Jour 371 Tests

C: Obscene content

Which of the following types of content does NOT have full First Amendment protection?

D. The legal process of adhering to the processes and outcomes to cases in keeping with what has developed and been done previously in the same or similar circumstances.

"Common law" arises from: A. The legal process of referencing a written constitution to determine whether the elements of a civil wrong have, in fact, occurred. This is decided by a jury. B. People living together in a spousal relationship for a certain period of time without purchasing a marriage license, having their marriage certified and recorded in public documents. C. The Court of Common Pleas. D. The legal process of adhering to the processes and outcomes to cases in keeping with what has developed and been done previously in the same or similar circumstances.

A. It calls on government to decide which words, symbols are other expressions are illegal based on the popularity of those expressions

A challenge or difficulty in preventing/outlawing "hate speech" in light of the First Amendment is: A. It calls on government to decide which words, symbols are other expressions are illegal based on the popularity of those expressions B. It would be very difficult if not possible to enforce what people say, especially on the internet. C. People change. What's unacceptable today may be accepted in the future. D. None of the above.

C. It's an attempt at a prior restraint. If there is any universal truth in First Amendment law, it is that prior restraints on expression are unconstitutional

A city board meeting became heated. One council member called the mayor an "idiot." A news reporter was present. The council member pointed to the reporter and said, "I meant it. She is an idiot, but don't print that." The problem with the council member's request is: A. The comment was directed to a member of the audience. Council members are not allowed to speak to anyone in the audience, including reporters. B. It's a threat. Even though no specific harm was pledged, the council member clearly planned to back up his words with action. C. It's an attempt at a prior restraint. If there is any universal truth in First Amendment law, it is that prior restraints on expression are unconstitutional. D. There is no problem with this. Elected officials are allowed to amend the official records of meetings.

A. Government often uses "security" as a pretext for needless secrecy to avoid embarrassment.

A recurring problem with government invoking "security" as a basis for limiting otherwise protected First Amendment expression is: A. Government often uses "security" as a pretext for needless secrecy to avoid embarrassment. B. Government often uses "security" as pretext to shield the media from lawsuits by the public. C. Government often uses "security" when what government really needs to do is simply use the accepted method of classifying documents. D. All of the above.

C. The families would have to prove the movie-makers could have or should have foreseen something like what Bob did would occur and that it would not have occurred if they had not made the movie.

After watching the movie "Titanic," especially how some rich passengers bribed their way to safety on lifeboats, Bob decided he hated rich people. He climbed into a tree with a rifle and lots of bullets. Any time an expensive car (Mercedes or BMW, especially) passed, he would shoot at the driver. Before police responded and killed Bob, he had fatally wounded 10 motorists. The victims' families want to sue the makers of "Titanic" and hold them responsible. What is the current legal standard? A. The families would have to prove Bob was mentally competent and made an informed decision to act as he did based on viewing the movie. B. The families would have to prove Bob saw the movie and it influenced his acts of mass murder. C. The families would have to prove the movie-makers could have or should have foreseen something like what Bob did would occur and that it would not have occurred if they had not made the movie. D. The families can't get their deceased loved ones back, and the court would be offended at their decision to seek money.

A. No government entity interfered with your freedom of expression, so the First Amendment is fully intact.

Allison posted on Twitter that President Kennedy was a far worse abuser of women than President Clinton or President Trump. Based on this, you decide Allison is an idiot and you no longer wish to see any of her statements. When Allison learns you have stopped following her, she demands to know why you are not respecting her First Amendment rights. Based on what you have learned in Communications Law, you respond: A. No government entity interfered with your freedom of expression, so the First Amendment is fully intact. B. If you believe these things, you should say them to people's faces - not on social media where negative comments are inappropriate. C. You expressed an opinion. The First Amendment only protects facts. D. You are right. I will add you back to people I follow.

B. Statutes, regulations and ordinances

American law can be found, in part, in: A. The Declaration of Independence B. Statutes, regulations and ordinances C. Robert's Rules of Order. D. All of the above.

A. If the same information can be obtained without using a journalist as the source, the journalist should not be compelled to testify.

Among other things, the Branzburg test indicates: A. If the same information can be obtained without using a journalist as the source, the journalist should not be compelled to testify. B. Closing a courtroom should be the last resort. C. If a journalist is required to testify, he or she is exempt from swearing to tell the truth. D. The testimony of a journalist can be disregarded unless a contempt citation has been issued.

B. While governments have tons and tons of information, finding out where to ask can be a challenge.

Among the key complications we identified with government openness is: A. The cost associated with finding and duplicating records. B. While governments have tons and tons of information, finding out where to ask can be a challenge. C. Attorneys charge by the hour. D. All of the above.

B. Yes, fair report priviliege and neutral reportage.

An official school board meeting became heated after Tom, a board member, voted to purchase milk for the cafeteria from Wholesome Dairy. Bob, also a board member, erupted. "You bum," he shouted across the table. "I know you take bribes from Wholesome Dairy and that's why you always vote to buy from them." Tom responded immediately. "I don't take bribes from anyone. Their price is the lowest and their quality is fine." Cindy, who created and operated a website called "School District NEWS," was present and reported on her site, "During the meeting member Bob accused member Tom of taking bribes from a school vendor, a charge which Tom immediately denied." At his job the next day, Tom's coworkers started calling him "Bum" and making fun of him. Someone used soap to write "BUM" across his car windshield. This really upset Tom, who believes Cindy should not have reported the argument. He wants to sue her for libel. Does she have any defense? A. Yes, fair report only. B. Yes, fair report priviliege and neutral reportage. C. No, she should not have written anything because Bob's claim was not provided. D. Yes, neutral reportage only.

D: Youtube is immune from copyright infringement liability under the Digital Millennium Copyright act

At a 100th birthday party for her grandfather, Marcia, a college student, recited what she said was a special poem she had composed for the event. As it happened, her brother recorded the event and uploaded a video of her recitation to youtube. Because one of Marcia's teachers at the university required students to post to youtube....

B. Stop taking pictures.

At a scene where first responders - police , firefighters, medical personnel - are actively doing what they do, which of the following is NOT a lawful order? A. Stand over there. B. Stop taking pictures. C. Back up. D. Get out of our way.

C. The writer used figurative language. Courts do not treat figurative language as a statement of fact.

Bill, a basketball coach, really got tired of a local sportswriter second-guessing him. One day, after the writer wrote, "As the clock was winding down and his team was down by a point, Coach Bill called a time out and sent in a three-point play. Not surprisingly, the shot missed. Any idiot knows better than to call for a three-point shot when you can win with a two-pointer. This coach is the dumbest person in America." Coach Bill sues the writer for libel. What's would be the legal outcome? A. The writer has committed libel by expressing an opinion not supported by fact. B. If the coach can provide testimony started considering him an idiot as a result of reading the article, the coach will win. C. The writer used figurative language. Courts do not treat figurative language as a statement of fact. D. The coach can win, but will have to prove he is not the dumbest person in America ... which should be easy. He can use his ACT score, anything.

A. This is an outlier situation. The First Amendment does not apply when a communication constitutes a crime.

Bob "met" a person on Tinder and was provided a phone number by the person. In the ensuing digital conversation, Bob's attraction to his contact didn't end when the person admitted being 13 years old. Bob invited the person to meet him at a local motel because he wanted to take nude photos of the person. At the specified date and time, Bob rented a room at the motel, texted the room number to his contact and was surprised a few minutes later when the police knocked and placed him under arrest. Bob protested, "What's this about? I haven't done anything except communicate? Don't I have First Amendment rights to talk to people?" What is the First Amendment analysis of this situation? A. This is an outlier situation. The First Amendment does not apply when a communication constitutes a crime. B. This is an outlier situation. The First Amendment does not apply to minors. C. Bob's right. His communication is protected as free expression. He must be set free as long as no photos were actually taken of a juvenile. D. Bob is a disgusting person, but disgusting people have rights, too. It is Tinder that is at fault here. If it didn't exist, perverts could not do the harm they do.

