LAW 406 Final Media Law
Which of the following statements about commercial speech is false?
According to the Supreme Court, commercial speech enjoys the same degree of First Amendment protection as political speech.
Copyright protection is determined by the laws of the individual states.
False
A legally qualified candidate for purposes of 47 U.S.C.§315, as interpreted by 47 C.F.R.§73.1940, is someone who meets all but which of the following criteria?
Filed a conflict-of-interest form with the Federal Election Commission.
Burpsi-Cola, a soft drink manufacturing enterprise with a nationwide distributorship, submitted an application seeking to trademark its current advertising slogan: "Refreshing!" Is Burpsi-Cola likely to be successful in trademarking its slogan?
No, because "Refreshing!" is a generic descriptive phrase that is not distinctively associated with Burpsi-Cola's product.
The person who initiates a civil lawsuit is called the __________
Plantiff
Our American legal system protects the freedom to criticize the government.
True
J.S. Bach's Brandenburg Concerti, G.F. Handel's Messiah, L. Beethoven's Fifth Symphony, and W.A. Mozart's Marriage of Figaro are all examples of creative works that are __________.
not currently protected by copyright and thus in the public domain
In the American legal system, whenever a conflict exists between federal law and state law, the federal law will prevail.
true
The Supreme Court recently held that a 24-hour ban on broadcasting indecent speech is a constitutional limitation on speech.
False
A word that means roughly the same thing as "pedagogical" is "patriotic."
False
Bob sued his next-door neighbor, Carolyn, claiming that her dog dug up his prize rosebushes. If a jury finds that Carolyn is legally responsible for the loss of Bob's rosebushes as a result of failing to control her dog, she is said to be "guilty."
False
The Sylva Herald introduced a new "Celebrity Watch" feature to the weekly newspaper, in which the antics of Hollywood actors and actresses were reported. Last week's issue carried a report that actress Lindsay Lohan was wasted on Jello shots when she left a party and crashed her car into a telephone pole. There was photographic and eyewitness evidence that many partygoers were consuming Jello shots. The truth, however, is that Ms. Lohan had not consumed a single Jello shot that evening but had instead consumed two pitchers of Long Island Iced Tea, a beverage with a high alcohol content. Ms. Lohan was therefore wasted on Long Island Iced Tea instead of wasted on Jello shots. The paper was correct, however, about Ms. Lohan crashing her car into a telephone pole after she left the party. Because the Sylva Herald article contained a false statement of fact about the Jello shots, indicating negligent fact-checking, Ms. Lohan could successfully sue the newspaper for defamation.
False
The United States Supreme Court upheld a congressional ban on the use of "virtual" children to make child pornography because even child pornography that uses "virtual" instead of actual children might arouse a pedophile to act on his urges.
False
The mayor of Atlanta, Georgia, is running for re-election this year. A couple of weeks ago a tornado blew through downtown Atlanta causing much destruction. Newscasts depicted the mayor being interviewed about emergency efforts taking place and also asking residents to observe safety precautions in the aftermath of the storm. Because the mayor's image and voice appeared over the airwaves, his opponents in the mayoral race are entitled to an equal opportunity for airtime pursuant to 47 U.S.C.§315 and 47 C.F.R.§73.1941.
False
There is a national standard for determining obscenity under which material is measured in degrees of nastiness.
False
To promote respectful and civil debate on mattes of public concern, North Carolina may, consistent with the First Amendment, forbid the public utterance of the F-word, the sh-word, and any variation of those words.
False
Under current Supreme Court precedent, employers may not view employee emails if they are stored in a folder labeled "Personal and Confidential."
False
When selling airtime to political candidates, broadcasters may invoke 47 U.S.C. §315(a) to require candidates to submit their proposed advertisements to the station for their approval.
False
Which of the following privacy torts has not been recognized in North Carolina? (Check all that apply - there may be more than one.)
False light
In the context of broadcast hoaxes, the Federal Communications Commission has adopted the following interpretation of "public harm:"
For purposes of this rule 47 C.F.R.§73.1217), "public harm" must begin immediately, and cause direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties.
Which of the following facts would not be considered in deciding whether or not to grant Jim Bob Jones the initial license for his proposed radio station, KBOB?
