Final Exam for Communication Law

In deciding whether the use of stealth is justified, the Society of Professional Journalists advises:

All of the above.

What is the core rationale for citizen access to government meetings and information? A. The Voyles Doctrine. B. Because governments only exist by consent of the people and blind consent is not consent. C. The First Amendment. D. Article III, Section 8, Clause 2.

B. Because governments only exist by consent of the people and blind consent is not consent.

The day after a test, Mike walked past his professor's office door and was surprised to see a list of students' names and their test grades taped to the window. As he scanned down, he saw his name and his score - 42 out of 100. Mike was also in a law class where he had learned disclosure of his academic information was a violation of a federal law. What can he do about the public posting of his grade? A. He can sue the professor for damages (embarrassment). B. He can report it and the school may face loss of any federal funds it receives, but he cannot receive any damages. C. He can sue the university and the professor for damages (embarrassment and privacy). D. He can sue the university for damages (privacy).

B. He can report it and the school may face loss of any federal funds it receives, but he cannot receive any damages.

What's the legal complication about exempting social media platforms for libelous content posted by user-members? A. There is no legal complication. The Digital Millennium Copyright Act provides complete immunity. B. It's complicated. Common law says where there's no legal duty, there's no legal liability. Liability only arises when a legal duty is not performed or when someone voluntarily "undertakes" to do something. The act of undertaking gives rise to legal accountability for whatever is done. Social media companies do "undertake" by choosing to filter some content. They do set speech restrictions on users, but wish to remain exempt from any liability for anything posted to their platforms. In other words, they want the freedom to decide what content users/members are allowed to post, but no accountability for their decisions. C. It's complicated. The Constitution says liability arises from publication, so the question is whether social media companies/platforms, which do not control what users post, are publishers or republishers. D. The issue is whether the people who post to social media are "publishers" or "vendors."

B. It's complicated. Common law says where there's no legal duty, there's no legal liability. Liability only arises when a legal duty is not performed or when someone voluntarily "undertakes" to do something. The act of undertaking gives rise to legal accountability for whatever is done. Social media companies do "undertake" by choosing to filter some content. They do set speech restrictions on users, but wish to remain exempt from any liability for anything posted to their platforms. In other words, they want the freedom to decide what content users/members are allowed to post, but no accountability for their decisions.

In the common law of libel, a vendor: A. Is the same as a republisher. B. May deliver libelous content, but has no real control over the content. C. Can be distinguished because vendors have always been paid to deliver content. D. Has merely demonstrated negligence.

B. May deliver libelous content, but has no real control over the content.

Nightly scoop reporter Melissa Star stood outside the prison gates for a story on the pending release of Herman Monster. "As soon as tomorrow," she said, "Herman Monster could walk through these gates a free person, even though he has been convicted of molesting children nine times. " Herman was in the day room of the prison and happened to catch the newscast which contained a false statement of fact. "That's not right," he said to his pals. "I was arrested nine times but I was only found guilty eight. I wondered what I was going to do for money. Now I know. I'm going to get a lawyer and sue that TV station for libel." Will he win? Why? A. Yes. This shows why it's important for the media to report accurately. B. No. Libel is injury to reputation. It's not likely a person with eight child molesting convictions has a reputation significantly better than a person with nine child molesting convictions. C. It depends on whether Herman is, in fact, released the next day and whether the TV news team issues an apology and retraction. D. It depends on when Herman was convicted. The statute of limitations in Mississippi is two years.

B. No. Libel is injury to reputation. It's not likely a person with eight child molesting convictions has a reputation significantly better than a person with nine child molesting convictions.

The New Orleans Saints professional football team lost some tough games in which different rulings by game referees seemed to make a major difference in the outcomes. Beau was a Saints fan whose blog was very popular. "I'm sick of it," he wrote. "It's clear enough to me that referees take bids before kickoff, and whichever coach offers the larger bribe wins the game. Trey was a professional football referee. He deeply resented the post. He knows you have taken Communications Law, so he asks you, "Do I have a libel case against Beau?" You tell him, accurately: A. Yes, but because you are a public figure you would have to prove actual malice. B. No. Your case would fail on the element of identity. C. Yes, definitely, but your best chance of gaining money would be by suing the web host instead of the blogger. D. No, not unless you worked any of the games in question.

B. No. Your case would fail on the element of identity.

Mary and Martha were roommates. Mary owned a car. Martha didn't. They agreed that both would be able to use the car and that Martha would pay all the expenses - gas, oil, insurance and parking permits. This is an example of: A. Black-letter law. B. Private law. C. Public law. D. Common law.