D. It would be protected as symbolic speech if (1) he intended a message and (2) a lot of people understood the point he wanted to make.

Bob believed the college cafeteria food was awful. To demonstrate this, one day he didn't say anything but just walked to the center of the room and forced himself to vomit. (I know, gross. Sorry). What do interpretations of the First Amendment say about Bob's action? A. This was likely a violation of the college's restrictions based on the time, place and manner of his protest. B. It was symbolic speech because he was expressing his belief that the food is lousy. C. Nothing. D. It would be protected as symbolic speech if (1) he intended a message and (2) a lot of people understood the point he wanted to make.

B - The copyright belonged to Bob before either one of them submitted it, so it was clearly theft

Bob had a business partner named Pete. Both were songwriters. One day when Bob was out of the office Pete looked on Bob's computer screen and saw lyrics and music he knew would be a No. 1 hit song. While Bob was still out, pete copied the notation and lyrics, affixed his named and submitted them to the U.S. Copyright Office. Later, when Bob submitted his work, the Copyright Office told him that song had already been submitted. Bob was furious, of course, but what does the law say about this situation?

D. As against the TV station, the taco shop owner will lose under the innocent use rule.

Bob lived in an all-party state where he operated a laundry next door to a taco shop. He and the taco shop owner were not on friendly terms and one day Bob secretly made a video of his neighbor unloading boxes labeled "horse meat" and taking them in the taco shop's back door. Bob also knew the local health inspectors took payoffs, so instead of calling them he went to a local TV station and offered the video. The station took the video and used it on the air, along with an interview of the taco shop owner claiming he never used horse meat in his tacos. The taco shop owner knows Bob doesn't have any money, so he sues the TV station for using the video recorded without his knowledge or permission. Who will win? Why? A. The shop owner will lose, but only because he was offered the opportunity to deny the implication. B. The shop owner will win because there was no proof he actually used horse meat in his tacos. C. The shop owner will win because this is an all-party state and he didn't know he was being recorded. D. As against the TV station, the taco shop owner will lose under the innocent use rule.

C. Denials must be in writing.

Bob operated a chicken farm in Mississippi near a military base. One day, he overheard some soldiers talking about a new chemical that was deadly, but left no residual effects. He immediately thought this was something neat, clean, painless and efficient he could use when harvesting his chickens. He looked at the federal FOIA law online and determined the recipe for the chemical fit the definition of "government record." He went to the base to visit the commanding officer and asked for the recipe. "Are you kidding?" the officer said. "Get out of here and don't come back." What's wrong with this? A. Bob should have been given the recipe because the humane slaughter of food animals is in the public interest. B. Bob should have been given the recipe because as a taxpayer he helped pay the cost of development. C. Denials must be in writing. D. Nothing. Most military information is exempt from FOIA.

A: Bob must sell broadcast time to Julie at the lowest basic rate and air the commercials as submitted (no editing) during time slots comparable to commercials of any other candidate

Bob owned Channel 9 in memphis. It was started by his grandfather and like his grandfather, Bob is a conservative Republican businessman. Julie, a liberals liberal, was a candidate for the U.S. Senate in an upcoming election. Everything she said she was for, Bob was against. Julie came to Bob's TV station and told him she wanted to purchase $100,000 worth of time to broadcast her 30-second campaign commercials. What are bob's legal obligations?

A. No. The fact of public employment does not make a person a public figure in and of itself.

Bob was a bus driver for the City of New Orleans. One Sunday, he was surprised to see his name on a list printed in the church bulletin of members who had made financial pledges to give money to the church but had not done so. It wasn't true. In fact he was able to take show the church treasurer his bank records showing donations made that actually exceeded the amount pledged. People started treating Bob badly anyway, calling him a sinner and a deadbeat. He tells the attorney for the church he intends to sue for libel and the church attorney said, "Go ahead. As a public employee you are legally a public figure, so you will have to prove we knew the information was a lie before it was printed. You can't so that, so you will lose." Is the attorney correct? A. No. The fact of public employment does not make a person a public figure in and of itself. B. Yes. Many people on public payrolls find this out too late. They are treated differently under libel law. C. Yes. Times vs. Sullivan established that public employees, such as police commissioner Sullivan, must meet a higher level of proof than private employees. D. No. By statute, bus drivers and other operators of mass transit are private citizens in all legal controversies.

C: It's very likely, but it depends on a fact question: whether the painting is a transformative work or derivative work

Bob was a landscape artist. Sometimes he would take his easel and paints, set up outdoors and paint a mountain vista or seashore scene or a stream near a forest. Sometimes he used other methods. Bill was a photographer. One day he was in his booth at an art sale and a customer said, "He this photo of cows in a pasture looks exactly like a painting a few booths over.".....

B. No. Unless students make specific requests otherwise, schools are allowed to publish "directory information" and that would normally include name, hometown, major, classification and honors.

Buddy applied for a summer job at an accounting firm. On his application, he said he was a junior. In truth, he had only completed two semesters of college. As part of a routine verification, the accounting firm looked Buddy up on his college's website. It showed him classified as a freshman. Buddy called the firm a few days later to see if he had the summer job. The answer was, "No, we don't hire liars." When Buddy is told the college was the source for the firm's information, he was sure his academic privacy had been violated. Had it? A. No. Colleges are free to reveal student records and grades to prospective employers. B. No. Unless students make specific requests otherwise, schools are allowed to publish "directory information" and that would normally include name, hometown, major, classification and honors. C. Yes. Absent a specific request from a student, academic records such as this must be kept confidential. D. Yes. The First Amendment imposes no requirement that people tell the truth.

C. Yes. Mississippi law does not require people asking for records to be citizens, self-identify or state a reason for their requests.

City officials in Oxford, Mississippi, adopted a written open records compliance policy that says, "Any citizen requesting a public record must provide identification and state the reason for which the record is to be used." Any problems with this? What? A. Yes. Mississippi law does not require people asking for records to be citizens. B. Yes. Mississippi law does not require people asking for records to be citizens or self-identify. C. Yes. Mississippi law does not require people asking for records to be citizens, self-identify or state a reason for their requests. D. No.

A. No. This was not a personnel matter under Mississippi law.

Clarksdale, a Mississippi town, employed 15 people to work as referees in the town's youth sports leagues. All 15 signed a petition asking for a raise. At the next meeting of the Clarksdale Town Council, a raise for the referees was on the agenda and most of them attended the meeting to hear the discussion. Jim, a reporter, was also there. It was a dicey time for the elected officials, so they decided to invoke "personnel matter" exception and discuss the raises in closed session. Everyone was told to leave the room. Was this legal? A. No. This was not a personnel matter under Mississippi law. B. Yes. Mississippi law says this is a topic that can be discussed privately. C. No. The "personnel" could be excluded, but Jim, as a journalist, could stay. D. Yes. Without an audience, the council members could speak more freely.

D: technically, larry has violated Daytona Beach's copyright of his essay.

Competition was intense for lifeguarding jobs at Daytona Beach, so competitive that in addition to normal application and credentials, Daytona beach required an essay, "Why I want to be a Lifeguard." Applicants were also required to sign a statement conferring all rights to their essays to the employer. Larry got the job and worked for two years at Daytona Beach before his family moved to Destin, which also had a beach and hired lifeguards. Larry decides to apply and noticed Destin had an essay requirement, too. He still had his Daytona Essay on is computer, so he used it with his application. What does copyright law say about this?

B. Under the Wire Service Rule, only The Associated Press would owe you damages.

Due to an error, The Associated Press sent a photo to media outlets that identified a Chicago home as the residence of notorious criminal Al Capone III. The house really belonged to an Episcopal priest who was outraged when an anti-crime mob showed up and torched his home, burning it to the ground. The priest wants to sue every newspaper, magazine, website, television station or other media outlet that displayed the photo for $50,000 each. She intends to use the millions she expects to receive to both rebuild her home and start a fund for the victims of Chicago crime. As a person well-versed in media law, what do you tell her? A. Under the Fair Report rule, you would only be able to sue media outlets that members of the mob saw. If no one from, say, San Francisco, was in the mob, then the San Francisco media outlets are not financially responsible for what happened. B. Under the Wire Service Rule, only The Associated Press would owe you damages. C. Under the Equity Rule, you may only spend any damages you receive to restore your home. Money collected from lawsuits cannot be donated to charitable purposes. D. As a priest, you would have to prove actual malice. That means you'd have to prove The Associated Press and member media outlets knew it was your house, not Al Capone III's.

