JOMC 486 Test 1

The appeals court said the use of the long dress, blond wig and large jewelry on the robot were enough to identify White without the use of the Wheel-of-Fortune game show set. (white vs. samsung) (t or f)

false

The N.Y. Civil Rights Law Beverley sued under prohibits the use of a person's name, portrait or picture (beverley vs. choices medical center)

for advertising purposes or purposes of trade.

The quotations Fox & Friends broadcast that were held to defame Levesque came (levesque vs. doocy)

from the Nicholas Plagman piece.

The trial court in this case (shulman vs. group w)

granted summary judgment because the broadcast was newsworthy.

The Supreme Court first had to determine whether Johnson's burning the flag was expressive conduct meaning (Texas vs. Johnson)

he intended to convey a message that was likely to be understood by those who viewed it.

The Court of Appeals affirmed Drahota's conviction because (Drahota vs. NE)

his speech constituted "fighting words."

Xavier Alvarez lied about having received the Medal of Honor when he (U.S. vs. Alvarez)

introduced himself as a newly elected member of a water district board.

One problem Justice Kennedy finds with the Stolen Valor Act is that it (U.S. vs. Alvarez)

is almost limitless in the times and settings to which it applies.

For a libel plaintiff to win a suit over a defamatory statement about a matter of public concern, she must prove the statement (Milkovich vs. Lorain)

is false.

Justice Brennan disagrees with the majority that Diadiun's column implies a factual assertion because it (Milkovich vs. Lorain)

is patently conjecture on Diadiun's part.

According to the Supreme Court, advocating violent means to effect political change is unlawful only when (brandenburg vs. ohio)

it is directed to incite imminent lawless action.

In cases of defamation and fraud, the First Amendment allows punishing false statements made with (U.S. vs. Alvarez)

knowledge of falsity or reckless disregard of falsity.

The Supreme Court said a public official who sues for libel must prove a defamatory statement was made with (NY times vs. sullivan)

knowledge that it was false or reckless disregard for whether it was false.

As a result of Mincolla's statements, Yonaty (Yonaty vs. Mincolla)

lost his girlfriend

Choices Women's Medical Center's calendar used Cordia Beverley's (beverley vs. choices medical center)

name, photograph and title.

The Supreme Court said (NY times vs. sullivan)

neither falsity nor injury to official reputations deprive speech of 1st Amendment protection.

The district court granted summary judgment for Fox because (levesque vs. doocy)

no reasonable jury could find Fox journalists were aware of any falsity

Richard Elliott and Jonathan O'Mara burned a cross (virginia vs. black)

on the front lawn of a neighbor.

The California Supreme Court said the broadcast was of legitimate public concern because (shulman vs. group w)

people want to know about the rescue and treatment of accident victims.

Barry Black burned a cross at a (virginia vs. black)

rally of Ku Klux Klan members.

Of the three bases Sullivan offered for finding actual malice on the part of the Times, the Supreme Court (NY times vs. sullivan)

rejected all three.

Justice Kennedy said there is no general exception to the First Amendment for false statements because (U.S. vs. Alvarez)

some falsehoods are inevitable in an open expression of views

The "prima facie" provision of the Virginia law said jurors could presume (virginia vs. black)

that the cross burning was done with the intent to intimidate others.

In concluding Fox & Friends did not broadcast its piece about with actual malice, the court said (levesque vs. doocy)

the Fox journalists had checked some of their facts against reliable sources.

Brandenburg was filmed at a rally of (brandenburg vs. ohio)

the Ku Klux Klan.

Who is William Avery? (Drahota vs. NE)

A former political science professor and Nebraska state senator.

