CTVA 487 FINAL
The act of using another's name or likeness for a commercial purpose without permission is called:
Appropriation
The federal agency (or agencies) that has a regulation prohibiting unauthorized and unsolicited commercial texts to cell phones is: (select the best answer)
Both the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC)
The Supreme Court said one of these was NOT protected free speech. Which one?
Burning a U.S. military draft card.
Monetary compensation that may be recovered in court by a person who has suffered loss or injury is called:
Damages
Which of the following is an example of a Multichannel Video Programming Distributor (MVPD)?
DirecTV
Which of the following can be used as an argument in court to protect critics from lawsuits brought by people in the public eye?
Fair Comment and Criticism
A search warrant can be issued by a judge or any law enforcement officer.
False
According to the U.S. Supreme Court, speech loses its First Amendment protection when money is spent to project it, as in a paid advertisement.
False
Any plagiarism is a copyright law violation.
False
Every state allows the unauthorized use of a camera, so long at it is used in private area.
False
For trademark registration, it doesn't matter how distinct or unique the trademark is. What matters is who registers first.
False
If Candidate One is interviewed on a regularly-scheduled news program, her opponent (Candidate Two) can invoke the Section 315 "equal opportunity" rule, and the broadcaster will then be required to provide Candidate Two with broadcast time equal to the time of the Candidate One interview.
False
Individuals suing the media for inciting harm often win
False
Privacy is specifically stated in the Constitution as something that must be protected.
False
Ride-alongs, the practice of a journalist accompanying a police officer as the officer carries out his/her duties is a common way for a journalist to gather information today.
False
Slander is a form of defamation, but libel is not.
False
Under no circumstances may a reporter reveal the name of a person who provided key information to the reporter.
False
When a statement can be proven to be either false or true, then it must be an opinion.
False
What did Aristotle call the balance created by "a system of law to balance conflicting human objectives and allow people to live together successfully"?
Golden Mean
Section 230 of the federal Communications Decency Act protects Internet Service Providers and websites in all of the following circumstances but one. In which circumstance does it not protect an ISP/website?
If the ISP/website is a content creator, not a content distributor.
One of the negative consequences of the exponential growth in the collection of personal data online is:
It is more and more difficult to "re-invent" yourself.
Jack (a reporter in Los Angeles) wants to call Jill and secretly record the call without telling Jill that he is recording it. According to states' laws and FCC rules, in which of the following scenarios would it be legal for Jack to do that?
Jill is also in Los Angeles. Jill is in Texas. Jill is in Vermont. CORRECT: None of these scenarios
The Freedom of Information Act requires that a record held by a federal agency must be provided to the public unless the record falls into one of nine exempted categories. Which one of the following is NOT one of those exempted categories?
Military records
Advertising that exaggerates the merits of a product or service in a way that no reasonable person would take the ad seriously is called:
Puffery
The concept that reporters do not have to reveal the identity of their sources is called:
Reporter's privilege
Which of the following is the isolation of jurors to avoid prejudice from publicity in a sensational trial?
Sequestration
Under the FTC rules, for an ad to be found false and misleading all but which of the following must be found to exist? (Choose the one that is NOT required by the FTC in order for them to rule something as false and misleading.)
That representation must be patently offensive or otherwise disturbing.
The name of the Federal shield law is:
The Branzburg Law. The Blocking Law The National Shield Law CORRECT: None of these, because there is no Federal shield law.
The Miller Test says that in order to find material as obscene, the court must find all of the following BUT which one? (In other words, which of these is NOT in the Miller Test?)
The work depicts or describes sexual conduct that would be socially disapproved if conducted in reality in any state in which the content is sold.
The use of unlawful reporting techniques that cause damage to someone is called:
Tortious newsgathering
Although a plaintiff must prove every element of her libel case, a successful defendant needs only one suitable defense.
True
Generally, the Supreme Court has upheld anonymous political speech as being an honorable tradition that is a shield from the tyranny of the majority.
True
In a libel lawsuit, a public figure plaintiff must prove the defendant acted with actual malice.
True
In our class, you are encouraged to disagree with me.
True
Indecency is defined by the FCC and that definition has changed over the years.
True
The Clery Act requires universities that receive federal funds to compile and publish statistics on campus crime each year.
True
The U.S. Supreme Court has established that some forms of commercial speech, including deceptive and misleading ads, may be regulated.
True
The chief federal agency that protects consumer privacy and enforces federal privacy laws is the Federal Trade Commission (FTC).