D: A tenet of trademark law is that trademark rights are lost if not protected. Because bob has not protected his trademark as against others, he will have a hard time protecting it on these facts.

During his summers away from college and grad school, Bob started a business called Bear Country Hikes. He made good money walking tourists through bear habitat near his home. He emphasized safety and he never had anything bad happen. People loved photographing the bears, and the bears didn't seem to mind. Back at school one fall, he actually submitted Bear Country Hikes for a federal trademark and received notice that it had been approved and registered to him. Just for kicks, he googled Bear country hikes one day and noticed there many, similar business operating around the country under that name. As it happened, the next summer a business not far fro his, also advertising Bear country hikes, had a tragedy. An untrained guide took a group out and three family members were mauled and eaten by beats. Bob knew there was a likelihood tourists might confused that with his company, so he wants to enforce his trademark, what does the law say?

D. Yes. The judge is must allow maximum openness and closure must be narrowly tailored to serve justice. Closing the entire trial is overbroad.

During jury selection, Judge Lattimore says, "Ladies and gentlemen of the jury, this is a sensitive case in which many of the witnesses will be young children. For that reason, during the course of this trial, only you, me, the attorneys and court officials will be allowed in the courtroom." Anything wrong with this? A. No. The law allows special protections for juveniles. B. Yes. The First Amendment requires that all trials be open gavel-to-gavel. C. No. Defendants have a choice about whether their trials are held in public. D. Yes. The judge is must allow maximum openness and closure must be narrowly tailored to serve justice. Closing the entire trial is overbroad.

A. Non-competes are enforceable as long as they impose reasonable restrictions on the time and scope of an employee's future work. This appears completely unreasonable.

Ed goes to work in Nashville in the creative department of a major marketing firm. Because competition for talent in the marketing world is so intense, his employer demands that Ed sign a "non-compete." It says that he may never, during his lifetime, work in any creative capacity or perform any creative work other than for his employer anywhere in the United States. Ed knows you have taken a law course, so he asks you for advice. You tell him, accurately: A. Non-competes are enforceable as long as they impose reasonable restrictions on the time and scope of an employee's future work. This appears completely unreasonable. B. This is not a First Amendment issue because the government is not involved. You have to sign it or look for a different job. C. This is a First Amendment matter. No private employer can tell you what you can or can't do in the future. The First Amendment protects the right of individuals to make their own personal decisions. D. First, the unemployment rate among marketing professionals must be established. If it's true there is more demand for employees than supply, the document is enforceable.

D. Yes. All the elements of commercial appropriation are present and there are no exceptions.

Ed had put on a few pounds since college and really stretched out his jogging pants. He didn't realize how much until a video of him and a couple of his friends who called themselves the Fat Busters jogging on an oceanside boardwalk was used as part of a commercial for a weight loss business. Ed was clearly recognizable in the video for which he did not give permission. His name was not used, but he still found it extremely embarrassing. Has his privacy been invaded? A. No. All of the elements of commercial appropriation are there, but the news exception applies. Obesity is a public health issue. B. Yes. This is public disclosure of private facts. C. No. The video was shot in a public place, so it can be used in any manner desired. D. Yes. All the elements of commercial appropriation are present and there are no exceptions.

D - Sorry, but your list is not subject to copyright

Ed owned an upscale restaurant that asked patrons to provide their email addresses. He had a list of thousands. As Valentine's day approached, Ed refined his list to those who had made reservations in previous years for Valentine's Day. He composed a message them, offering a 20 percent discount to the first 50 to make V Day reservations again for the upcoming holiday. As it happened, Bernie had taken a date to Ed's restaurant on a previous holiday, but had since opened a restaurant himself. When bernie received Ed's discount offer, he was able to "reply all" with his own message offering a 25 percent discount for people who made reservations at Bernie's. Ed wants to know if his copyright has been violated and comes to you. You give him the correct legal answer, which is:

A. Fishing expedition.

Ed was an attorney who was representing Mike who had filed suit against the Transportation Security Administration for violating his personal privacy during an airport search. As it happened, the Cleveland Browns football team was arriving at the airport at the same time that Mike claims his privacy was violated. The Browns had just won the Super Bowl and so there were local news teams everywhere shooting video of this momentous occasion. Ed got a list of all the local media and subpoenaed their video to review just in case they had recorded the search of his client. In our law course, this is known as a: A. Fishing expedition. B. Change of venue. C. Motion to compell. D. Bear hunt.

A. No. Ed can go to a judge and present his evidence. If the judge believes he has a strong enough case to win, the judge can order providers to reveal whatever information they have about Denver's true identity. This is called the Dendrite test.

Ed was elected student body president, a fact duly noted by the online campus newspaper. A comment under the story said, "It just shows how bogus these elections are when a convicted crackhead like Ed can get elected." The comment was posted by Denver Slim. Ed called the newspaper editor, who said she would remove the comment and explained that the newspaper was sorry, but was not responsible, by statute, for the comment. Ed says, "Well, I want to find out who Denver Slim is so I can sue for libel." The editor says there's no way she can obtain the poster's true identity. Is Ed out of luck? A. No. Ed can go to a judge and present his evidence. If the judge believes he has a strong enough case to win, the judge can order providers to reveal whatever information they have about Denver's true identity. This is called the Dendrite test. B. Yes. It's just one of those realities of the digital age. People can lie and nothing can be done about it. C. No. Ed can sue the editor and her publication, forcing them to trace Denver's true identity. D. Yes. Ed really has no damages once the false statement of fact about him is removed from the website.

D. No, this is selective exclusion at an otherwise open event.

Ed, a sports reporter for ABC, went to the press conference following the University of Alabama's stunning loss to East Georgia Teachers' College, which had not won a game in six years. As the Alabama coach walked to the lectern, he saw Ed and said, "You get out. I saw your prediction that we would lose today and we did. I never want to see you in here again. Get out, now." Was it legal for the coach to eject Ed? A. Yes if the room was private property. Ed had to leave or he would be trespassing. No if the room was public property. B. No, this was rude and people on the public payroll (the coach) are forbidden from being rude to media representatives. C. Yes. The First Amendment does not require any person - public employee or not - to talk to person if he or she does not wish to do so. D. No, this is selective exclusion at an otherwise open event.

B. No. Opinion can hurt reputation, but doesn't constitute libel.

Eddie thought he was a shoo-in to be head football coach at the University of Florida, a job that paid $6 million per year. At a press conference, however, the athletic director announced that someone else had been hired. Eddie knew the athletic director, so he sent him a text: "What happened? I thought I was your choice." The athletic director responded, "You were, but at the last minute, Tom Threebow, our superstar former quarterback, called the university president and said he didn't think you were the right person." Eddie wants to sue Threebow for libel. Will he win? A. Yes. Threebow interfered when he should have kept his mouth shut. B. No. Opinion can hurt reputation, but doesn't constitute libel. C. No. Digital communications can never be basis for lawsuits. D. Yes. Unless Eddie gets a better job paying more than $6 million he can prove he was defamed.

B: "Ernie, you never owned the copyright to that photo."

