COMS 455 Midterm

For the purposes of this class, which of the following counts as "ethics"?

A process of reflecting on how people ought to use their values, principles, and purposes to make wise decisions about what is right and wrong.

In the United States, which of the following categories of speech are never protected by the First Amendment? (To get full credit, you'll need to accurately pick all the things that are NOT protected by the First Amendment.)

All of them

The Freedom of Information Act facilitates access to records from which of the following? (Pick all that apply.)

All of them

The Telecommunications Act of 1996 was prompted by which of the following? (Pick all that apply.)

All of them

Under the First Amendment, prior restraint is only allowed in exceptional circumstances. When is prior restraint permitted? (Pick all that apply.)

All of them

When the constitutionality of a law is challenged, state and federal courts will commonly apply one of three levels of judicial scrutiny. Under strict scrutiny, (Pick all that apply. There may be more than one correct response.)

All of them

Which of the following statements accurately describes the "law"? (Choose all that apply. There may be more than one correct response.)

All of them

Why is Gitlow v. New York regarded as a landmark First Amendment decision?

Because the Supreme Court ruled that the First Amendment was binding on the states as well as on the federal government.

Why are wireless media more heavily regulated than print media?

Because wireless media benefit from the use of a public resource (the electromagnetic spectrum) and, as trustees of that resource, wireless media operators are obligated to operate in the public interest.

In which case did the Supreme Court declare that the petitioners were asking the Court "to grant newsmen a testimonial privilege that other citizens do not enjoy. This we decline to do"?

Branzburg v. Hayes

In this famous case, the Supreme Court determined that any limitation on independent political communications, including spending money on political advertisements, by corporations or by unions counted as a prior restraint and a violation of the First Amendment.

Citizens United v. Federal Elections Commission

Which kind of case usually involves the police?

Criminal

In New York Times v. United States, The Supreme Court held

Even if "top secret" documents were illegally leaked to the newspaper, the government still needed to satisfy a strict presumption against prior restraint that is demanded by the First Amendment

These are laws that are issued to fill in the details of legislation. For example if Congress passes a bill requiring action but doesn't provide sufficient information about the details required in the implementation of the legislation.

Executive Orders

Comparing the "Afghan War Diary" to the "Pentagon Papers," a federal court issued an order requiring that the content be removed from the WikiLeaks web site on national security grounds.

False

If a government employee leaks classified information to a journalist, the employee is protected from criminal prosecution by the First Amendment.

False

In Branzburg v. Hayes, the Supreme Court held that journalists can invoke a constitutional privilege to avoid identifying confidential sources.

False

In Red Lion Broadcasting v. FCC, the Supreme Court held that it is "the right of the broadcasters, not the right of the viewers and listeners which is paramount."

False

In his defense of freedom of speech, the legal scholar Alexander Meiklejohn refuses to distinguish between political and commercial expression. He argues that all speech is worthy of the same amount of constitutional protection.

False

In response to the Supreme Court decision in Branzburg v. Hayes, Congress passed a federal shield law protecting the confidentiality of sources.

False

Journalists have a legal right to ignore subpoenas that seek the names of their confidential sources

False

Most internet service providers and social networking sites are bound by the First Amendment to protect the free speech rights of all users.

False

The Commerce Department of the United States currently has supervisory powers over the Internet Corporation for Assigned Names and Numbers, and thereby is effectively the "manager" of the Internet.

False

The First Amendment protects anything we have to say, anywhere we want to say it.

False

The First Amendment states that "Congress shall make no law." Accordingly, the federal courts have struck down all laws that abridge the freedom of speech.

False

The Freedom of Information Act applies to all federal, state, and local governmental bodies.

False

The Identity Theft and Assumption Deterrence Act allows trademark owners to sue a person who has registered, trafficked in, or used a domain name that is identical or confusingly similar to the owner's trademark if that conduct was undertaken in bad faith.

False

UWhen making a FOIA request, the person making the request needs to identify the specific document that's being requested.

False

Under FOIA, I could ask the the Federal Communications Commission to answer any question that I have about any of their decisions or procedures.

False

Under FOIA, federal employees are required to maintain records of their personal notes, papers, and calendars, and, when requested, to make those records available for public inspection.

False

When making a FOIA request, the person making the request needs to explain why they seek the information.

False

When making an FOIA request, the person making the request needs to explain why they seek the information.

False

You work at a local bar as waitstaff. One day your boss fires you because you posted a controversial political statement on your Facebook page. If taken to court, your boss's action would likely be ruled an unconstitutional violation of the First Amendment.

False

Which of the following is the primary communications regulatory body at the federal level in the United States?

Federal Communications Commission

Which student is most likely to prevail on his or her First Amendment claim?

Its not Dana wants to challenge a school policy that prohibits her from wearing a T-shirt that advocates illegal drug use.

This is a doctrine that a law may be struck down as unconstitutional if that law has the potential to regulate more speech or expression than is actually needed to accomplish its intended purpose.