Jim Bob was a classmate of the Assistant Chief of Staff of the Mass Media Bureau of the FCC.
When all the commission seats are filled, there are __________ commissioners on the Federal Communications Commission.
five
When a person engages in conduct that is intended to convey a message and observers are likely to perceive that message, such conduct is referred to as __________, and is generally protected by the First Amendment.
symbolic speech
One theory in support of freedom of speech analogizes expression to goods and services, and urges that all expression should be allowed so that society may choose for itself what it considers "truth." This concept is often referred to as __________.
the marketplace of ideas
Private figures who have been the subject of defamatory statements are entitled to greater protection than are public persons because __________.
they have less access than public persons to channels of communication in which they may rebut the defamatory statements they have not assumed the risk of being publicly disparaged the way that public persons have
In order for a creative work to be protected by copyright, it must __
All of the above
Kayla took her curly haired one-year-old son to audition for a diaper advertising campaign. All of the auditioning toddlers were photographed and their parents were told that they would be notified by the company if their child was chosen to appear in advertisements. No one signed any releases or consent forms. Kayla heard nothing further from the diaper company, but a year later she was walking down the diaper aisle of her local grocery store and saw her son's picture on a diaper box. For which of the following could Kayla sue? Assume that you are in a jurisdiction that recognizes each of the privacy torts.
Appropriation of name or likeness - right to privacy
Robert Burck, a/k/a the Naked Cowboy of Times Square, earns his living as a street performer in New York. He plays his guitar while wearing only a cowboy hat, boots, and underwear. He often positions his guitar so that it looks as if he is naked. Mars Inc., maker of M&M candy, began running an advertisement video in Times Square featuring a blue peanut M&M wearing a cowboy hat, boots, and underwear and holding a guitar. Although imitation may be the sincerest form of flattery, Burck has not consented to the imitation and resents the fact that the already wealthy candy corporation is profiting from his creativity. While there are several other legal theories available to Burck, which of the following privacy claims holds the most potential for him? Assume you are in a jurisdiction that recognizes each of the privacy torts.
Appropriation of name or likeness - right to publicity
The agreement designed to provide international protection to intellectual property rights, which the United States had to amend some of its copyright laws to join, is known as the __________.
Berne Convention
The novel "Primary Colors" is about a southern governor with an assertive wife. The southern governor has presidential ambitions, but is haunted throughout his presidential campaign by allegations of marital infidelity. Former President Bill Clinton sues for defamation. Which of the following statements is true?
Bill would have to establish that the book is "of and concerning" him in order to succeed in his lawsuit.
ITT Continental Baking Company advertised its Profile Bread as containing "fewer calories per slice" than other brands of bread. The FTC determined that this advertisement was deceptive and misleading because the company failed to inform consumers that Profile Bread was sliced thinner than other brands, and had only seven fewer calories per slice than other brands. Accordingly, the FTC ordered ITT Continental Baking Company to spend a portion of its annual advertising budget for one year informing consumers that there was only a seven-calorie-per-slice difference between Profile Bread and other brands of bread, and that this difference would not cause significant weight loss. This is an example of what type of remedy for deceptive or misleading advertising?
Corrective advertising
Which of the following federal agencies is the primary agency responsible for preventing unfair methods of competition by, among other things, regulating advertising practices?
FTC
47 U.S.C. §399 forbids WWCU FM 90.5, a noncommercial station, from broadcasting an editorial segment supporting a local sales tax to improve education.
False
A plurality opinion is a unanimous decision where all members of the Court are in complete agreement.
False
An impartial juror is one who has no knowledge about the case.
False
One of the most effective and highly favored ways for a judge to ensure that a criminal defendant gets a fair trial is to issue a blanket restrictive order forbidding the press from reporting on anything that happens in court.
False
Patent protection is designed to encourage creation of original artistic or literary works.
False
Home & Family magazine touts itself as a family-oriented magazine that seeks to promote traditional family values, and refuses to carry advertising for alcoholic beverages or tobacco products. If an alcohol or tobacco product retailer wanted to challenge Home & Family's advertising policy in court, who would likely win?
Home & Family would likely win because it has a First Amendment right to refuse to carry commercial speech of which it does not approve.