B. Private law.

One case discussed by guest speaker John Henegan was: A. Whether the next Mississippi governor will have the power to abolish the Board of Trustees of Institutions of Higher Learning (IHL). B. The legality of Facebook refusing to take down (remove) an advertisement that the company knew in advance contained false statements of fact. C. Whether Taylor Swift's privacy was violated by a radio personality during an interview. D. Whether the Board of Trustees of Institutions of Higher Learning (IHL) is subject to FERPA.

B. The legality of Facebook refusing to take down (remove) an advertisement that the company knew in advance contained false statements of fact.

"Tort" comes from the Greek word meaning: A. Damages. B. Wrong. C. Money. D. Dessert.

B. Wrong

Public access to government meetings and records is subject to exemptions driven by special interests as well as another interest, which is far more legitimate. What is the other interest? A.Avoiding the embarrassment of elected officials. B.A public benefit. C.Risk of loss. D.Avoiding disclosure of public finances.

B.A public benefit.

Pete was the food service manager for Booth County Public Schools and was tired of throwing out all the soured milk delivered by Big Dairy. He kept records of the bad milk and was curious why the school board kept signing a milk contract with Big Dairy despite his complaints, so he put a hidden camera in the lounge where school board members were known to gather informally. One day the tape showed a person wearing a Big Dairy coat enter the room and place paper bags in the refrigerator. Each paper bag had the name of a school board member written on it. Then, one by one, each member came in, opened the refrigerator and removed the bag with his or her name. One of them actually turned toward the camera, opened her bag, removed several $100 bills and put them in her purse before throwing the bag away. Pete took the video to Channel 10, which used it in a story about school board members accepting bribes and kickbacks from Big Dairy. Pete's recording was not legal, but he doesn't have any money - so the school board members decide to sue Channel 10. What result? A.Channel 10 must pay damages for intrusion upon seclusion. B.Channel 10 is immune under the Innocent Use Rule. C.Channel 10 must pay damages under public disclosure of private facts. D.Channel 10 must pay damages for libel.

B.Channel 10 is immune under the Innocent Use Rule.

The 1972 Branzburg decision has been effective in: A.Establishing the HIPAA privilege. B.Curbing "fishing expeditions." C.Protecting citizen journalists. D.Protecting confidential sources.

B.Curbing "fishing expeditions."

Loretta woke up one morning and made her way to the kitchen, as usual. There, on the counter was an angry note from her roommate. It read, "Please know I am moving out this afternoon. There's nothing worse than a thief, and I'm certainly not going to live with one. I put two $50 bills in my drawer in the bathroom yesterday and this morning they were not there. You are the only possible person who could have stolen my money, and I know it was you." Loretta is both hurt and horrified. She didn't take the money. She went into the bathroom and opened the drawer she used. The money was there! The roommate had apparently put it in the wrong drawer. Loretta was not feeling very generous about the note, however, and decided to sue her roommate for libel. What does the law say about this? A.No libel. The roommate will retract when she learns the truth. B.No libel. No publication. C.No libel. Statute of limitations precludes roommates suing each other. D.No libel. It was a false allegation.

B.No libel. No publication.

The "right to be forgotten" is: A.Similar to an expungement. When a public official has been convicted of a minor crime in his or her past - not involving prison time - it is both illegal and unethical to report the earlier occurrence. B.Observed in some European and other nations, it allows some information, though once public, to become private due to the passage of time. This information would never become private in the United States. C.Limited to private individuals and not available to celebrities or people who have served in public office. D.Often seen in the context of motion pictures, this is the situation in which actors who played minor roles may decline media interviews.

B.Observed in some European and other nations, it allows some information, though once public, to become private due to the passage of time. This information would never become private in the United States.

When Coach Philbert was named to lead the Pitt Panthers, a commentator on ESPN (a sports broadcasting company) called it a "stupid hire." A week later, a producer from ESPN called Pitt and asked schedule a one-on-one interview. Coach Philbert refused although he had been interviewed on Fox Sports and other network shows. This is an example of: A.Libel. B.The coach's personal preference, which is perfectly legal. C.The Monroe Doctrine. D.Selective exclusion, which is unconstitutional.

B.The coach's personal preference, which is perfectly legal.

