verdicts are never sealed to protect jurors from retribution. ⊚ true ⊚ false 248)

There is both a common law and a First Amendment right to obtain judicial documents. ⊚ true ⊚ false

249)

Although a judge may have difficulty closing a pretrial hearing today, most courts have ruled that a trial judge may deny access to documents filed in connection with the hearing. ⊚ true ⊚ false

250)

Different courts have different rules about journalists using personal electronic devices during a trial. ⊚ true ⊚ false

251)

Courts allow jurors to use the Internet to gather information about a case during the trial. ⊚ true ⊚ false

252)

If a judge orders a trial proceeding closed, only the litigants can formally object to the order. ⊚ true ⊚ false

253)

In order to close a judicial proceeding, a judge must find there is a substantial probability that leaving the proceeding open would cause harm. ⊚ true ⊚ false

254)

Some courts have ruled there is both a First Amendment right and common law right for the press and the public to attend criminal trials. ⊚ true ⊚ false

255)

When closing a trial to the public, a judge must issue an order with her specific reasoning on why the trial should be closed. ⊚ true ⊚ false

256)

The Supreme Court has ruled that all trials involving minors should be closed to the public. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

257) In court rulings on whether trials are presumptively open or closed, A) the Supreme Court has ruled that both criminal and civil trials are open.

B) the Supreme Court has ruled that criminal trials are open, but civil trials are closed.

C) the Supreme Court has ruled that criminal trials are open, and lower federal and state courts have ruled that civil trials are open.

D) the Supreme Court has ruled that the civil trials are open but criminal trials should be closed.

258)

Although the press may access many, maybe even most, documents filed in connection with a trial, reporters are routinely denied access to A) depositions and court docket sheets.

B) presentencing reports and plea agreements.

C) out-of-court settlements and records entered under a protective order.

D) search warrants and indictments.

259)

When considering whether to permit the broadcast of evidence in a criminal case, a court should consider A) whether or not the material has been introduced into evidence in open court.

B) whether the broadcast could jeopardize the defendant's right to a fair trial.

C) what kinds of persons (defendants, witnesses, innocent third parties) are on the video or audio taped evidence.

D) all of the answers are correct.

260)

The test used to determine if a court proceeding is presumptively open is called: A) the history-and-logic test.

B) the time-and-reason test.

C) the fair trial test.

D) the bench-bar-press test.

261)

The Press-Enterprise test is used by judges to determine A) whether a jury is biased against a defendant.

B) whether a trial should be televised.

C) whether a pretrial proceeding will be open or closed.

D) none of the answers is correct.

262)

Some judges have refused to reveal the names and addresses of jurors sitting in a criminal trial A) to protect the jurors from outside pressure.

B) to protect the jurors from harassment by the mass media.

C) to help ensure the safety of the jurors if an unpopular verdict is handed down.

D) all of the answers are correct.

263)

While cameras are generally permitted in almost all state courts, A) they are barred from most federal courts.

B) in many states, the trial judge must still agree to their use in a particular trial.

C) they are not permitted at hearings at the U.S. Supreme Court.

D) all of the answers are correct.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

264) In determining whether a judicial proceeding should be presumed to be open, a judge must consider what two factors?

265)

What are the three reasons that out-of-court settlement agreements are usually sealed?

266)

What are the steps taken to successfully close a presumptively open pretrial hearing?

Answer Key Test name: chapter 12 1) TRUE 2) TRUE 3) FALSE 4) TRUE 5) FALSE 6) FALSE 7) TRUE 8) TRUE 9) TRUE 10) FALSE 11) C 12) C 13) D 14) A 15) C 16) D 17) D 18) Short Answer

The judge must consider (1) whether the hearings or document has been traditionally and historically open to the press and public, and (2) whether press and public access to this hearing will play a positive role in the functioning of the judicial process.

19) Short Answer

(1) Defendants seek confidentiality to avoid disclosure of sensitive or damaging information. (2) Plaintiffs agree to them to get higher settlements. (3) Judges think this encourages out-of-court settlements, which relieve pressure on the courts.