__________ is the authority of a court to address a legal dispute.
Jurisdiction
Which of the following indicates that an item has been registered as a trademark?
Kleenex®
Suppose, before the 2016 presidential elections, the League of Women Voters wants to sponsor a three-way debate among the leading 2016 presidential hopefuls Donald Trump (R), Ted Cruz (R), and Hillary Clinton (D). (This IS a hypothetical!) If Clinton declines the invitation to the debate, would a debate between Trump and Huckabee trigger the equal opportunity requirement of 47 U.S.C.§315 and entitle Clinton to equal air time?
No, because the debate would be considered a bona fide news event, and Clinton's refusal to participate would not entitle her to special solo coverage.
A judge who has decided to close a hearing or document must do each of the following except __________.
Obtain a waiver from the party who was not seeking closure.
Jim is a jewelry retailer. He purchases his inventory wholesale and prices it at twice the average retail price. He then "reduces" the prices to a normal level and advertises a sale of fine jewelry "at discounts of up to 50%." This is an example of what kind of deceptive or misleading advertising practice?
Price deception
Which of the following responses is not used by the FCC when a broadcaster violates a rule or statute?
Public apology broadcast.
During an assassination attempt on President Ford in San Francisco, Oliver knocked the arm of the assailant as she attempted to fire a second shot. Oliver then became the object of extensive media attention, which included stories that correctly identified him as homosexual. These stories were based in part on his patronage of gay bars in the community. Assuming he is in a jurisdiction that recognizes each of the privacy torts, the one which would most likely be applicable to his situation (whether or not he would succeed) is __________.
Publication of private facts
What damages may be awarded when a copyright is infringed upon?
Statutory damages Actual damages and profits
Christopher worked as a creative writing professor at a private University. During the course of his employment, Christopher developed a textbook for teaching basic writing skills. The University published the book, which became an instant success in colleges and universities across the nation. The book earned over $1.5 million in revenue during its first year of publication alone. Unfortunately, Christopher died five years after the book was published, leaving behind a widow and two young children. His will left his entire estate to his wife. Who now owns the copyright in Christopher's book?
The University owns the copyright because the book was a work for hire.
In a review of plaintiff's restaurant, defendant newspaper columnist described his entree as "Duck a la' Strange" and referred to it as "death on a platter." Which of the following statements is true?
The columnist's statements would likely be protected as opinion by either the First Amendment or Fair Comment and Criticism.
The Miller definition of obscenity includes all but which of the following?
The material depicts significant violence.
A copyright notice should include all but which of the following elements?
The price of the work
When faced with a challenge to a school official's decision to punish a student for his speech, the United States Supreme Court will likely uphold the school official's decision if the school can establish which of the following?
The student's speech materially and substantially disrupted the educational process.
"Publication" of a defamatory statement need not be formal or widespread - it need only be shared in some manner with at least one third party.
True
Carolyn purchased a Conway Twitty CD at Wal-Mart. Under the "first sale" doctrine, Carolyn can sell the CD to Courtney at a yard sale next Saturday without having to account to Conway Twitty for the selling price.
True
Copyright exists automatically once a work is created, regardless of whether it is registered with the federal copyright office.
True
Copyright protection is triggered when an original work is "fixed in any tangible medium of expression."
True
Deceptive or misleading advertising is that which contains a material misrepresentation that is likely to mislead consumers who are acting reasonably under the circumstances.
True
During the pre-trial stage of litigation, the parties might negotiate a settlement in a civil case or a plea deal in a criminal case, thus avoiding the need to go to trial
True
Once a legislative branch has enacted a general law, it is permissible for that legislative body to delegate rule-making authority to administrative agencies that have expertise in the area addressed by that general law.
True
Professor Smith is teaching a sociology course. He wants to use an article from a 1990 Time magazine edition, have the students read it, and then have a class discussion about how issues presented in that article have evolved over the past 25 years. Professor Smith, in all likelihood, would be safe in making copies of the 1990 article and distributing them to his students for classroom use under the Fair Use doctrine of 17 U.S.C. § 107
True
Programming which is otherwise considered indecent may be broadcast between the hours of 10 p.m. and 6 a.m. under current FCC rules.