The board of directors of General TV, which operated 50 stations in 22 states, had an emergency meeting. Members were furious about a statement from a presidential candidate, Bernie Warren, who said he thought TV was bad for America and if elected he would keep raising taxes on TV companies until he put them all out of business. The board immediately sent an order to all 50 station managers telling them (1) not to accept any advertising from Warren and (2) not to include any stories about them in their newscasts. Any legal problem with the orders? A.No and yes. (1) The TV stations are private businesses and have an absolute right to decline advertising from anyone, but (2) the First Amendment requires that news coverage be fair and balanced. B.Yes and no. (1) Under federal law, the stations must accept any political advertising time a candidate wants to buy. (2) Under the First Amendment, newscasts are 100 percent free to make choices about what to report. C.Yes. Under federal law, broadcasters must accept (1) political advertising and (2) provide equal coverage to candidate campaigns. D.No. (1 and 2) The directors are free to make any decisions they want to make. It is a private business.

B.Yes and no. (1) Under federal law, the stations must accept any political advertising time a candidate wants to buy. (2) Under the First Amendment, newscasts are 100 percent free to make choices about what to report.

Luther was the manager of a Dollar General Store in Athens, Ga. He liked his job, but really wanted to be an accountant, so he was going to night classes at the University of Georgia. Luther didn't want his supervisor at Dollar General to know about his career plans, so he asks you, an admissions counselor, if his enrollment could be kept confidential. You tell him: A.No, under HIPAA, your grades must be kept confidential but the University will still list you in its student directory. B.Yes, under FERPA you may "opt-out," meaning the University will not disclose any information about your enrollment to anyone. C.No, under FERPA, your grades must be kept confidential but the University will still list you in its student directory. D.Yes, under HIPAA you may "opt-out," meaning the University will not disclose any information about your enrollment to anyone.

B.Yes, under FERPA you may "opt-out," meaning the University will not disclose any information about your enrollment to anyone.

Bert opened a new bagel shop in Oxford and customers flocked to try out his recipe. The owner of Rebel Bagels was also curious, especially because his business dropped by 75 percent. Covertly, the owner of Rebel Bagels sent one of his long-time employees to apply for a job at Bert's. While being shown around the kitchen, the Rebel employee made a mental list of the ingredients he saw and the technique Bert's cooks were using. He was offered a job, but declined and went back, telling his boss at Rebel Bagels all about what the new place was doing. After closing one day, Bert passed Rebel Bagels on his way home and saw the employee taking out the trash. Bert had suspected something was up, and decides to sue Rebel Bagels for invasion of privacy. What does the law say about this?

Businesses have no personal privacy rights.

What is the difference between the fair report privilege and the neutral reporting privilege? A. The fair report privilege can be used in state courts only and neutral reportage is a federal court defense. B. A fair report accurately relates information from an official government source and neutral reportage means information has come from a credible private source such as a company news release. C. A fair report accurately relates information from an official public or private source and neutral reportage means a story is balanced - that if a defamatory fact is being presented, the defamed party has denied the fact or at least been offered the opportunity to deny. D. A fair report is balanced - if a defamatory fact is being presented, the defamed party has denied the fact or at least been offered the opportunity to deny. Neutral reportage accurately relates information from an official public or private source.

C. A fair report accurately relates information from an official public or private source and neutral reportage means a story is balanced - that if a defamatory fact is being presented, the defamed party has denied the fact or at least been offered the opportunity to deny.

Sue, a writer for Celebrity magazine, wrote a profile of Academy Award nominee and world famous movie star Julie Andrews. In the article, Sue wrote that Andrews had overcome many setbacks, including being disowned by her parents when she was expelled from college for cheating. This was not true. In fact, Andrews had never even gone to college. When Andrews sues Celebrity magazine for libel, what will be the hardest aspect of the case for her to prove? A. That Sue didn't ask Andrews about her college experience to learn the truth. B. The doctrine of neutral reportage. C. Actual malice. D. That Sue relied on an untrustworthy source.

C. Actual malice.

Which of the following is a true statement? A. Libel suits have become more common in the past 10 years than every before, largely due to Twitter. B. All of the above. C. An opinion can be defamatory but can't be the basis for a libel suit. D. Great care should be taken with "sayings" such as "blind as a bat" or "dumb as a rock" because courts will treat them as literal description.

C. An opinion can be defamatory but can't be the basis for a libel suit.

Which of the following is NOT a true statement? A. Public figures have more to prove in order to win a libel case. B. Opinion can damage reputation but cannot be the basis of a libel case. C. Businesses cannot be plaintiffs in libel cases. D. Punitive damages are not allowed in libel cases.

C. Businesses cannot be plaintiffs in libel cases.

Many products, commodities and services have trade associations that have lobbied lawmakers to protect their interests by enacting laws against publishing unproven information that tends to hurt the reputation of the product, commodity or service they represent. These black-letter laws, very relevant in marketing, are called. A. Disparate impact statutes. B. Diaspora statutes. C. Disparagement statutes. D. Developmental statutes.