Ernie was employed in 1974 by a local school district to take pictures at athletic events, which he did. He was surprised 40 years when his phone rang. It was one of the high school athletes Ernie had photographed. The athlete had gone to college and professional career and was being inducted into his college athletic hall of fame. "I just thought you'd like to know that a photo you took of me when i was in the 11th grade was in the program book. It has always been a favorite." Ernie thanked the caller, but started wondering about copyright law. He called you, a friend, to ask whether there had been an infringement. You know copyright law backwards and forwards, so you tell him:

C. No, Don, businesses can't sue for privacy.

Everybody in town was talking about the French fries at Don's Restaurant. People lined up before the restaurant opened. Bonnie, who operated a nearby restaurant, also had fries on her menu, but it seemed she was losing customers. As it happened, her apartment was on the third floor of a building and from her balcony she could see the back door of Don't restaurant. Desperate to find out Don's secret, she borrowed a telescope from a friend. By patiently watching, she could catch glimpses into Don's kitchen to observe the cooking technique. She could also see when his restaurant closed and went through his trash to learn what potatoes, oil and seasonings he was using. By these methods, she was able to learn how Don made his fries and duplicate them on her menu. Eventually, her former customers started returning and saying, "These are just like Don's." Don heard about this and what Bonnie had done to copy his method. You are his friend and he knows you have taken Communications Law, so he says, "Can my business sue her for invasion of privacy?" You know the correct answer, so you say: A. You bet. People on juries don't like "sneaky" and we will win based on her stealth. B. Yes. There was a reasonable expectation of privacy. C. No, Don, businesses can't sue for privacy. D. No. You should have been more careful with your trash. It's in the public domain.

D. That orders for the jet were canceled or sales declined.

Executives at Boeing Aircraft were excited about their new passenger jet and, in fact, had orders pending from 12 major carriers. That's why they were so upset to read in Aviation Magazine that the new jets "used twice as much fuel as expected." It wasn't true. In fact, independent data showed the new jets were more fuel efficient that earlier models. Boeing wants to sue Aviation Magazine for libel. Which of the following will be essential if the company is to win? A. That the magazine was read by executives who purchase jets for airlines. B. That the magazine editors were on the payroll of Airbus, a competing manufacturer. C. That the fuel tests were, in fact, independently done and accurate. D. That orders for the jet were canceled or sales declined.

B. Academic.

FERPA makes what kind of records personal and confidential? A. Employment. B. Academic. C. Compensation. D. Medical.

A. ... knew a statement of fact was false before it was published or acted with reckless (total) indifference to its truth or falsity.

For a plaintiff to prove actual malice, he must establish that the defendant ... A. ... knew a statement of fact was false before it was published or acted with reckless (total) indifference to its truth or falsity. B. ... was motivated or paid to make the plaintiff unpopular. C. ...had an ulterior motive. D. All of the above.

D. No. The First Amendment provides that government will not limit freedom of expression. There's no mention of government involvement on these facts.

Frank, a restaurant server, complained on breaks to his fellow servers that the kitchen was messing up his orders all the time, meaning he was losing a fortune in tips. One of his fellow servers was dating a cook and mentioned Frank's complaints to the cook. The cook mentioned it to the manager who called Frank in and fired him, saying she didn't need employees with bad attitudes. Is there a First Amendment issue here? A. It depends on whether the cooks can prove they were correctly preparing food Frank ordered. B. It depends on whether Frank can prove the truth ... that his orders were, in fact, being messed up by the kitchen staff. C. Yes, assuming this takes place in America, Frank is guaranteed the right to speak freely. D. No. The First Amendment provides that government will not limit freedom of expression. There's no mention of government involvement on these facts.

B. It's actually not libel unless someone believed it. It's doubtful that anyone, anywhere believes you are from a different planet.

George , not pleased with an action taken by his university, posts, "I swear, this chancellor is from Mars or something." As it happens, the chancellor is from New Orleans and has not taken Communications Law. George has. The chancellor tells George he's going to sue for libel, but George should respond: A. You are a public figure. You can't sue me or anyone else for libel. B. It's actually not libel unless someone believed it. It's doubtful that anyone, anywhere believes you are from a different planet. C. Don't sue me. I admit it was libel. What do you want me to do? D. Hey, it was just my opinion.

B. Liability flows with control.

Given that America-based social media platforms, generally, do not wish to have government-imposed content controls and, instead, believe they can set rules to manage content, what peril do they create for themselves? A. People are often mistaken or irresponsible or both. B. Liability flows with control. C. Thorough revisions for the CDA will be needed. D. Conversion to a fee-based system, which most members will reject.

A. Most of them

Globally, how many nations filter or manage in advance public communications? A. Most of them B. All of them except Great Britain C. A few of them D. Just Germany

C. No. Sadly for you the right to a public trial belongs to the public and protects the trustworthiness of the legal process. It is not a right that belongs to you or that you can waive.

Hannah was an accountant who had been working at the same firm for several years. One day she was arrested, to her surprise, and accused of diverting money from a client's account to her own account. She didn't know how it happened and, upon investigation, learned it was a bank error - a fact that could be proved. Nonetheless her employer fired her and the prosecutor insisted on taking the case against her to trial. Because she was sure she would be found innocent - because she was, in fact, completely innocent - she worried that any publicity about her case would ruin her chance of obtaining a good job with another accounting firm. She was researching the law and found the Sixth Amendment guaranteed her a speedy and public trial. She knows you have taken a law course, so she asks you if she can waive her right and have a private trial. What do you tell her? A. Yes. You can ask the judge to close the courtroom and, unless the prosecutor objects, you have this right. B. Yes. The Sixth Amendment has been ruled more important than the First Amendment. C. No. Sadly for you the right to a public trial belongs to the public and protects the trustworthiness of the legal process. It is not a right that belongs to you or that you can waive. D. No. All trials must be open to the public gavel-to-gavel. There is never a time a judge can close all or part of any trial.

C. She will need to be creative because federal law prohibits using children under 13 for market research.

Harriet walked proudly off the stage with her degree in Integrated Marketing Communications into an $80,000 year as a research specialist with Formby Marketing. As her boss welcomed Harriet, she said, "Your first assignment is for a candy company we represent. Find out what candy little kids like best." Because she made an A in Communications Law, Harriet immediately remembers: A. This will be a challenge because children's tastes vary widely and many parents ban sugary sweets. B. She will need to be creative because state laws differ about what can be "mined" on the internet. C. She will need to be creative because federal law prohibits using children under 13 for market research. D. She should be able to find big data research on this topic, but it will be expensive.

A. The TV news use was permissible; the other use was an appropriation.

Homer loved skiiing. During one trip to Summit Resort, however, he was stuck up in the air when the lift malfunctioned. He was understandably frustrated and anger showed on his face. Still, he was surprised the next morning to see video of himself on the local TV station. The story was about recurring problems at the resort. Homer was even more surprised to see the same video days later in an commercial for a competing resort. During the commercial, as Homer's frustrated face was on the screen an announcer said, "Come ski at Sunnyvale, where the equipment works." What does the law say? A. The TV news use was permissible; the other use was an appropriation. B. Both uses were permissible because the video was shot in public. C. The first use was an appropriation because Homer did not provide consent. The later use is subject to the Booth Rule. D. Both uses were appropriations because consent was not given for either one.

A. The news exception allows use of Homer's image without consent.

Homer loved skiiing. During one trip, however, he was stuck up in the air when the lift malfunctioned. He was understandably frustrated and anger showed on his face. Still, he was surprised the next morning to see video of himself on the local TV station. The story was about recurring problems at the resort. Homer had nothing against the resort and feared losing the discounts he received as a frequent guest. He wants to sue the TV station for using his name or likeness without his permission. What does the law say? A. The news exception allows use of Homer's image without consent. B. It depends. If Homer's registration at the resort included consent to be photographed, he loses. Otherwise, he wins. C. It depends. If the resort cancels Homer's discounts he has real, provable damages. Otherwise no. D. The elements are all present for commercial appropriation of a plaintiff's name or likeness. If Homer sues, he will win.

C. Identity.

In the aftermath of Hurricane Florence, a TV report showed a coastal neighborhood that had been washed away. Speaking during the report was head of the local chamber of commerce, who said, "We hope this area will be restored and rebuilt as a public park because, quite frankly, the flooding did a great service. Everyone who lived here was on meth or opiods. It was a haven for drugs and crime." As it happens, Judy lived in that neighborhood. She is a nurse who worked at a substance abuse clinic and felt her reputation was damaged by the statement that "everybody" was a drug addict. Which of the following is the strongest reason she would lose a libel case? A. Section 230 of the Communications Decency Act. B. Permissible exaggeration. C. Identity. D. Neutral reportage.