True
Suppose Anderson Cooper were to deliver a five minute commentary on national television in which he stated that Sean Hannity routinely has sex with underage children and supplies these children with vast amounts of cocaine, but he had no foundation whatsoever for his assertions. Hannity could sue Cooper for defamation using the "actual malice" standard of New York Times v. Sullivan.
True
The FCC currently defines "indecency" as "language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs."
True
The First Amendment protects your right to be politically incorrect if you so choose.
True
To the extent that individuals have privacy rights, those rights have primarily been fashioned either by legislatures or by courts because there is no federal constitutional right to privacy.
True
Under federal trademark law, a trademark is protected for 10 years, but it may be renewed.
True
Under the Digital Millennium Copyright Act of 1998, it is unlawful to disable or otherwise circumvent anti-copying measures on digital media.
True
When Arnold Schwarzenegger was campaigning for governor of California, broadcast stations were reluctant to run his movies because to do so would trigger the equal opportunity requirement of 47 U.S.C.§315, as interpreted by the FCC in 47 C.F.R.§73.1941(b).
True
The protection that shields a member of a legislative body from being sued for defamation over comments made during a legislative debate is an example of the __________.
absolute privilege
If a golf equipment manufacturer used actual footage of Tiger Woods engaged in competition to create the appearance that Tiger endorsed the manufacturer's product when in fact he does not, Tiger's best claim against the manufacturer would be for __________. Assume that you are in a jurisdiction that recognizes each of the privacy torts.
appropriation of name or likeness - right to publicity
The FCC grants broadcast licenses primarily through what process?
auction/competitive bidding
A court case in which there is no jury, but only a judge to make findings of fact, is called a(n) __________.
bench trial
The Harry Potter movies are __________ that are based upon the original book series created by J.K. Rowling.
derivative works
In the federal court system, there are __________ intermediate appellate court circuits.
thirteen
Obscenity includes any material that depicts sexual activity.
False
One guaranteed method of avoiding defamation lawsuits is to insert the words "I think" or "In my opinion" into any statement that might otherwise be defamatory.
False
The "rule of four" refers to a tiebreaker in a Supreme Court case whereby the votes of the four most senior justices determine the outcome of a case.
False
The Anne Geddes photograph below is an example of illegal child pornography because it depicts an actual naked baby.
False
In the context of broadcasting, "PICON" refers to "prohibited indecent communications or nuisance."
False
Under 47 U.S.C.§399, WWCU FM 90.5, a noncommercial station, is entitled to broadcast an editorial segment endorsing Senator Elizabeth Warren for President.
False
Under current FCC regulations, broadcasters must broadcast one hour of children's programming for every hour of indecent programming that is carried.
False
Which of the following arguments does not support public and press access to the courts?
Access to the courts provides a broader pool of witnesses.
When a legal wrong is committed, the government and the victim of that wrong must confer to determine who is entitled to initiate a lawsuit, since a single act cannot give rise to both a criminal action and a civil action.
False
In ruling that zoning is a constitutional way to regulate sexually oriented businesses, courts have noted that governments may use zoning to address all but which of the following concerns over such businesses?
Moral disapproval of sexually oriented businesses.
Which of the following is least likely to be considered a "likeness" for purposes of appropriation of name or likeness?
Wardrobe selections typical of what a well-known person often wears.
Ruby said to Nadine, "Bubba told me that Jim-Bob is a thief." It is true that Bubba said this to Ruby, but Jim-Bob is not a thief. The state in which they live does not recognize the privilege of neutral reportage. Which of the following individuals could be liable for defamation?
Both Ruby and Bubba.
In which of the following situations will consent of an individual most likely protect the person who uses the likeness of another from a claim of appropriation?
Consent is given by a celebrity to use his voice in a commercial advertisement, and that is how it is used.
By obtaining, printing, and distributing pictures of nude or partially nude women in sexually suggestive poses, the publishers of Playboy, Penthouse, and Hustler magazines risk criminal prosecution for obscenity.
False
Due to complaints from merchants about littering, the City of Sylva passed an ordinance forbidding individuals or groups from handing out leaflets along the sidewalks of downtown Sylva. If this ordinance is challenged on First Amendment grounds, a court will most likely apply rational basis review and uphold the ordinance because it is rationally related to the legitimate governmental interest of keeping the streets and sidewalks clean.