20) Short Answer

The party seeking closure must advance an overriding interest that is likely to be harmed in an open court. Next, he or she must prove that there is a substantial probability that this interest will be harmed. The trial court must consider reasonable alternatives to closure. If there are no alternatives, the judge must narrowly tailor the closure for a minimum of interference. The trial judge must also make evidentiary findings to support this decision.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

267) Jim Morrison, the lead singer of The Doors, was pardoned in 2010 for a conviction decades earlier in Florida for engaging in lewd and lascivious behavior in public by exposing his private parts and by simulating masturbation and oral copulation while on stage. ⊚ true ⊚ false 268)

The U.S. Supreme Court has held that nude dancing constitutes speech entitled to some degree of First Amendment protection. ⊚ true ⊚ false

269)

Regulations on sexually oriented businesses are nearly always reviewed under strict scrutiny as content-based regulations and struck down as unconstitutional. ⊚ true ⊚ false

270)

Under the Miller obscenity test, an adult video might be protected by the First Amendment in one state but not in another. ⊚ true ⊚ false

271)

In a 2017 case, the U.S. Supreme Court struck down a North Carolina law that made it a crime for a registered sex offender simply to access a commercial social networking site, such as Facebook or Twitter. ⊚ true ⊚ false

272)

By 2021, 48 states and the District of Columbia had laws prohibiting the distribution of nonconsensual pornography – that is, when sexually explicit images and videos are disclosed without a person’s consent. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

273) The first recorded obscenity prosecution in the United States occurred in A) 1725.

B) 1793.

C) 1815.

D) 1870.

274)

The First Amendment does not protect the A) production of child pornography.

B) distribution of child pornography.

C) possession of child pornography.

D) all of the answers are correct.

275)

The current test for determining whether material is obscene was created in which of the following U.S. Supreme Court cases?

A) Regina v. Hicklin B) Miller v. California C) Roth v. United States D) Hustler v. Falwell

276)

In which of the following U.S. Supreme Court cases did the high court make it clear more than 60 years ago that a category of speech called obscenity is NOT protected by the First Amendment?

A) Regina v. Hicklin B) Miller v. California C) Roth v. United States D) Hustler v. Falwell

277)

The name of the feminist legal scholar who claims pornography objectifies women and represents "the power of men over women, expressed through unequal sex, sanctioned both through and prior to state power" is A) Nina Hartley.

B) Catharine MacKinnon.

C) Nadine Strossen.

D) Stormy Daniels.

278)

Under the third prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must determine if the speech in question A) lacks serious literary, artistic, political, or scientific value.

B) lacks serious literary, artistic, public, or social value.

C) is utterly without redeeming social value.

D) is utterly without redeeming social and educational value.

279)

Under the first prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must determine if the speech in question appeals to A) a deviant interest.

B) a repulsive interest.

C) a prurient interest.

D) a pedophilic interest.

280)

Variable obscenity laws A) allow various states to have varying definitions of obscenity.

B) permit states to force adult theaters and bookstores to locate in specific areas.

C) permit states to ban the sale of certain kinds of erotic material to minors.

D) allow for the zoning of sexually oriented businesses.

281)

Lenny Bruce was A) convicted of showing an obscene movie in California.

B) convicted of performing an obscene comedy routine in Chicago.

C) convicted of exhibiting obscene paintings at a Cincinnati museum.

D) acquitted on charges of exhibiting obscene paintings at a Cincinnati museum.

282)

When zoning sexually oriented businesses, municipalities and cities would be wise to cite which of the following as a reason for their zoning decision?

A) secondary effects B) variable obscenity C) the content of the books and movies sold at the businesses D) the Comstock Act

283)

Under the first prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must consider how the material in question would be viewed by A) the person who created or produced it.

B) the person who purchased it.

C) an average person.

D) the judge hearing the case.

FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question.

284) Under the second prong (i.e., part) of the current test for obscenity created by the U.S. Supreme Court, it must be determined whether the work in question depicts in a_________ way sexual conduct specifically defined by applicable state law.

285)

In 2012, a jury in Los Angeles convicted an adult film maker named_________ on multiple counts of obscenity for distributing on his Web site fetish films that featured scatology and bestiality.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

286) According to the U.S. Supreme Court, what is NOT to be considered "community" under the current test for determining whether speech is obscene?

287)

Explain how some states are addressing the problem of sexting by minors through new legislation and why states need to adopt new laws to address sexting by minors.

288)

Provide one example of the use of expert testimony by defendants in obscenity trials that was discussed in Chapter 13.

289)

Explain the legal relevance of the term "pornography" in the United States.

290)

What does it mean for a prosecutor to "venue shop" in an obscenity case?