C. She will lose because the statute of limitations has expired.

Immediately after the last exam of her last semester at the University of Mississippi, Marianne reported for duty as a Naval recruit in Norfolk, Va. She then served three years, during which it seemed odd to her that the many friends she had made at the university didn't comment on her social media posts, return her emails or respond to her texts. She noted several in one way another "unfriended" her, but had no idea why. Marianne knew everyone "moves on," but thought it strange that she was shunned. After her discharge, she passed through Oxford and went into a familiar restaurant. The owner recognized her and said, "Wow, I thought you'd never show your face in this town again." Marianne asked what the owner was talking about. "It was in the paper," the owner said, "that you skipped graduation because you had been recruited by the terrorist group al-Quaida." Marianne was aghast. She went to the library, looked in the archives for the old article and sure enough there had been a line left out of a story. It should have read, "Marianne has been recruited by the U.S. Navy for an elite force to join al-Quaida in battle. Without the line, it read, "Marianne has been recruited to join al-Quaida in battle." Desiring to protect her reputation, or try to regain it, she decided to sue the newspaper. What result? A. She will win, assuming that she can locate former friends who will say the article caused them to lower their opinion of her. B. She will lose under the innocent mistake rule. C. She will lose because the statute of limitations has expired. D. She will win and needs only the testimony of the restaurant owner about what happened.

A. It eliminates the risk of punitive damages.

In Mississippi, the effect of publishing a full and fair correction or revising online content that is libelous is: A. It eliminates the risk of punitive damages. B. It eliminates the risk of actual and punitive damages. C. It requires an injured party to settle out of court. D. It eliminates the risk of being sued for libel.

C. This raises the issue of "incitement." As a rule, media calls for action have not been found unconstitutional. This is protected speech.

In a reaction to a series of bold daylight carjackings, The Daily Bugle published an editorial calling for public flogging of anyone suspected (not convicted) of the crime. Is this protected speech? A. Yes. The First Amendment guarantees news media will not be held responsible for content. B. This raises the issue of "kiddie law," given that almost all carjacking is done by young people. C. This raises the issue of "incitement." As a rule, media calls for action have not been found unconstitutional. This is protected speech. D. This raises the issue of whether punishment before trial is constitutional. This is not protected speech.

A. Jurisdiction. Kearney's government has only those powers specified in its own charter and not at odds with the state and federal constitutions. If the power to erect traffic lights on a federal highway is not listed or implied, then the town does not have the authority.

In an effort to promote business, officials in the town of Kearney, Nebraska, decided to put up a series of traffic (stop) lights on the nearby Interstate along with several signs inviting travelers to shop and dine in the downtown area. The Federal Highway Department blocked this plan, claiming it would inconvenience travelers, among other things. What legal principle is likely to decide the outcome? A. Jurisdiction. Kearney's government has only those powers specified in its own charter and not at odds with the state and federal constitutions. If the power to erect traffic lights on a federal highway is not listed or implied, then the town does not have the authority. B. Time, Place and Manner. As long as the traffic lights are applied to all traffic, they are legal. C. Federalism. Federal authorities have complete power over any and all state or local actions or decisions. D. Commerce Clause. The U.S. Constitution specifically allows local governments to take whatever actions deemed necessary to protect and promote commerce.

B. Expressions that are deemed not to need First Amendment analysis because they fall outside the scope of First Amendment protection.

In our course, the term "outlier" has been used to describe: A. Expressions that arouse anger or suspicion B. Expressions that are deemed not to need First Amendment analysis because they fall outside the scope of First Amendment protection. C. Expressions by K-12 students and any expression on social media D. Expressions that relate to time, place and manner.

C. Strategic Lawsuit Against Public Participation.

In some jurisdictions (not Mississippi), threatening to sue in advance of the publication of truthful information in order to keep the information from being published is a separate tort called: A. Intentional Infliction of emotional distress. B. Negligent Infliction of Emotional Distress. C. Strategic Lawsuit Against Public Participation. D. Derivative Litigation.

D. Intrusion.

In which of the following torts is publication not required? A. Commercial appropriation. B. Public disclosure of private facts. C. False light. D. Intrusion.

D. Yes. The First Amendment contains no requirement to self-identify, but Instabook is a private business and can legally impose this requirement.

Instabook, a free digital communications platform, allowed people to download/activate/use the service under a nickname if they wished, but also required them to provide and prove their true identity, usually by submitting a drivers license, credit card or other information. Julie wanted to use Instabook because all her friends were enrolled, but didn't want to reveal her true identity. May Instabook refuse to enroll her? Why? A. No. The First Amendment contains no requirement to self-identify as a condition of freedom of expression. B. No. Because this is a free service. C. Yes. Federal law protects free speech, but people have to stand by whatever they say, including on Social Media, and that's not possible if people can hide their identity. D. Yes. The First Amendment contains no requirement to self-identify, but Instabook is a private business and can legally impose this requirement.

C. They lost customers as a result of Bob's message.

It was a big scandal. Everybody in the small town, it seems, knew that people attending a party caterered by Sweets R Us, had become extremely ill from food poisoning. There was even a story about it in the local newspaper. Bob, a competitor, immediately added a phrase to the slogan he used to advertise his catering business. It read, "Hire Us. We Deliver, And Our Food Won't Make You Sick." The owners of Sweets R Us believe this is libel. What do they have to prove to win a lawsuit? A. Bob foods have, at times, also made people sick. B. They can't win because their name is not used in Bob's ad. C. They lost customers as a result of Bob's message. D. They can't win because it's a statement of opinion.

D. No. Nothing has been published.

Jane, who was Sue's sorority big sister, sent Sue a text. It read, "I saw you cheating on the calculus test and this is a warning. Our sisters don't cheat, and if I see this again I will have you thrown out." Sue is horrified. She wasn't cheating and knows her reputation will be hurt if she is dismissed from her sorority. A false statement of fact has been made about Sue. Does she have a libel case? Why? A. Yes, but she will have to prove actual malice. B. No. At this point, all she has received is a warning. Only an instructor can accuse a person of cheating. C. Yes. All the elements are there. D. No. Nothing has been published.

IT IS NOT (B: impose a fine for violation of the fairness doctrine)

Jimmy decided to run for governor of Mississippi and staged a very clever campaign. Everyday at noon, he would hold a press conference with a different live animal and explain why that animal was like one or more of his opponents. Animals that Jimmy paraded before cameras included snakes, camels, jackasses, mice, worms, and chickens. TV news people loved these daily stunts......

A. Fair report privilege.

John was ashamed of the fact that he had been arrested and booked into jail for not paying a speeding ticket, but was surprised when he started receiving texts from friends asking him why he killed his wife. Uh oh. A mistake was made at the jail. The TV station had requested the booking photo of a man who was, in fact, accused of killing his wife, but a clerk had mistakenly sent John's picture. John is really worried about damage to his reputation. If he sues the TV station, what will be the station's best defense? A. Fair report privilege. B. Neutral reportage. C. We only said you were accused, not convicted and everybody knows you are innocent unless proved guilty. D. We didn't use your name, so you were not identified.

D. The store is private property, so when asked to leave Jolene must leave or risk being charged with trespass.

Jolene was instructed to prepare a story on the most popular Halloween costumes. She went to a costume store and when customers came in, she asked them how they were going to dress. The store's owner saw what was happening and told Jolene to leave. What does the law say? A. Jolene can stay, but must agree not to say where she talked to people for the story. B. The First Amendment says the store owner cannot interfere with a journalist. C. The store is open to the public, so Jolene has a right to be there and ask questions. If customers don't want to answer, they don't have to - but Jolene has every right to be there. D. The store is private property, so when asked to leave Jolene must leave or risk being charged with trespass.