False
The Sixth Amendment to the Constitution provides in part that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed." Because of this language, a judge cannot change the physical location of a trial because it must take place in the community where the crime was committed.
False
The United States Supreme Court has stated that the rules that apply to speech carried over the public airwaves must be the same as the rules that apply to speech that is carried in print media, such as newspapers, because there is no significant difference between the two.
False
State University's public campus features as its most prominent landmark a clock tower at the center of campus. Pastor Phil appears at this clock tower every Thursday from 11:00 a.m. until 1:00 p.m. During that time he exhorts passers-by to repent of their sins and turn to God. One day, his sin topic was adultery. Ashley, a student who was passing by, took offense at Pastor Phil's preaching because she is currently sleeping with a married professor. Ashley went postal on Pastor Phil, hurling her books at him and spraying him down with mace. Because a number of students had complained to the university administration that they did not like Pastor Phil or his preaching, State University officials pressed charges against him for disturbing the peace through the use of fighting words. Is Pastor Phil likely to be convicted of disturbing the peace through the use of fighting words?
No, because there is no indication that Pastor Phil directed his speech to Ashley in a way that was calculated to provoke an immediate violent reaction from her.
At a recent County Council meeting, members adopted a resolution condemning abortion as contrary to the community's history of respecting and valuing human life. Later during that same meeting, members voted to amend county policy on the use of the county park to forbid its use by any individual, group, or organization wishing to advocate in favor of freedom of choice for abortion. Would County Council's amended policy on the use of the park be constitutional?
Probably no, because the amended policy is a discriminatory viewpoint- and content-based restriction on speech.
________ consists of obviously exaggerated statements used to convey emotion or depth of opinion; "lusty, imaginative expression."
Rhetorical hyperbole
What is a libel-proof plaintiff?
Someone whose reputation is already so bad that it could not be made any worse by a false statement.
According to 47 C.F.R.§73.671(e), how many hours per week of core programming must broadcasters average in order to satisfy their children's programming obligation?
Three hours per week, averaged over a six month period.
Because the judge has direct authority over the parties to the litigation, their attorneys, court personnel, and witnesses, s/he has more leeway to impose restrictive orders on these trial participants than over the press.
True
In order to promote consistency and predictability in resolving legal disputes, American courts rely on __________ to apply the same reasoning and legal doctrines from prior cases to determine the outcome of a similar current case.
precedent
__________, and its English equivalent, __________, refer to the practice of following legal rules and doctrines developed in previous cases whenever a similar situation arises. This concept, often referred to as precedent, gives a certain amount of consistency and predictability to the law.
stare decisis; "let the decision stand"
Professor Jane White spent an extraordinary amount of time and effort on a presentation addressing the subject of debt collection, which she presented at a continuing legal education seminar. If she wants to protect her creative efforts, which of the following would give notice of her copyright?
All of the above
A copyright holder whose copyright has been infringed can seek all but which of the following?
An order requiring that the real property of the infringing party be forfeited to the copyright holder.
Which of the following privacy rights is most likely to survive the death of the individual?
Appropriation of name or likeness - right of publicity
The Enron scandal represents one of the largest bankruptcies in corporate history, costing employees and investors billions of dollars. Key Enron executives went on trial in Houston, Texas, for violations of federal criminal law. The trial judge was concerned about the extensive media coverage and the number of people in the Houston area who had been affected by the alleged perpetrators of the fraud. Which of the following was not an option to ensure that the defendants received a fair trial?
Ban all media from covering the trial and preliminary procedures so that the jurors would not be influenced by what they saw, read, or heard on the news.
In determining whether or not there has been an intrusion into seclusion, which of the following factors is the most important?
Did the individual claiming intrusion have a reasonable expectation of privacy?
To assist courts in distinguishing opinion from fact, the Ollman test focuses on several factors. Which of the following is not a factor of the Ollman test?
Did the statement involve a matter of public interest and concern?