Several dissenting justices objected to the short amount of time given to deliberation in this case, arguing that this matter was not clear cut enough to issue a speedy decision. (NY Times vs. US) (T OR F)

True

In its majority opinion, the Supreme Court ruled that the restrictions on Johnson's expression were unrelated to the suppression of expression. (Texas vs. Johnson) (TRUE OR FALSE)

false

The court rejected the argument that Avery had the right to be left alone by pointing out that he was a public official at the time and therefore not entitled to the same privacy protections as private citizens. (U.S. vs. Alvarez) (TRUE OR FALSE)

True

Cox argued that Padrick and Obsidian should be considered public officials because they had been appointed bankruptcy trustees by a court. The Court of Appeals agreed with Cox's argument (obsidian vs. cox) (t or f)

false

One of reporter Wedge's sources was prosecutor David Crowley who supposedly heard Murphy utter the "tell her to get over it" remark about a rape victim. The court found evidence of actual malice in that (murphy vs. boston herald)

Wedge did not talk to Crowley until after his story had been published.

Which of the following is NOT one of the pieces of evidence showing actual malice on Wedge's part? (murphy vs. boston herald)

Wedge had a long-standing feud with Murphy over access to records.

The Court of Appeals said Samsung clearly used (white vs. samsung)

White's likeness but not her name.

At common law, for a statement to be protected as "fair comment," it had to meet four criteria. Which of the following is not one of them? (Milkovich vs. Lorain)

Not cause any harm to the plaintiff.

According to Milkovich, Diadiun's column accused him of what crime? (Milkovich vs. Lorain)

Perjury

Which of the following is an interest the Texas used to justify Johnson's conviction? (Texas vs. Johnson)

Preserving the flag as a symbol of nationhood.

What was the U.S. government seeking to do in this case? (NY Times vs. US)

Prevent the newspapers from publishing classified documents.

What did the government claim was its compelling interest in this case? (NY Times vs. US)

Protection of U.S. national security.

The Nebraska Supreme Court concluded Drahota's emails were not fighting words because (U.S. vs. Alvarez)

Avery could not have immediately retaliated because he did not know who sent the emails.

The trial court held that Padrick and Obsidian did not have to prove negligence on Cox's part or actual damages because (obsidian vs. cox)

Cox failed to show that she was a journalist.

The Court of Appeals listed four elements of a right-of-publicity action. Which of the following is NOT one of them? (white vs. samsung)

Defendant's intent to earn a profit.

Of what criminal offense was Johnson charged? (Texas vs. Johnson)

Desecration of a venerated object.

The Supreme Court said the First Amendment allows states to punish cross burning done with an intent to intimidate because such acts amount to (virginia vs. black)

a true threat.

The Boston Herald story about Judge Murphy was defamatory because it (murphy vs. boston herald)

accused him of being callous toward crime victims.

Brandenburg was convicted under the Ohio Criminal Syndicalism law which prohibited (brandenburg vs. ohio)

advocacy of violence to bring about industrial or political reform.

The judge in Yonaty ruled that the contention that an allegation of homosexuality is defamatory is (Yonaty vs. Mincolla)

based on the false premise that homosexuality is shameful and disgraceful.

Mark Yonaty is suing Jean Mincolla because Mincolla told Yonaty's girlfriend that Yonaty was (Yonaty vs. Mincolla)

bisexual

Justice Kennedy described the government's interest in protecting military honors as a means of expressing the nation's gratitude for veterans' heroism as (U.S. vs. Alvarez)

compelling

In the 1927 Whitney v. California decision, the U.S. Supreme Court had said a criminal syndicalism statute similar to Ohio's was (brandenburg vs. ohio)

constitutional.

Chief Justice Rehnquist said placing the words "in my opinion" in front of the statement "Mayor Jones is a liar" (Milkovich vs. Lorain)

did not change the defamatory nature of the statement.

Blogger Crystal Cox accused Obsidian and Padrick of (obsidian vs. cox)

failing to pay the taxes they should have as a bankruptcy trustee.

According to the California Supreme Court, material is considered of legitimate public interest as long as it attracts a significant portion of readers or viewers. (shulman vs. group w) (t or f)

false

The federal district court found that the statements made on Fox & Friends (levesque vs. doocy)

were defamatory in nature because they exposed Levesque to public ridicule.