D. Yes. Minors can't give consent.

Josie taught the kindergarten Sunday school class at her church. She needed to raise money for a class trip, so she had the idea of a GoFundMe page on the internet, inviting viewers to send donations. "I have an idea," she told the children. "We can rent a bus and travel to the zoo and I will ask people for money to help us. All of you who want to be in the picture I will use to promote this look at me and smile." All the students did. Their photo was taken and posted. Not long afterward, the pastor called Josie and said a parent had objected. "I asked the children if I could use their picture and they all agreed," Josie said. "So I don't know what the problem could be." Is there a problem? A. Yes. She should have asked the pastor first. B. No. Consent was obtained. C. No. This is not a commerical purpose and churches are exempt from lawsuits. D. Yes. Minors can't give consent.

D. Testify truthfully about what she saw.

Judy, a reporter for Tupelo TV, was driving back from an assignment in Oxford when she saw several goats grazing by the road. A few months later she was shocked when she was summoned to court to testify. When she asked, she was told that a wreck had occurred shortly after she passed the goats. A driver who was injured when he swerved to miss a goat on the highway was suing a nearby goat farmer. The goat farmer was denying his goats were ever on or near the road. As it happened, a house near the accident scene had a security video camera on its porch. The video was reviewed and showed no goats, but it did show the sedan with bright WTVA-TUPELO NEWS painted on the side. The lawyer wanted Judy to testify whether she saw any goats. According to what we have learned, Judy should: A. Throw the subpoena in the trash and get on with her work. B. Offer to testify by video, but not in person. C. Assert her First Amendment privilege as a working journalist. D. Testify truthfully about what she saw.

C: Actually, that's a list and regardless of how much you worked to create and maintain it, it is not copyrighted.

Juliette was an experienced wedding planner who worked with many brides to organized everything for the perfect day. Through the years, she had gathered the names, contact information and some pricing information and gave it to prospective customers as a guide to help them make decisions. One year, Janet, also a wedding planner, moved to the town where Juliette had most of the business. Shortly after, Juliette decided to check her out. When she googled "Weddings by Janet," Juliette was shocked to see Janet's site contained what was clearly Juliettes work - the lists she had compiled and kept updated for years. Juliette believes her copyright has been violated. She just needs to know what to do about it. What do you tell her?

B. Life, liberty and the pursuit of happiness.

Life, liberty and the pursuit of happiness. A. Assembly. B. Life, liberty and the pursuit of happiness. C. Press D. Speech

D. Sadly perhaps, the rule is that public information can't be the basis of a privacy claim, and court records and prison records are public records - even if no one in the new state knew about them.

Mary left her first husband, and she and the children moved to a different state. She became very involved with the local schools. She was so active, in fact, that her neighbors encouraged her to seek election to the school board. As it happens, the reason she had obtained a divorce was that the children's father had been caught stealing from his employer and sentenced to 10 years in prison. Mary doesn't think this is anyone's business and believed no one would find out. After all, she had never taken his surname. But it did happen. At a forum for candidates, her opponent for the seat said to the audience, "Mary is a really good person and I like her; isn't it sad that her ex-husband is in prison as a thief?" Mary is humiliated and wants to sue for public disclosure of private facts. What rule applies? A. It depends on whether Mary's ex has served his time or whether he, in fact, remains in prison. B. Mary, having moved to a different state and legally divorced her former husband, had a reasonable expectation of privacy. C. By law, the criminal acts of one person - even a spouse - cannot be imputed to other members of a family. D. Sadly perhaps, the rule is that public information can't be the basis of a privacy claim, and court records and prison records are public records - even if no one in the new state knew about them.

D. No. The media cannot make a person famous and then defend itself based on the fame of the plaintiff.

Mary was a kindergarten teacher. On a bright spring day, a Boston newspaper photographer asked her to pose for a photo illustrating the wonderful weather. As it happened, the photo was taken outside a public building named for Civil War Gen. Benjamin T. Hooker. When the photo appeared, it featured a smiling Mary entering a doorway with the words "Hooker Entrance" etched above her head. (In English slang, "hooker" is a term describing prostitutes.) The photo went viral with more than 2 million posts and reposts. Mary sued the newspaper whose attorneys respond that she was a public figure based on the millions who had seen and shared the photo. Is she? A. No. She is a vortex public figure but will still have to prove actual malice. B. Yes. She agreed to the photo. She could have said no thanks. C. Yes. She will have to prove actual malice. D. No. The media cannot make a person famous and then defend itself based on the fame of the plaintiff.

B. Should provide the licenses with the Social Security numbers redacted.

Mary was writing an anniversary story on the U.S. Supreme Court decision allowing same-gender marriage. As part of this, she wanted to know how many same-gender couples had wed locally. She went to the appropriate clerk's office and asked for copies of all marriage licenses sold since the court decision. "There's a problem with that," the clerk said. "The licenses have Social Security numbers on them, which are confidential, so we can't comply with your request.' Under Mississippi law, the clerk: A. Should require Mary first to complete a purchase requisition. B. Should provide the licenses with the Social Security numbers redacted. C. Has answered correctly. D. Should provide the licenses and ask Mary not to let anyone else see the Social Security numbers.

A. It depends on whether a jury finds that she had a reasonable expectation of privacy.

Mary worked as a loan officer at First Bank. She considered this to be her business and hers alone, so she was really angry when, at a family wedding in front of many people, her cousin Mark asked her, "So, how do you like working at First Bank?" She had not given him or anyone else permission, express or implied, to reveal the name of her employer. She wants to sue Mark for Intrusion upon Seclusion. Will she win? A. It depends on whether a jury finds that she had a reasonable expectation of privacy. B. No. Not unless Mark also worked in the banking industry. C. It depends on whether the people who heard this included at least a few who were not relatives. D. Yes. If she considered this private information, it was private information.

B. Yes. It appears all the elements are there.

Maryann was enraged when she learned who had been hired to teach physics at the high school her son attended. She posted on her Facebook page, "The new physics teacher is a total incompetent. He has been fired from three schools and there are rumors that he doesn't know how to control himself around female students." Assuming the new teacher has never been fired, does he have a libel case against Maryann? A. No. His name was not used. B. Yes. It appears all the elements are there. C. No. Maryann has First Amendment rights, same as everybody. D. No. The new teacher will need to sue Facebook.

A - The desire of broadcasters to be competitive with non-broadcast media

Most pressure for continued broadcast deregulation comes from:

B. The right to free expression is not dependent on self-identification. That is, the First Amendment allows anonymous speech, so the group does have a valid objection to the form.

Niceville has an ordinance requiring any person wishing to perform music in public to complete a permission form at City Hall. The form required all participants to provide proof of identity - name, address, phone number. The Libertarians Against Lumberjacks wanted to sing protest songs on Court Square against the cutting of trees, but objected to the form. What does the First Amendment say about this? A. The answer to this depends entirely on the ages of those who wlll sing. B. The right to free expression is not dependent on self-identification. That is, the First Amendment allows anonymous speech, so the group does have a valid objection to the form. C. The form limits free expression in a public place, so it is unconstitutional on its face. No restrictions are allowed. D. The form is a reasonable exercise of government authority and enables people with differing viewpoints to contact those with whom they do not agree.

C. Consent.

Of the following, which is the most common defense to a privacy tort claim? A. Unreasonableness. B. Statute of limitations. C. Consent. D. First Amendment.

D. Respect the wishes of the victim on whether or not to be identified.

On the question of publishing the identities of people reporting they are victims of sex-related crimes, most media today: A. Follow federal statutes on this matter. B. Wait until trials for accused people are completed. C. Follow state law on this matter. D. Respect the wishes of the victim on whether or not to be identified.

A: The requirement that computers in K-12 schools and public libraries have filters to screen out adult material unless a patron requests the filter be disabled during use of a specific device.

One of the controls on internet content that was withstood First Amendment challenge is:

A. Individuals choosing not to speak, to stay out of a conversation or avoid a topic.

Other than by government, freedom of expression is influenced by: A. Individuals choosing not to speak, to stay out of a conversation or avoid a topic. B. The reality that expressions by others must be valued and respected. C. The marketplace that requires private enterprises to provide the guarantees in the Bill of Rights. D. All of the above.