In an effort to curb excessive alcohol consumption, Rhode Island passed a law forbidding the advertising of prices for alcoholic beverages in any form of media. The state reasoned that if alcoholic beverage retailers advertised prices, this would lead to price wars, which in turn would lead to cheaper alcoholic beverages, which in turn would lead to increased alcohol consumption, which in turn would result in excessive alcohol consumption. If this reasoning were to be rejected by a court applying the Central Hudson doctrine, which element would Rhode Island probably have the most difficulty satisfying?
Does the regulation directly advance the government's substantial interest?
Because commercial speech seeks only to encourage a transaction that will profit the speaker, commercial speech does not enjoy any First Amendment protection.
False
Carolyn bought a Conway Twitty CD at Wal-Mart. Under the "first sale" doctrine, Carolyn can make copies of the CD and sell them cheap to the Fourth Period Conway Twitty Fan Club at her high school without having to account to Conway Twitty for the selling price.
False
Obscenity has always been protected by the First Amendment.
False
Mr. Boyle teaches journalism at the local high school. To illustrate "what not to do" as a reporter interviewing someone for a story, Boyle showed his class an excerpt from one of the Harry Potter movies. The excerpt showed Rita Skeeter interviewing Harry Potter and using her Quick-Quotes-Quill to distort Harry's responses. The movie producers learned of this and initiated a copyright infringement lawsuit seeking damages, an injunction against future showings of the excerpt in class, the destruction of Mr. Boyle's Harry Potter DVD, and attorney fees and costs. What should Mr. Boyle assert in defense?
Mr. Boyle should argue that showing the movie excerpt in his journalism class is a "fair use" for legitimate educational purposes.
If William Shakespeare were alive today and the copyright in his play Romeo and Juliet was still in effect, could he sue the screenplay creators of the James Cameron movie Titanic for copyright infringement based on the love story subplot in the movie?
No, because copyright would not protect the idea of star-crossed lovers but instead would protect only an original expression of that idea.
To justify a content-neutral time, place, and manner restriction on speech, all but which of the following elements must be present?
The restriction must support the most cost-effective use of government resources.
Government regulation of commercial speech is permissible if there is a "reasonable fit" between the regulation and the substantial governmental interest it seeks to serve.
True
One reason for giving constitutional protection to commercial speech is to increase the flow of consumer information.
True
Originality is a threshold requirement for copyright protection.
True
EZPorn publishes an adult magazine, Deviates Monthly, containing a variety of sexually explicit photographs, short stories, advice, and how-to articles. At the back of each issue are advertisements. One advertiser, Pedo-feel-ya, caters to the kiddie porn crowd. In the most recent issue of Deviates Monthly, Pedo-feel-ya placed an advertisement promoting its website in which subscribers exchange sex videos of preteens. In the advertisement, Pedo-feel-ya stated that its subscribers are looking for "the real deal," and that only videos showing actual preteens engaged in "child-love" would be permitted on the website. Pedo-feel-ya encouraged readers to visit the website, sign up, and "begin enjoying beautiful, uninhibited, and best of all, REAL child-love." Can the government forbid such an advertisement?
Yes, because commercial speech that proposes an illegal activity has no First Amendment protection.
Forrest Gump was offered $25,000 to appear in a commercial promoting "Gump-Mao" ping-pong paddles. In truth, Gump never used the paddles in competition, but he nevertheless followed the script and said "When I was in China on the All-American Ping-Pong team, I just loved playing Ping-Pong with my Flex-O-Lite Ping-Pong paddle." If a consumer or competitor of the Flex-O-Lite paddle maker complained to the FTC about the commercial, the FTC would probably find that the commercial is a misleading __________.
testimonial
Locate 47 C.F.R.§1.80 and scroll down past the tables to Section 2 - Adjustment Criteria. Factors that might justify an upward adjustment in the base forfeiture for a particular violation include all but which of the following?
Lack of internal compliance auditing system
A reporter received information that a married U.S. Senator who is running for President is staying at a condominium with a woman, Ms. Spice, who is not his wife. Which of the following investigative methods would most likely be an improper means of gathering evidence of the Senator's alleged infidelity?
Posing as a Secret Service security supervisor in order to gain access to the inside of the unit for the purpose of surreptitiously photographing the couple.