291)

A two-part question: (1) Explain what motivated Congress to pass the Allow States and Victims to Fight Online Sex Trafficking Act (known as FOSTA for short) in 2018. (2) What concerns exist about the law's perhaps unintended consequences?

Answer Key Test name: chapter 13 1) TRUE 2) TRUE 3) FALSE 4) TRUE 5) TRUE 6) TRUE 7) C 8) D 9) B 10) C 11) B 12) A 13) C 14) C 15) B 16) A 17) C 18) patently offensive 19) Ira Isaacs 20) Short Answer

The United States (i.e., the entire nation) is not to be considered as the community. Instead, local standards are to be applied.

21) Short Answer

States need to adopt new laws to address sexting by minors because otherwise a minor convicted on child pornography charges for engaging in sexting is guilty of a felony, can serve 5 years in prison for a single count of transmitting or possessing child pornography, and will likely have to register as a sex offender, a stigma that will haunt him or her for life. In brief, the application of general child pornography laws to minors who sext seems far too harsh, especially when the sexting was consensual and confined between two willing minors. Most of the new legislation thus either reduces consensual sexting committed by minors of a certain age to only a misdemeanor offense, rather than a felony, or treats it (at least on the first occasion for a minor) as a noncriminal offense subject only to monetary fines and/or community service obligations.

22) Short Answer

Two examples were provided in Chapter 13, either one of which correctly answers the question: 1) When the Cincinnati Contemporary Arts Center was prosecuted for obscenity in 1990 for a display of photographs by Robert Mapplethorpe (some photos featured homoerotic and sadomasochistic images), defense attorney H. Louis Sirkin used experts from the art world (museum directors and curators) to testify before the jury about the serious artistic value of the photos. The testimony proved pivotal in gaining an acquittal for the museum. 2) When adult videos are prosecuted as obscene, defense attorneys can call sex therapists and experts from places like the Kinsey Institute to describe how the content is used by normal couples to stimulate their own sex lives, learn about different sexual practices and open up discussion about their sexual habits. In other words, adult videos can have serious educational value. Such was the case in 2000 when a jury of 12 women near St. Louis, Mo., found two adult videos featuring anal, oral, and vaginal sex among women and between men and women were not obscene after hearing testimony from sex therapist Dr. Mark F. Schwartz of the Masters and Johnson Institute.

23) Short Answer

This term, unlike obscenity, has no legal definition in the United States, and, thus, it is without legal significance in the United States and, instead, is commonly used (and misused) as a catchall term by laypeople to describe anything sexually explicit they find offensive or believe is harmful.

24) Short Answer

Law enforcement officials will purchase and order adult content in conservative communities (typically today by logging on to a Web site while situated in a conservative community) in order to drag defendants located in more liberal venues into those conservative communities to stand trial. Venue shopping thus favors the prosecution.

25) Short Answer

(1) Congress passed the law in an attempt to curb sex trafficking online. A main driving force behind the legislation seemed to be a desire to regulate and prosecute Backpage.com, a classified advertising Web site that featured ads for escort services and massages that sometimes were fronts for illegal prostitution activity or for sex with minors. Among other things, FOSTA imposes criminal penalties on any person who owns, manages or operates an interactive computer service (or attempts or conspires to do so) with an aim to promote or facilitate prostitution. The law amends Section 230 of the Communications Decency Act to make clear that Section 230 does not limit any civil action (for instance, lawsuits by people claiming that online platforms enabled them to be trafficked for sex) or criminal prosecution for violation of sex trafficking laws or for promoting or facilitating prostitution. (2) While FOTSA aims to achieve the important goal of combatting sex trafficking, concerns exist about whether it will have unintended consequences. Some argue the law actually hurts sex workers by forcing them out on the street and having to work with pimps rather than advertising individually online and meeting in hotels or rooms. The law also may have implications for police work by fragmenting the online commercial sex market and making finding and fighting sex traffickers more challenging.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

292) The use of copyrighted material by the news media is never considered an infringement. ⊚ true ⊚ false 293)

If material is available on a social media site, such as Twitter or Instagram, it is in the public domain and can be used with attribution. ⊚ true ⊚ false

294)

295)

The NFL has the right to copyright descriptions and facts related to NFL games. ⊚ true ⊚ false

Courts always regard the use of copyrighted material for educational purposes as a fair use. ⊚ true ⊚ false

296)

If you attribute a work to the original owner of the copyright, you can't be sued for copyright infringement. ⊚ true ⊚ false

297)

In 2018, the U.S. Supreme Court settled a long standing area of confusion and ruled that a copyright infringement suit must wait until the copyright is successfully registered by the United States Copyright Office. ⊚ true ⊚ false

298)

Trademarks can lose their protection if they pass into "generic use." ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

299) Which of the following uses of copyrighted material would most likely be regarded a fair use?