B: Public Interest, Convenience or Necessity

PICON stands for:

A. It might be a compensable commercial appropriation if Pete had not been killed, but on these facts Carhardt has not incurred a legal debt to the family.

Pete liked Carhardt brand overalls. in his job as a highway construction manager, he found them to fit well and last a long time. At the end of a long, hard day on the job, Pete was standing beside a motor grader, the sun was golden and dust particles looked like glitter. A skilled photographer happened upon this scene, asked Pete if it was OK to take his picture and Pete said it was fine. A few months later, Carhardt's marketing team started using the image on billboards advertising the brand. Very effective. Sales rose. What Carhardt didn't know was that days after the photo was taken, Pete was hit by a vehicle and killed. When his wife and kids saw the billboards, they, of course, recognized their father and it was very hurtful to them. As a practical matter, they had also lost the family breadwinner and were naturally curious about payment for using their loved one's photo in advertising. What does the law say about this? A. It might be a compensable commercial appropriation if Pete had not been killed, but on these facts Carhardt has not incurred a legal debt to the family. B. Consent is consent. Pete said it was OK to take his picture, so what the photographer did with it is irrelevant. This is the reason Pete's family is not entitled to compensation. C. The key fact is that sales rose. Based on this, Pete's survivors must be compensated. D. It depends on whether the photographer told Pete about the intended commercial use of the photo. His consent was general, not specific.

C. It appears to be a FERPA violation.

Professor Plum wanted her students to do better, so after the first test she rearranged seating in the classroom. She called out the names of students who failed and required them to sit on the front row, then students who made D's, then C's, then B's. Students who made A's were forced to sit in the back row. Anything wrong with this? A. It appears to be a FOIA violation. B. It appears to be a HIPAA violation. C. It appears to be a FERPA violation. D. No.

A. Mr. Manning has a legal right of publicity case. All the elements are there.

Proud Linda's Restaurant posted a sign reading, "Eli Manning eats here, so should you!" in its window. Mr. Manning, a world-famous professional athlete, did not give permission for the sign and saw the sign for the first time while entering Proud Linda's, one of his favorite places to eat. Which of the following is true? A. Mr. Manning has a legal right of publicity case. All the elements are there. B. Mr. Manning has no case under the Booth Rule. C. Mr. Manning has no legal case because the sign is merely a statement of provable fact. D. Mr. Manning has a legal cause of action, but only if he can show Proud Linda's business volume increased as a result of the sign.

D. Vortex Public Figure.

Robert was a line inspector for the Chicago Transit Authority. One morning while making his rounds, he saw that a rail had been twisted away from its normal position and also noticed a van driving away. He called police and gave them the information. The van was stopped and the people inside admitted they were carrying out a terror plot to derail a train into a nearby children's hospital, killling or maiming hundreds. What is Robert's legal status? A. Limited purpose public figure. B. Public Official. C. Private Citizen. D. Vortex Public Figure.

A. Vendors.

Section 230 of the Communications Decency Act treats internet service providers the way common law treats: A. Vendors. B. Publishers. C. Commerical fishermen. D. Republishers.

C. Writing or speaking that is against government or deemed not in the government's interest.

Sedition is defined as: A. Writing or speaking that runs contrary to the betterment of society, if analyzed objectively. B. Writing or speaking in such a way that lawless violence results. C. Writing or speaking that is against government or deemed not in the government's interest. D. Writing or speaking falsehoods.

C. Equity

Some legal cases involve property line disputes, divorces, adoptions, the meaning or validity of wills, guardianships and such where the court's job doesn't involve finding fault or awarding damages, but "doing right" as between the litigants. These general term for these cases is: A. Misdemeanor B. Article III C. Equity D. Probate

A. Shield Laws.

Some states have laws that provide journalists a privilege against supplying information requested by a court or the government, generally. These are called: A. Shield Laws. B. Sword Laws. C. ECPA laws. D. Exclusionary rules.

A. Says that when a media entity images for promotion that were first used for news, the subsequent use does not create a tortuous appropriation.

The Booth Rule says: A. Says that when a media entity images for promotion that were first used for news, the subsequent use does not create a tortuous appropriation. B. Says that when a media entity images for promotion that were first used for news, the subsequent use creates a tortuous appropriation unless separate consent was obtained. C. Says the people nearest the wall order before the people on the outside. D. Says use of "click-bait" is protected by the First Amendment.

A. Cell phone conversations are to be treated the same as wired phone conversations; that is, listening in is illegal.

The Electronic Communications Privacy Act says: A. Cell phone conversations are to be treated the same as wired phone conversations; that is, listening in is illegal. B. Only state governments may monitor phone conversations. C. Providers on social media MUST give users the option to add or delete those who can see their posts. D. Only the federal government may monitor phone conversations.

B. Apply the Branzburg test.

The University of Mississippi hired a company to haul off tailgate debris after every home game at the rate of $600 per load. Herbert, an intrepid journalist, suspected the company was overcharging, so he set up a video camera and recorded all trucks leaving the Grove area between midnight and noon the next day after a home game. He then obtained a copy of the company's invoice for that event and it showed 78 truckloads were hauled away. Herbert's video proved there were only 60 truckloads, meaning the University was overpaying. He published a story about this and included still shots from the video he made. University officials read the story and, in turn, sued the trash company for overcharging. The university and trash company demanded that Herbert turn over his video. You are the judge. What does the law say you must do? A. Dismiss the case if Herbert's video is the only proof because journalists are protected by an absolute privilege against providing evidence or testimony. B. Apply the Branzburg test. C. Negotiate a purchase price for the video with Herbert's employer. D.Have Herbert arrested for invasion of privacy.

D. The First Amendment does not provide journalists a privilege against providing testimony.

The core finding in the Branzburg case was that: A. When it comes to privileges, journalists are the same as spouses, clergy, doctors and lawyers. B. The First Amendment provides journalists a privilege against providing testimony if it interferes with their work as journalists. C. The First Amendment does not provide a definition of "journalist." D. The First Amendment does not provide journalists a privilege against providing testimony.

D. Directory Information.

The default rule for health-care providers and educational institutions under HIPAA and FERPA allows release of: A. Confirmation only. B. Private information. C. No information. D. Directory Information.

D. Whether most of the benefit goes to the public.

The key consideration in determining whether closure of a meeting or record is proper under the spirit of federal and state laws is: A. Whether trade secrets are at risk. B. Whether failure to close would cause officials to be embarrassed. C. Whether national security is at risk. D. Whether most of the benefit goes to the public.

A. Has had wide swings generation to generation.

The law as well as public sentiment about personal privacy: A. Has had wide swings generation to generation. B. Always comes down to whether there is money to be made. C. Always comes down to, "Is this harmful to the majority?" D. Has been consistent since adoption of the Constitution.

C. There is reason to believe people under certain ages are not capable of understanding/appreciating certain laws or the consequences of their actions.

The law frequently is applied differently to juveniles. The rationale for this is: A. Teenagers are notoriously irresponsible. B. Laws cannot be applied to those who did not have a voice in making them. People under 18 are not allowed to vote. C. There is reason to believe people under certain ages are not capable of understanding/appreciating certain laws or the consequences of their actions. D. There are not enough prisons for juvenile offenders and they can't be housed with adult offenders.

A. Do not allow audio or video recording devices.

The majority of federal courts: A. Do not allow audio or video recording devices. B. Allow audio and video recording, but do not allow live broadcasts or livestreaming from courtrooms. C. Allow audio and video recording with advance permission. D. Allow still photography only, and with no camera flash.

A: the extent to which government will make rules governing bandwidth as an asset

The term 'net neutrality' references:

C. Any person

Under federal and Mississippi open records laws, who is entitled to ask to see a record? A. Any journalist B. Any citizen C. Any person D. Anyone who can state a tangibl interest.

C. In a society where people have no fear of voicing their ideas or listening to the ideas of others, truth will emerge, leading to improvements in society as a whole.