C. Disparagement statutes.

Dudley Doright was scoutmaster of Young Scout Troop 102. Marcie's 8-year-old son was a member. She sent a text to other parents whose sons and daughters were members of Troop 102. It read, "Can anybody tell me why our scoutmaster's Jeep is parked outside the All-Nude Dance Bar just about every night?" Dudley was surprised when he got messages from all the parents telling him their child would no longer be in Troop 102. When he asked, one parent showed him the text. It's not true. Dudley and the strip club owner happen to have similar vehicles. He wants to sue Marcie for libel. What does the law say? A. He has no case. His name is not in the text and he's not specifically accused of bad morals. B. He has no case. His name is not in the text. C. It appears all the elements are there. D. He has no case. He is not specifically accused of bad morals.

C. It appears all the elements are there.

Brittany, a news reporter for local TV in Biloxi, Mississippi, was assigned to cover a routine school board meeting. About 30 minutes into the session, a member made a motion "to go into executive session to discuss across-the-board raises for the district's custodial staff." Because she paid attention in her Communications Law class, Brittany remembered: A. She can stay in the meeting during the executive session, but cannot record the discussion. B. Each of the members present and voting will need to second the motion C. Raises for custodial staffers would not be a personnel matter under Mississippi law. D. She and other news reporters will be required to leave the meeting until the executive session ends, but non-journalists may remain in the room.

C. Raises for custodial staffers would not be a personnel matter under Mississippi law.

Ernie, a reporter for the Local News, was covering a murder trial in a state court in Mississippi. There had been intense speculation whether the defendant would testify. When the crucial moment came, the defendant's attorney sent his client to the witness stand. Ernie realized this would be a great photo, so he pulled out his smart phone, stood up and quietly took several photos before sitting back down. Any problem? A. No. Mississippi rules allow anyone to take photos during a trial so long as they are not intrusive. Ernie was quiet, not intrusive. B. Yes, unless Ernie has a photo release signed by the defendant or his attorney. C. Yes. Ernie could get in trouble because the Mississippi rules require advance permission to take photos during a trial. D. No. Mississippi rules allow anyone to take photos during a trial.

C. Yes. Ernie could get in trouble because the Mississippi rules require advance permission to take photos during a trial.

In her first job as an Integrated Marketing Communications major, Lois was employed by a major cell phone company. The project to which she was assigned was to try to obtain a statewide contract to provide all state and local governments in Mississippi cell service. The idea was to convince officials they could all get a better price by selecting one company instead of many. To gather data, Lois was told to contact every town with population greater than 15,000 and find out how much the towns were paying for cell phones for town employees. That data would then be forwarded to the pricing department so a formal, competitive proposal could be made. When she called on City Hall in Oxford, the records custodian asked her if she was "local." Lois responded, "No, I live in Jackson." The custodian said, "Sorry, what you are asking for is a public record, but our policy says only local residents may see city financial information." What does the law say? A.Mississippi law says "stakeholders" may see public records. Lois is not a local taxpayer, so none of her money is involved and she can legally be denied access. B.Lois may be entitled to the records she seeks, but only if the town council meets and votes to permit access. C.Mississippi law says "any person" may obtain public records. Any additional requirement would not be in keeping with state law. D.Lois is not a journalist, so she is not allowed to request public records.

C.Mississippi law says "any person" may obtain public records. Any additional requirement would not be in keeping with state law.

The president of Brand X University called a press conference to announce the hiring of a new dean of the School of Engineering. As she entered the room, she saw reporters and photographers from various local media outlets, including the campus TV station. She looked at the people from campus TV and told them to leave. "You have not been accurate or fair in your coverage of me and I don't want you here." This is an example of: A.Freedom of choice about whether to answer any question. B.The Open Records Act. C.Selective exclusion, which is unconstitutional. D.Topical discrimination.

C.Selective exclusion, which is unconstitutional.

Media representatives are often provided premium access not available to others, such as a press room in the White House or state capitol, a press box or sideline pass at sporting events. This can be explained by: A.State law. B.The First Amendment. C.The discretion of officials or others who desire or understand the value of press coverage. D.Both federal and state law.

C.The discretion of officials or others who desire or understand the value of press coverage.

When it comes to allowing recording or photography during sessions, the most restrictive court is: A.Any U.S. District Court of Appeals. B.Any U.S. District Court. C.U.S. Supreme Court. D.U.S. Bankruptcy Court.

C.U.S. Supreme Court.