A) A media company uses a few stanzas of a poem in an obituary for a poet.

B) Ford Motor Co. uses scenes from a feature film for a TV advertisement in which the hero is driving a Ford Mustang car.

C) Royal Copy Center copies 22 chapters from various books and sells it as an astronomy textbook to college students.

D) A clothing company creates and sells a T-shirt which carries a picture of Chris Evans as Captain America printed on the front.

300)

Trademark law can protect A) the name of a product.

B) an advertising slogan.

C) the way a product is packaged.

D) all of the answers are correct.

301)

Which of the following cannot be copyrighted?

A) a photograph B) a motion picture title C) a musical score D) a bronze sculpture

302)

Which of the following statements is true about copyright law?

A) The U.S. Constitution specifically sets the limit on the duration of copyright ownership.

B) Facts, such as the scores of NFL games, are not eligible for copyright protection.

C) The copyright in works created by multiple authors belongs to the main author.

D) Works produced by an employee in the scope of her employment are owned by her.

303)

A work becomes protected by U.S. copyright law A) when it is registered with the U.S. Copyright Office.

B) when it is created.

C) when it is first published.

D) when the copyright registration fee is paid.

304)

Which of the following is NOT an exclusive right recognized under copyright law?

A) the right of reproduction of a work B) the right of public display of a work C) the right of preparation of derivative works D) all of the answers are correct.

305)

Which of the following can be copyrighted?

A) the product name "Viagra" B) the chemical formula for Viagra C) an ad for Viagra D) all of the answers are correct.

306)

Which of the following can be trademarked?

A) the product name "Viagra" B) the chemical formula for Viagra C) an ad for Viagra D) all of the answers are correct.

307)

When Congress passed the Digital Millennium Copyright Act in 1998, it implemented

the A) B) C) D)

European Union Copyright Directive.

World Intellectual Property Organization treaties.

Berne Convention treaty.

Communications Decency Act.

308)

When determining the similarity of one work to another in an infringement question, some courts use a two-part test that asks whether the two works A) have the same kinds of characters and have the same kinds of scenes.

B) appeared at about the same time and are in the same medium (e.g., both are films).

C) have the same general theme and express this theme in the same way.

D) are in the same medium and have the same kinds of characters.

309)

If a writer sells a magazine the first serial rights to a story she has written, the magazine has the right to A) publish the story as many times as it wants.

B) publish the story as a serial; that is, break it into several parts and publish each of them multiple times.

C) publish it first, but only once, anywhere in the world.

D) resell the story to another publisher after it uses the story.

310)

311)

Which of the following statements about trademark law is NOT true?

A) Trademark is defined as any word, name, or symbol a business uses to distinguish and identify its products.

B) Trademark protection can last as long as a name is in use by the business.

C) A descriptive phrase is an inherently distinctive mark.

D) A trademark infringes another mark if it confuses the consumer.

American Airlines brought a lawsuit against a travel agency named "A 1-800AMERICAN." The travel agency bought listings in telephone yellow pages under the heading "Airlines," and, because its name began with "A 1," was generally listed first in the airlines sections, often right before American Airlines. The actual toll-free phone number for the travel agency was 1-800-263-7422 (1-800-AMERICA). The court ruled in favor of American Airlines, enjoining the travel agency from continuing to use the name A 1-800AMERICAN and the phone number 1-800-AMERICA. The most likely basis for the court's ruling was that A) the travel agency's use was not a fair use.

B) the travel agency was diluting American Airlines' trademark.

C) commercial speech is less protected by the First Amendment.

D) the travel agency's name and phone number created a likelihood of consumer confusion.

312)

In Eldred v. Ashcroft, the U.S. Supreme Court: A) ruled the Copyright Term Extension Act violated the First Amendment to the U.S. Constitution.

B) ruled the Copyright Term Extension Act violated the language of "limited terms" used in the U.S. Constitution.

C) ruled the Copyright Term Extension Act was beyond the power of Congress to enact because it retroactively affected works in the public domain.

D) None of the above are correct.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

313) Briefly describe the four criteria that courts use to determine whether a use is a fair use.