What is meant by "marketplace of ideas?" A. It is a website where people can post their ideas and get paid based on their popularity. B. It means people can try to sell their inventions without government controls. C. In a society where people have no fear of voicing their ideas or listening to the ideas of others, truth will emerge, leading to improvements in society as a whole. D. A society left on its own will disintegrate into chaos.

C. It means that if people are allowed to vent their frustrations and express their thoughts without government retribution, they are less likely to resort to violence. In essence, if the people feel they have a voice and are being heard, they are more accepting of situations.

What is meant by characterizing the First Amendment as a "safety valve." A. It means letting people "pop off" whenever they want to creates a constant climate of disorder which is not productive or efficient. It explains why the better course is to set clear rules about what expression is acceptable and what is not. B. It means that military forces cannot be used in domestic settings. C. It means that if people are allowed to vent their frustrations and express their thoughts without government retribution, they are less likely to resort to violence. In essence, if the people feel they have a voice and are being heard, they are more accepting of situations. D. It is a simple way of explaining the intersection of stare decisis and res judicata.

D: it applies when one media outlet gathers & shares breaking news from another news outlet without expending any expense or effort

What is the Hot News Doctrine?

B. Failure to exercise reasonable care.

What is the legal definition of simple negligence? A. Failure to verify facts. B. Failure to exercise reasonable care. C. Placing trust in others too willingly. D. Failure to verify sources.

C. None, generally.

What rights of access do journalists have that non-journalists do not have? A. They can enter private property and remain on private property as long as there is a legitimate news event in progress. B. They can capture pictures/video in museums where there are signs reading, "No Photography." C. None, generally. D. Preferential seating at public events including courts.

C: to be useful. The electromagnetic spectrum needed someone to assign frequencies

What was the basis for creating federal broadcast regulations?

D: All of the above

What's smart about V-chip legislation?

D. They look to see if a legitimate public interest is served by any state action that infringes on personal privacy.

When a question of personal privacy is considered by the U.S. Supreme Court in recent years, what can be said about how the justices evaluate the matter? A. The standard they use is "reasonableness." B. They look to see if the public strongly believes an activity should be regulated. C. They start with asking whether the alleged encroachment is by a state government or by the federal government. D. They look to see if a legitimate public interest is served by any state action that infringes on personal privacy.

D. Any of the above.

When any law is ruled unconstitutional by a court, that means: A. The authority/power to enact the law was not expressed or implied by the U.S. Constitution. B. The law was vague C. The law was overbroad D. Any of the above.

C. No. Truth is truth, and the passage of time is not, legally, a factor.

When he was 16, Irving was in a street gang that went on a rampage and set fire to several buildings including a high school. Irving was charged with arson. He and the other teens were identified in media reports, but as a juvenile offender, he was released when he turned 18 . Irving got his act together, went to college, became an accountant and lived quietly. On the 50th anniversary of the construction of the new high school, the local press innocently reported, "The new building was made necessary after arsonists, identified as (Irving and his companions listed by name) who burned down their school." Irving's grandchildren saw this story and quizzed their grandfather, "Was this you?" The grandfather admitted it and, as it happened, the next day his boss at the accounting firm said they could no longer have him on the payroll because he had become a marketing liability and clients were complaining. Irving believes the local press has needlessly defamed him in the eyes of his family and employer and wants to seek damages. Will he win? A. Yes. The statute of limitations on republishing this information expired long ago. B. No. Because he was a minor, his name should not have been published in the first place. C. No. Truth is truth, and the passage of time is not, legally, a factor. D. Yes. This was clearly negligent reporting.

A. False light.

When she was hired as superintendent of the Pinewood School District, it was accurately reported that in 2010 Berta Johnson had left the Oakwood School District under a cloud. Specifically, the press reported, she had been accused of falsifying the grades of student athletes so they could get college scholarships. Not reported was that in 2012 a coach at Oakwood admitted he had been changing grades and that Johnson had nothing to do with this. What tort is indicated by these facts? A. False light. B. Libel. C. Intrusion. D. Public dislosure of private facts.

A. Ed is likely "libel-proof" on these facts. It's not likely that opinions of Ed would improve had the accurate number been reported initially.

When she was reporting on contamination at a local park, Judy wrote that "Ed has openly admitted releasing 50,000 gallons from his portable toilet business into City Pond because he didn't think people should swim there anyway." That was an accurate statement of fact, except that Judy inadvertently added an extra "0." Ed's truck only held 5,000 gallons. Ed saw this error and seized on it, thinking immediately that he could collect from Judy enough money to pay his fine for being an admitted polluter. What does media law say about this? A. Ed is likely "libel-proof" on these facts. It's not likely that opinions of Ed would improve had the accurate number been reported initially. B. Judy must take down or revise the information immediately or face punitive damages. Sloppy reporting has consequences. C. Libel suits can't be based on typographical errors. D. Ed's pretty crafty and Judy should learn something: There's no excuse for publishing a false statement of fact. Her carelessness means she will pay.

D: Licensing

When the owner of a trademark allows someone else to use it, this is called:

D: All of the Above

Which is the follow is argued in favor of more legal controls on adult, indecent and/or sexually explicit material in the United States?

A. If left on their own, people would find truth and choose the best alternatives for themselves and society most of the time.

Which of the following appears from the historical record as being the Founders' rationale for the First Amendment? A. If left on their own, people would find truth and choose the best alternatives for themselves and society most of the time. B. Free expression guarantees a tranquil society. C. Free expression enables majority rule, which is always just and fair. D. Allowing people to make their own decisions was a guarantee they would always make the right choices for themselves and for society as a whole.

D: the marketplace

Which of the following has the most influences in regulating adult materials in the United States?

D: All of the above

Which of the following is NOT protected in copyright law?

D. All of the above.

Which of the following is a "best practices" suggestion by the Federal Trade Commission to entities that gather personal and private data? A. Assure accuracy. B. Limit retention. C. Protect the data. D. All of the above.

D. All of the above.

Which of the following is a "record" under the Mississippi Open Records Act? A. Written minutes of official meetings. B. Audio/video recorded while conducting public business. C. Emails and texts sent or received as part of conducting public business. D. All of the above.

D. All of the above.

Which of the following is a best practice for a journalist considering making an offer of anonymity to a source? A. Talk it over with editors, others, to see if there are alternatives. B. Have a reason to believe that the information to be obtained can be trusted. C. Make such offers rarely and conditionally. D. All of the above.

D: allowing infringement can sometimes lead to fame & fortune

Which of the following is a strange reality about copyright law?

A. Americans are more protective of their privacy when it comes to intrusion by government than any non-government intrusions.

Which of the following is a true statement? A. Americans are more protective of their privacy when it comes to intrusion by government than any non-government intrusions. B. Laws banning publication of the identity of victims of sex-related offenses are constitutional. C. Appropriations cases always involve improper use of photographs. D. All of the above.

A. Journalists are just as liable as anyone else if caught using fake names/identification.

Which of the following is a valid takeaway from the Food Lion case? A. Journalists are just as liable as anyone else if caught using fake names/identification. B. Journalists should never, under any circumstances, obtain information by stealth. C. Jurors tend to give the media a pass when the media is accused of wrongdoing. D. The First Amendment protects journalists in cases where they expose threats to public safety.

A. Autonomy, space and information.

Which three contexts have been identified for most legal issues related to privacy? A. Autonomy, space and information. B. Reasonable expectation, business use and news exception. C. The First Amendment, the Second Amendment and the Fourth Amendment. D. Private person, public official and celebrity.

D: A panel composed of citizens selected by the motion picture industry

Who assigns movie ratings?

C: because the constitution specifies "limited times"

Why do U.S patents and copyrights expire?

B. Because public officials/figures must prove actual malice, which is difficult.

Why is it so important to ascertain whether a plaintiff is a libel suit is a public official/figure or a private person? A. Because damages don't have to be proved when public figures/officials are the plaintiffs in a libel case. B. Because public officials/figures must prove actual malice, which is difficult. C. Because public officials/figures are entitled to both punitive and actual damages. D. Because public officials/figures are, under the First Amendment "libel proof."