Its not Law of Equity

Which of the following organizations provides centralized technical oversight and management to the Internet?

Its not The International Bureau

Which famous First Amendment theorist authored the following passage? "Sunlight is the most powerful of all disinfectants. ... it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path to safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones."

Its not Thomas I. Emerson

In which case does the following passage appear? " In light of these factors, this Court concludes that publication of the technical information on the hydrogen bomb contained in the article is analogous to publication of troop movements or locations in time of war and falls within the extremely narrow exception to the rule against prior restraint."

Its not United States v. Washington Post

In Miami Herald v. Tornillo, the Supreme Court

Its not held that the fairness doctrine was an unconstitutional infringement on a newspaper owner's freedom of expression

This founding father played a major role in the Constitutional Contention in Philadelphia in 1787. He was a key figure in defending freedom of religion, freedom of speech, and freedom of the press. And most importantly for our purposes, he was the major person responsible for drafting the First Amendment.

James Madison

What is the name of the landmark case in which the Supreme Court asserted the power "judicial review"? (That is, the Supreme Court has the power to review the actions of the executive or deliberative branches of government--and when necessary to declare their actions unconstitutional.)

Marbury v. Madison

Which of the following statements best summarizes the Supreme Court's decision in Barnicki v. Vopper?

So long as the information concerns an issue of public importance, and so long as the journalist did not actually participate in the illegal interception of the information, the First Amendment protects journalists even when they broadcast information that was originally obtained through an illegal wiretap.

This law, which was originally passed in 1966, opens records produced by the executive branch of the federal government to public inspections.

The Freedom of Information Act

This law gives the United States ownership and control of presidential and vice-presidential records and requires the president to take the necessary steps to assure that his activities, deliberations, and decisions are documented and maintained as Presidential records.

The Presidential Records Act

A public university expels students who belong to a controversial political organization. If taken to court, the university's action would likely be ruled to be an unconstitutional violation of the First Amendment.

True

Because they are subscription-based media, cable and satellite media are generally free from content regulation by the government, but they are subject to some content regulations.

True

Cases such as Branzburg v. Hayes hold that the First Amendment protects news gathering, but the courts have consistently held that police are not obligated to allow reporters into restricted areas.

True

For many decades, the Supreme Court has been consistent in its rulings that parks, street corners, sidewalks, and similar public places must be open for purposes of communication. Although use of these areas may be regulated in a non-discriminatory manner, any regulation of speech in open public forums are subject to the highest level of judicial scrutiny, "strict scrutiny."

True

Government documents that must be kept secret in the interest of foreign policy or national defense are exempt from disclosure under the Freedom of Information Act.

True

In civil law, the plaintiff initiates the case by bringing suit against the defendant.

True

Investigatory records of law enforcement are exempt from disclosure under the Freedom of Information Act.

True

Most internet service providers and social networking sites are privately owned. As such, they are not bound by the First Amendment to protect the speech of users.

True

Near v. Minnesota held a Minnesota gag law was an unconstitutional prior restraint on the right of free speech.

True

Originally, the Supreme Court interpreted the First Amendment to apply only to the federal government. It wasn't until 1925 that the right of speech was guaranteed at the level of state governments.

True

Personnel and medical files are exempt from disclosure under the Freedom of Information Act.

True

The FCC has regulatory authority over both landline telephones and commercial mobile telephones.

True

The Streisand Effect refers to the likelihood that efforts to censor information will actually have the undesired consequence of drawing greater attention to the information.

True

The Supreme Court has determined that the First Amendment protects media disclosure of illegally intercepted information.

True

To ensure that the FCC would remain relatively non-partisan, it was designed so that the president would be allowed to appoint no more than three commissioners from the same party.

True

Today, the First Amendment protects us against government use of prior restraint, but it also protects us from government attempts to punish us for controversial speech after publication.

True

Trade secrets are exempt from disclosure under the Freedom of Information Act.

True

Under the US Constitution, police power (the power to legislate to protect the health, safety, and welfare of citizens) is reserved for the states or for the people. The federal government can only claim police powers when the harmful conduct crosses state or national borders.

True

Using the law of equity, a judge can issue a restraining order or an injunction to prevent an individual from acting before any harm can occur.

True

Which of the following cases upheld the constitutionality of the "must carry" rules?

Turner Broadcasting v. Federal Communications Commission

Who said this? "The liberty of the press is indeed essential to the nature of a free state; but this consists in laying no previous restraints upon publication, and not in freedom from censure for criminal matter when published."

William Blackstone

What is common law? W

not Law passed by a legislative body

O'Grady v. Superior Court of Santa Clara County is noteworthy because the court ruled that journalist's privilege

should apply not only to traditional journalists of print and broadcast media but also to internet bloggers, website publishers, and anyone who uses the Internet to distribute information about current events to mass audiences

Shield laws are laws that allow journalists to protect confidential sources or confidential information from disclosure to the courts, grand juries, or other investigative bodies. Currently,

the majority of states have shield laws, but there is no shield law at the federal level