Justice Kennedy lists a few instances in which federal law allows punishing one who makes a false statements. Which of the following is NOT one of those? (U.S. vs. Alvarez)

False statement made on a job application for a private employer.

In its opinion, the Supreme Court of Nebraska said that the government may regulate or punish speech that causes emotional injury but does not provoke an immediate breach of the peace. (Drahota vs. NE) (TRUE OR FALSE)

False.

In overturning the trial court's ruling, the Court of Appeals said (obsidian vs. cox)

First Amendment protections are not limited to the institutional media.

Why did Sullivan say the statements in the advertisement referred to him? (NY times vs. sullivan)

He was the commissioner who supervised the police.

According to Justice Brennan, when might it be legal for the government to exercise prior restraint over a newspaper? (NY Times vs. US)

If the publication would inevitably, directly and immediately lead to a grave harm.

Why does Levesque have to prove actual malice to make out his defamation claim? (levesque vs. doocy)

Levesque is a public official.

In cases where a statement of "opinion" on a matter of public concern reasonably implies false and defamatory facts regarding public figures, those individuals must show that the statements were made with knowledge of their falsity or reckless disregard of their falsity. (Milkovich vs. Lorain) (T or F)

True

Justices in several concurring opinions said that although the government could not enjoin publication, the Espionage Act did permit prosecutions of the newspapers for publishing certain classified material. (NY Times vs. US) (T OR F)

True

Why didn't the Times publish a retraction as Sullivan demanded? (NY times vs. sullivan)

The Times wanted to know how the statements reflected on Sullivan.

As support for his conclusion that an allegation of homosexuality is not per se defamatory, the judge pointed to three legal developments. Which of the following is not one of them? (Yonaty vs. Mincolla)

The U.S. Defense of Marriage Act.

Sullivan offered three bases for finding the Times published the ad with actual malice. Which of the following is not one of them? (NY times vs. sullivan)

The advertising manager personally was aware of the ad's falsity.

The California court said judges should weigh four factors in deciding whether something is of legitimate public concern. Which of the following is NOT one of them. (shulman vs. group w)

The offensiveness of the facts.

Which of the following is NOT an element of publicity to private facts? (shulman vs. group w)

The publisher must know or have reason to believe the fact is false

Which of the following is NOT a reason the court found Choices' calendar to be advertising? (beverley vs. choices medical center)

The use of photos from a conference on women in medicine.

The Massachusetts Supreme Judicial Court said actual malice may be proved by (murphy vs. boston herald)

the defendant's deliberate intent to avoid the truth.

Rehnquist compared the statements "In my opinion Mayor Jones is a liar" and "In my opinion Mayor Jones shows his abysmal ignorance by accepting the teaching of Marx and Lenin." He said (Milkovich vs. Lorain)

the first can be falsified but not the second.

Of reporter Wedge's decision to discard his notebooks after the story ran, the court said (murphy vs. boston herald)

the jury could infer Wedge was concealing inaccuracies in his story.

Justice Kennedy said the government could justify the Stolen Valor Act only if it could show (U.S. vs. Alvarez)

the law was actually necessary to achieve its interest.

The Supreme Court rejected two arguments Sullivan made for letting the judgment in his favor stand. Those were (NY times vs. sullivan)

the libels appeared in an ad and the case did not involve state action.

In his dissent, Judge Alarcon said (white vs. samsung)

the majority is confusing the actor, White, with the role she plays on TV.

The plurality opinion found the Virginia statute unconstitutional because it (virginia vs. black)

the prima facie provision eliminates the need to prove an intent to intimidate.

Choices argued it was not liable because (beverley vs. choices medical center)

the theme of its calendar was a message of public interest.

The testimony reporter David Wedge gave at the 2005 trial was (murphy vs. boston herald)

thoroughly impeached by his 2002 deposition.

In a dissenting opinion, Chief Justice Rehnquist and Justices White and O'Connor said the Texas law did not restrict Johnson's First Amendment rights because he could have expressed himself in several different ways other than flag-burning. (Texas vs. Johnson) (TRUE OR FALSE)

true