During a live performance, actor and comedian Tracy Morgan quipped that if his son were to tell Morgan that he was gay, Morgan would "stab him to death." Suppose an audience member, Bubba, had been upset for several weeks because his own son had just revealed that he was gay. Suppose that, upon hearing Morgan's comment, Bubba decided that Morgan had a good solution for what to do about gay children. Finally, suppose Bubba went home after the show and stabbed his own son to death. Could Tracy Morgan be held legally responsible for the death of Bubba's son?
Probably no, because Morgan was not inciting Bubba or anyone else to kill homosexuals.
A popular website among locals chronicles the social scene of students, faculty, and staff at Western Carolina University. One posting read, "WCU's Chancellor was observed entering the house at 123 North South Street in Sylva after business hours last Tuesday. He was there for over two hours!" The house at 123 North South Street is widely known in the community as a mixed use building: it is both a crack house and a house of prostitution. If the statement that the Chancellor entered the house and stayed for two hours is a deliberate falsehood, could he successfully sue for defamation?
Probably yes, assuming that he can show how the blog statement, which is not defamatory on its face, becomes defamatory when one understands the nature of the activities at 123 North South Street.
David has been embezzling money from a business run by him and his partner, and he is afraid that the partner is on the verge of discovering the theft. Because David does not want his misdeeds to be discovered, he set up a meeting with Mr. X, a man known to have a lengthy and violent criminal background. David offered the man $50,000 to kill the partner, and promised to double that amount if Mr. X could accomplish the hit immediately. The partner was working late alone at the office that night, and David and Mr. X were parked across the street. Can David be punished for his speech to Mr. X (assuming he gets caught)?
Probably yes, because David is inciting someone to engage in immediate unlawful conduct and is likely to be successful.
Drew is president of the Young Democrats club at his public high school, and he hates President Trump. Drew purchased a Trump T-shirt with a picture of the President and "President Trump" printed beneath it. Drew added devil horns on the President's head and a stick-figure body holding a pitchfork in one hand. He then added the F-word before the printed "President Trump" so that the message now reads "F- President Trump." He wore this shirt to school the next day, and it immediately became the talk of the school. Large numbers of students followed Drew down the hallway, some supporting his message and others challenging his message. Some students were more focused on the F-word than on the rest of Drew's message. Some of those students began to mimic Drew's word choice by saying "F- this" or "F- that" at every opportunity, while others were incredulous that someone would wear clothing containing such a word in public. Some students refused to go to their classes, instead engaging in shouting matches with one another in the hallway. Teachers had tremendous difficulty getting students to their proper classrooms and conducting lessons. A large number of teachers reported that they lost the entire class period because the students were so distracted by Drew's T-shirt and the heated emotions it caused. Just before second period, the principal called Drew to the office and asked him to either change shirts or, if he did not have an extra shirt with him, to turn his modified Trump T-shirt inside-out so that the message would not be visible. Drew refused to comply with the principal's instructions, so the principal suspended him. Will the principal's actions be upheld if Drew challenges his suspension?
Probably yes, because Drew's First Amendment rights in the school setting are not so extensive as to allow him to disrupt the educational process through inflammatory and profane expression.
_______ are a judicial remedy designed to punish and deter misconduct.
Punitive damages
In a highly publicized scandal, Marion Berry, former mayor of Washington, D.C., was indicted for possession of cocaine. He was concerned that he would not be able to get a fair trial because of all of the media attention surrounding his indictment. Which of the following remedies for this problem is least likely to be granted by the judge?
Restrictive orders on journalists covering the case.
The Unity club at State University, a state-supported public university, offers education and support for the campus community on matters of homophobia and heterosexism. The club meets on a regular basis in a room at the Student Center that is available to all student groups on equal terms. Before the meetings, a group of anti-gay protesters crowds all entrances to the Student Center. As the Unity members approach, the protesters aggressively surround them and shout anti-gay slogans and wave anti-gay posters as the club members seek to enter the Student Center. Although there have been no threats made by either side and no physical altercations, some Unity members have been dissuaded from attending meetings because they do not want to run the gauntlet of taunting anti-gay protesters. Non-Unity members who have attempted to enter the Student Center for other purposes have also reported feeling uncomfortable and intimidated by the protesters who surround the entrance to the building. State University officials are concerned that the protesters are preventing Unity members from being able to exercise their First Amendment rights to express as well as receive ideas and information. Those officials are also aware that the protesters themselves have a First Amendment right to protest. What could State University do to protect the First Amendment rights of both the Unity members and the protesters?