Answer Key Test name: chapter 14 1) FALSE 2) FALSE 3) FALSE 4) FALSE 5) FALSE 6) TRUE 7) TRUE 8) A 9) D 10) B 11) B 12) B 13) D 14) C 15) A 16) B 17) C 18) C 19) C 20) D 21) D 22) Short Answer

1) The purpose and character of the use; why the material is being used. 2) The nature of the copyrighted work; what kind of work it is. 3) The proportion of the work being taken. 4) The effect of the use on the market value of the copyrighted work.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

314) The FTC has the power to enforce antitrust laws when two companies seek to merge. ⊚ true ⊚ false

315)

When the FTC recovers money against a company for false or misleading advertisements, consumers will sometimes get the money returned to them from the FTC as refunds. ⊚ true ⊚ false

316)

The government may regulate the advertising of a completely legal product or service. ⊚ true ⊚ false

317)

Under the Lanham Act, an advertiser can force a medium, like a newspaper, to publish an advertisement. ⊚ true ⊚ false

318)

In determining whether an ad is deceptive, the FTC will view it from the perspective of the most vulnerable consumer. ⊚ true ⊚ false

319)

Advertising agencies and mass media can be held responsible for false advertisements. ⊚ true ⊚ false

320)

The FTC requires bloggers or social media influencers to disclose the material connections they share with a product if they are receiving cash or other in-kind payments to review or promote it. ⊚ true ⊚ false

321)

The FTC can bring enforcement actions against companies that engage in deceptive or unfair trade practices. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

322) Commercial speech did not officially receive any First Amendment protection until the A) 1920s.

B) 1950s.

C) 1960s.

D) 1970s.

323)

The United States Supreme Court defines commercial speech as A) advertisements that include the price of a product.

B) speech that proposes a commercial transaction.

C) advertisements that include the name of a company or manufacturer.

D) speech that specifically and with precision mentions the price of a product.

324)

The Children’s Advertising Review Unit (CARU) is A) part of the FCC. B) part of the FTC. C) a self-regulatory entity.

D) none of the answers is correct.

325)

The FTC considers it deceptive if an advertiser A) makes a false statement.

B) omits important information in an ad.

C) implies a false claim by juxtaposing two statements.

D) all of the answers are correct.

326)

An issue in the case of Johanns v. Livestock Marketing Association was A) the fraudulent advertisement about beef being "guaranteed" to be 100 percent free of mad cow disease.

B) the fraudulent advertisement about milk being “guaranteed” to be 100 percent free of bovine growth hormones.

C) the compelled funding of advertising for the beef industry.

D) the marketing of livestock on the Internet by ranchers.

327)

Under the commercial speech doctrine, the government must prove that it has what type of an interest to justify a regulation on truthful advertisement for a lawful product?

A) a compelling interest B) a substantial interest C) a probable interest D) a reasonable interest

328)

In Lexmark International, Inc. v. Static Control Components, which factors did the Supreme Court rule are needed to determine who has standing to file a claim under the Lanham Act? A) Courts should apply a zone-of-interests test.

B) Plaintiffs must show a commercial injury was "proximately caused" by the competitor's false statements.

C) Plaintiffs must show their lawsuit is motivated by a substantial state interest.

D) Both A and B are correct.

FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question.

329) Under the Junk Fax Protection Act, unsolicited advertisement faxes are banned unless there is_________ between the sender and recipient.

330)

The FTC requires proof by_________ evidence when an advertiser makes a claim relating to health or safety.

An advertisement that makes the claim that a company sells “the hottest fashion in town” is known as_________.

331)

332)

The_________ Act is designed to protect the privacy of children when they visit Web sites that attempt to collect personal information from them.

333)

Under the Central Hudson test, the government must have evidence that the regulation in question_________ advances the government’s interest.

334)

In 2015, the FTC issued an enforcement policy pertaining to so-called_________ ads, which are online ads that are made to look like surrounding non-advertising content.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

335) In the 2018 case Tracy Rifle and Pistol LLC v. Harris, why did a federal court in California strike down a state ban on handgun advertisements at gun stores?

336)

Identify the four key aspects/requirements imposed under the CAN-SPAM Act on individuals or entities that send commercial e-mail messages.

337)

338)

Identify the two critical components of the FTC's rules against deceptive advertising.

Identify the three requirements that the government must satisfy in order to regulate an advertisement that is not deceptive or does not promote an illegal activity.