True
To be successful in proving negligent infliction of emotional distress, the plaintiff must show that the defendant carelessly breached his duty to use due care.
True
To make an argument more sound and effective, it is important to understand and respect the counter-arguments.
True
Under FCC rules, a "fleeting expletive" (a single, nonliteral use of a curse word) can qualify as broadcast indecency.
True
Which of the following is not one of the core values of free speech?
Unlimited government power
A subpoena is:
a command for someone to testify in court.
Prior restraint occurs when:
a government prohibits publication or suppresses particular material.
Government-held property, like an airport or post-office, that is not available for public speech and assembly purposes (except in very limited circumstances) is called:
a nonpublic forum
A private, or civil, wrong for which a court can provide remedy in the form of damages, is called:
a tort
Federal laws prohibit mailing, importing, selling, or transporting obscene material...
across state lines.
In libel law, a statement made while knowing it is false or with reckless disregard for its truth is called:
actual malice
A court order prohibiting a person or organization from doing some specified act is called:
an injunction.
Federal judges:
are nominated by the President and confirmed by the Senate.
Net neutrality says that internet service providers...
cannot charge a content provider to speed up the delivery of that provider's content.
When the government discourages free speech by doing something that creates uncertainty about the proper exercise of free speech, it is called:
chilling effect
If a judge orders a journalist to reveal the name of his source, and the journalist refuses, the judge can convict the journalist for:
contempt of court
The exclusive legal right used to protect intellectual creations from unauthorized use is called:
copyright
A privilege claimed by journalists who report events on the basis of official records is called the:
fair report privilege
To be successful in a libel case, two key things the plaintiff needs to show are that the words were:
false and published
Copyrights for works created since 1978 last...
for the creator's life plus 70 years.
If a law affects constitutionally protected rights, such as speech and/or press, the courts use a type of review process that is:
heightened, more strict that other review processes.
The concept that most of the Bill of Rights applies equally to the states is called the:
incorporation doctrine
In order for a broadcast station to begin broadcasting,
its owners must be American citizens, or a corporation not controlled by foreign interests.
The power of the courts to determine whether laws violate the Constitution is called:
judicial review
A plaintiff whose reputation is so damaged already that additional false statements about him cannot be legally considered to harm him is called a:
libel-proof plaintiff
The term for a previous court ruling that is used by courts in the same jurisdiction to interpret and apply the law is:
precedent
Works that are protected by copyright include:
printed stageplays pantomimes recorded songs architectural designs sculptures none of these CORRECT: All of these
If a reporter promises not to reveal the name of a source, but then does reveal it, the legal doctrine that might apply is:
promissory estoppel
Right of Publicity...
protects the monetary value of using well-known individuals' names and pictures with permission.
When a limited number of radio and television stations can broadcast in a geographical area due to signal interference, it is called:
spectrum scarcity
A notice asking an individual to appear at a court is called a:
summons.
Under the Lanham Act, one company (Plaintiff) can sue another company (Defendant) for false advertising. In order to have standing to sue under the Lanham Act, the Plaintiff must prove....
that the injuries the Plaintiff received were proximately caused by the Defendant's ad.
The Supreme Court has held that police searching a cell phone without a warrant violates:
the 4th Amendment
The copyright of a work that is "made for hire" belongs to...
the employer.
A defendant can be victorious in a privacy case brought by a plaintiff claiming Intrusion by Trespass if the defendant proves which one of the following:
they had valid consent.
When posting something to social media, in order to not violate anyone' copyrights, it is a good idea...
to not crop out watermarks. to not rely on Google Image Search telling you if it is free to be used. to acknowledge the creator of the work. CORRECT: All of these.
Under privacy laws, when an artist significantly changes a person's image for artistic purposes, it is called:
transformative use
Meetings of federal government agencies must be open to the public...
unless exempted by specific federal laws.
The concept that sexually-oriented material that doesn't meet the definition of obscenity if distributed to adults, would be found obscene if distributed to minors, is called:
variable obscenity
Complete the sentence: For a plaintiff to be successful in suing the media for causing physical harm, they must prove the media breached a duty of care, and that the breach
was the proximate cause of the injury.
The general set of ideas, beliefs, feelings, etc. that is typical of a particular period in history is called the period's:
zeitgeist
The time period when the FCC says a radio or television station may broadcast indecent material without violating FCC regulations is:
10 p.m. to 6 a.m.
Which one of these is NOT a step in how a bill becomes a law?
A committee consisting of the President and one Senator and one Representative reconciles the bill.