State University should implement reasonable time, place, and manner restrictions, such as buffer zones around building entrances, so that all members of the campus community may come and go without being harassed or obstructed by any person or group.
The Jackson County Pro-Life Foundation held a rally at the park one Saturday afternoon. The featured speaker spoke at length about the evils of abortion. He urged parents to take whatever measures are necessary to prevent their daughters from being caught up in an unplanned pregnancy. He said he would like to see North Carolina pass a law requiring mandatory sterilization of any woman who has had more than one abortion. He expressed his belief that medical professionals who assist in performing abortions are murderers who deserve to be executed. Jackson County has an ordinance forbidding speech that "suggests or endorses violent or unlawful acts." Following the anti-abortion rally, the speaker was arrested and convicted of violating this ordinance. If the speaker challenges his conviction on First Amendment grounds, what will likely happen?
The conviction will probably be reversed because the First Amendment protects the speaker's right to teach or advocate the need for unlawful action as long as he does not intend to incite, with a likelihood of success, anyone to immediately engage in such activity.
Before a judge issues a restrictive order addressed to members of the press, s/he must consider whether certain conditions are present that justify the restrictive order. Those conditions that must be present include each of the following except _______
The restrictive order must reflect the most cost-effective measures for the court and all parties involved.
Roscoe was arrested last Saturday night and charged with criminal domestic violence against his wife. The police incident report contained a statement by Roscoe's wife describing the incident. In part, the statement said, "Roscoe got real mad. He went to the garage and came back with a can of gasoline, sloshed it all over me, and tried to set me on fire." A news reporter for the Sylva Herald was reviewing the police records for the weekly "crime blotter" feature of the newspaper. In the write-up about the charges against Roscoe, the reporter wrote that "the subject is accused of dousing his wife with gasoline and trying to set her on fire." Roscoe became upset when he read the newspaper article because he had told the police that he did not slosh gasoline all over his wife but that instead it was kerosene. He wants to sue his wife and the newspaper reporter for defamation because they made false statements of fact. What is the likely outcome of such a lawsuit?
The wife and newspaper reporter will probably win because the wife's statement was substantially true and, since the newspaper reporter fairly and accurately reported information that was contained in an official record, he can assert a qualified privilege.
A reporter for the Sylva Herald newspaper was covering a particularly high profile criminal trial in Jackson County. In an article about the trial, he accurately reported that a witness, Bubba, testified in court that Sam, the accused, is a known drug dealer. However, the truth is that Sam has never dealt drugs and no one in the community, besides Bubba, has ever linked Sam to drugs. Bubba had lied on the witness stand. If Sam sues the reporter for defamation as a result of the newspaper article, the qualified privilege would likely protect the reporter from being held liable.
True
Educators may prohibit student speech if that speech threatens to create "a material and substantial" disruption of the educational process.
True
If a hearing or document is presumptively open, a party seeking closure of that hearing or document must convince the court that there is a substantial probability that an overriding interest will be harmed if it remains open.
True
If the mayor puts her garbage container on the public curb for weekly trash pickup, there is no reasonable expectation of privacy as to its contents because she knows, or should know, that anyone passing by can access those contents.
True
In a defamation case, the defendant may escape liability if s/he can convince a fact-finder that the statement is true.
True
The producer of a movie depicting the effects of a childhood rape wants to include a rape scene. If, instead of using an actual child in the rape scene, the producer combines the use of a petite adult actor dressed as a child with strategic camera angles in filming the scene, the producer should not be charged with violating anti-child pornography laws.
True
Under 47 C.F.R. §73.503(d) (radio) and §73.621(e) (television), noncommercial broadcasters may acknowledge the source of contributions so long as they do not interrupt regular programming to do so.
True
Under current statutes and regulations governing broadcast licensees, there is a presumption that a broadcasting license will be renewed unless the licensee has failed to serve the public interest, convenience, or necessity, has committed a serious violation of federal law or FCC regulations, or has repeatedly violated federal law or FCC regulations.
True