Answer Key Test name: chapter 15 1) TRUE 2) TRUE 3) TRUE 4) FALSE 5) FALSE 6) TRUE 7) TRUE 8) TRUE 9) D 10) B 11) C 12) D 13) C 14) B 15) D 16) an established business relationship 17) competent and reliable scientific 18) puffery 19) Children’s Online Privacy Protection 20) directly 21) native 22) Short Answer

In the case, a federal judge ruled that the law failed the Central Hudson test for commercial speech regulations. The government advanced two interests in support of the law: reducing handgun suicide and reducing handgun crime. The judge agreed that those interests were substantial. But he ruled that the law failed the remaining prongs of the Central Hudson test.

Among other things, the judge found that California had not demonstrated that the law actually would have any effect on handgun suicide or violence. Instead, he said, the state was relying on "mere speculation and conjecture." The judge also ruled the law was more extensive than necessary to further the state's interests.

23) Short Answer

1) False/Misleading Messages: Commercial e-mail messages that include “materially false or misleading” header information or deceptive subject lines are prohibited. 2) Functioning Return Address and Opt-Out Mechanism: All commercial e-mail messages must contain either a functioning return address or an Internet-based reply “opt-out” mechanism for at least 30 days after transmission of a message. 3) 10-Day Prohibition Period: Spam senders are barred from transmitting commercial e-mail messages to any recipient after 10 business days following the exercise by the recipient of his or her right to opt out of future commercial e-mail messages; and 4) Disclosure Requirements: All commercial e-mail messages must disclose three specific items of content: (a) a clear and conspicuous identification of the message as an “advertisement or solicitation,” (b) a notice of the “opt-out” mechanism, and (c) a “valid physical postal address.”

All commercial e-mail that includes sexually oriented material must also include a warning label on the subject line.

24) Short Answer

1) Advertising must be truthful and not misleading, with misleading ads sweeping up those in which relevant information is omitted, those that imply something that's not true and those in which any disclaimers or disclosures are not clear and not prominent enough for reasonable consumers to see, hear and understand them. 2) All claims made in advertisements must be substantiated such that, before disseminating an ad, advertisers must have a reasonable basis for any and all express and/or implied product claims, with claims relating to health and safety coming under even closer FTC scrutiny that typically requires proof by competent and reliable scientific evidence.

25) Short Answer

1) The government must assert a substantial state interest to justify the regulation. 2) The government must demonstrate that the regulation of the advertising directly advances this state interest. 3) The government must show that there is a reasonable fit between the state interest being asserted and the regulation.

Student name:__________ TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false.

339) The FCC limits the amount of time commercials can air during children’s television programming. ⊚ true ⊚ false 340)

The FCC’s rules about broadcast indecency do not apply to satellite radio content. ⊚ true ⊚ false

341)

The maximum FCC fine for an indecency regulation violation is $100,000. ⊚ true ⊚ false

342)

A station that broadcasts without holding a valid FCC license is known as a pirate radio station. ⊚ true ⊚ false

343)

The gap between those who have access to information and technology such as broadband service and those who either don't or who have restricted access is known as the digital divide. ⊚ true ⊚ false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question.

344) How many commissioners are there at the FCC? A) five B) seven C) nine D) ten 345)

346)

In FCC v . Fox Television Stations, the U.S. Supreme Court ruled that A) the FCC’s current rules regarding broadcast indecency violate the First Amendment.

B) the FCC failed to give broadcasters sufficient notice about changes in its indecency rules.

C) both A and B are correct.

D) neither A nor B is correct.

On a national basis, a single entity may own television stations reaching up to what maximum percentage of the national TV viewing audience?

A) 25 percent B) 28 percent C) 39 percent D) 50 percent

347)

Which one of the following is NOT one of the three traditional policy objectives of the FCC that is supposed to serve the public interest?

A) efficiency B) localism C) competition D) diversity

348)

Television stations are licensed by the FCC for how many years?

A) 3 B) 5 C) 7 D) 8

349)

Which of the following areas of broadcast programming is regulated most heavily?

A) children's programming B) sports programming C) news programming D) infomercials

350)

The candidate access rule requires broadcasters to give A) all candidates for all public offices a reasonable opportunity to buy broadcast time at radio and television stations.

B) all candidates for public office an equal opportunity to appear on a radio or television station.

C) all candidates for federal office a reasonable opportunity to buy time on radio and television stations.

D) all candidates for federal office an equal opportunity to appear on radio and television stations.

351)

In 2004, the FCC concluded that U2 singer Bono's acceptance speech during the Golden Globe Awards program made the NBC broadcast of that program A) indecent.

B) obscene.

C) both indecent and obscene.

D) indecent and profane.

352)

The FCC's safe-harbor zone for when indecent content may be broadcast on television without facing legal action from the FCC is from A) 10:00 p.m. to 6:00 a.m.

B) 11:00 p.m. to 6:00 a.m.

C) midnight to 6:00 a.m.

D) midnight to 8:00 a.m.

353)

Under Section 315 of the Communications Act, the term "equal opportunity" means A) equal time.

B) equal facilities.

C) comparable costs.

D) all of the answers are correct.

354)

To fall within the FCC's definition of indecency, the content must relate to which of the following?

A) nudity or prurient interests B) sexual or violent images and dialog C) sex, sexual violence, or sexual humiliation D) sexual or excretory activities or organs

355)

Which one of the following is NOT one of the three principal factors that the FCC often considers to determine the patent offensiveness of content in its indecency cases?

A) whether the speech in question appeals to a prurient interest in sex B) whether the speech in question was graphic or explicit C) whether the speech in question is used to shock, titillate, or pander D) whether the speech in question was repeated or dwelled upon

FILL IN THE BLANK. Write the word or phrase that best completes each statement or answers the question.

356) PICON stands for_________.

357)

The notion that there are a finite number of frequencies on which to broadcast and, in turn, that there are more people who want to broadcast than there are available frequencies is known as_________.

358)

The FCC in 2008 adopted rules that allow sophisticated new wireless and mobile devices to operate without a license on previously unused portions of the broadcast television spectrum known as_________.

359)

In 2012, new rules took effect that require commercials to have the same average_________ as the television programs they accompany, either before, during, or after the programs.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

360) Explain why then-candidate Donald Trump’s appearance as host on NBC’s “Saturday Night Live” in 2015 meant that his rival Republican candidates for the presidential nomination could then request airtime on NBC also.

361)

Identify the four types of TV or radio appearances by a candidate for political office that are not governed by the equal opportunity rule.

362)

FCC commissioners often differ about what ownership rules or restrictions should be in place and on what serving the “public interest” means. What motivates those disagreements, and how have those disagreements influenced FCC policies in recent years?

Answer Key Test name: chapter 16 1) TRUE 2) TRUE 3) FALSE 4) TRUE 5) TRUE 6) A 7) B 8) C 9) A 10) D 11) A 12) C 13) D 14) A 15) D 16) D 17) A 18) [Public Interest, Convenience or Necessity] 19) spectrum scarcity 20) white spaces 21) volume 22) Short Answer

Section 315 of the Communications Act outlines what are called the “equal opportunity” or “equal time” rules. If a broadcasting station permits one legally qualified candidate for any elective public office to use its facilities, it must afford an equal opportunity for all other legally qualified candidates for the same office. Appearances on TV entertainment programs count as a “use” under Section 315. Since Trump was a legally qualified candidate when he hosted, his appearance triggered a 7-day window in which his rival Republican candidates for the nomination could request equal time. NBC didn’t have to guarantee those candidates’ slots on “SNL” (as the candidates are not entitled to the same platform)—but the station did have to guarantee equal time and cost (in this case, free).

23) Short Answer

Appearances on: 1) bona fide newscasts; 2) bona fide news interviews; 3) spot news coverage of a bona fide news event; and 4) documentaries that are incidental.

24) Short Answer

The FCC is made up of five commissioners. No more than three can be from the same political party. Conservative FCC commissioners tend to favor more light-touch regulation, whereas liberal commissioners tend to favor heavier regulation. In the early 2000s, federal courts rebuffed attempts by the FCC under the administration of President George W. Bush to relax or eliminate some ownership restrictions. The FCC under the administration of President Barack Obama generally favored keeping those ownership restrictions in place. But the FCC under President Donald Trump embarked on another deregulatory phase. In 2017, a narrowly divided FCC (pitting the three Republican commissioners against the two Democratic ones) announced that it was eliminating some long-standing ownership rules, including what was known as the newspaper/broadcast cross-ownership rule. Numerous public advocacy groups challenged the rule changes. In 2021, a unanimous U.S. Supreme Court ruled in favor of the FCC’s relaxed ownership rules in the case FCC v. Prometheus Radio Project.