Frank invited Bill to come with him to Frank's apartment to watch the Dolphins football game. Bill went and took a friend, Bob, with him. All three were sitting in Frank's apartment watching the game when it became clear to Frank that Bob was not a Dolphins fan. He wasn't rude about it, but Frank did ask Bob to leave. Bob just sat there. Bill answered, saying he and Bob were in one car and if Bob left, Bill would have to go, too. Frank said. OK, then both of you leave. Legally, at what point did Bob commit trespass? A.When he entered Frank's apartment with Bill. B.Never. There is no trespass on these facts because the apartment is private property. C.When he didn't leave when asked to leave. D.Not until he and Bill were both asked to leave.

C.When he didn't leave when asked to leave.

Mike and Molly, both Integrated Marketing Communications graduates, knew that lifelong learning matters. One day, their company (M&M Marketing) was invited to pitch a marketing plan for Big Corp. As newcomers to the community, they had little hope of landing the contract, but they did know they could pick up some knowledge from the larger firms that would be making pitches after theirs. Mike hid a tape recorder in his briefcase, then "accidentally" left it in the room where pitches were being made. His plan was to retrieve his briefcase and the recording of his competitors' presentations so he and Molly could learn from them. Anything illegal about this? A.Yes in a one-party state, but no in an all-party state. B.No, due to the continuing education aspect. C.Yes, in any state. Wiretapping. D.No in a one-party state, but yes in an all-party state.

C.Yes, in any state. Wiretapping.

If proved, truth is an absolute defense to libel. In the same way, ___________ if proved, is an absolute defense to invasion of privacy.

Consent.

What looms as a threat to digital profile-dependent marketing?

Consumers increasingly becoming aware of how their profiles can be used to manipulate or deceive them.

A client who paid Janet to do his marketing was the owner of a hair salon. He told Janet he had perfected the ability to duplicate Whitney Houston's hairstyle. "Here's what I want you to do," he told Janet. "Get a photo of Whitney and post it in social media with the caption, "Want to look like this? Make an appointment with Larry's Style Shop on Main." Janet remembered that Whitney Houston was deceased, having died at the age of 48 in 2012. What must Janet do?

Contact administrators of Houston's estate and determine if there's a fee - and how much - to use her image as an endorsement.

Which of the following are indicators of negligence? A. Carelessness. B. Reliance on an untrustworthy source of information. C. Misreading or not reading relevant information that was available. D. All of the above.

D. All of the above.

Billy Brown's graduation from the University of Mississippi was on May 12 and the day before, he went to Memphis to board a plane and start a two-year tour with the Peace Corps in the outback of Australia. Billy was curious about why none of his former classmates answered his texts or commented on his tweets during his overseas adventure. When he got back to the states, he decided to go to a football game at his alma mater. He saw several of his classmates tailgating and was mystified when they avoided him. They refused to say "Hi" when he said "Hi" and turned their backs to him. Finally, he confronted one person about why he was being treated so rudely. "You know why," the former friend said, The Oxford Eagle newspaper reported the day after graduation that a university spokesman said a student named Billy Brown had stood up right before the graduation speech and shouted, "Y'all can all go to hell. I'm outta here and glad of it." Billy was shocked. It wasn't him, and he knew for a fact there were at least two others in his graduating class also named Billy Brown. Billy knows you took Communications Law and would know the right answer, so he asks you if he can sue the newspaper. You tell him, accurately: A. Yes, all you will need is to find get people who will testify they changed their opinion about you. B. Yes, but you will have to prove actual malice. C. No. Your case fails because the newspaper is a vendor, not a republisher. D. No, your case fails on the element of identity and due to the fair report privilege and Mississippi's statute of limitations.

D. No, your case fails on the element of identity and due to the fair report privilege and Mississippi's statute of limitations.

Ben created a company that made and sold men's makeup. By happenstance, he found a space on social media where people were talking positively about men wearing makeup, what and how to wear - lots of advice. Ben thought this would be a great place to talk about his products and paid several people to mention and praise his products - including links where they could place orders. It didn't work, mainly because as soon as Ben's makeup was mentioned, the poster was blocked. Ben did some checking and found out the site wasn't neutral at all. It was operated by the largest maker of men's makeup - and that's why no mention of his products was allowed. Ben knows you have taken Communications Law, so he asks you whether his First Amendment rights have been violated. You know the right answer, so you tell him: A. Yes. B. Well, content-neutral time, place and manner limits are OK, but what they are doing to you is content-based - so they are breaking the law by blocking your people. C. Content can be blocked from the internet for any LEGAL reason, so it would depend on whether you paying people to promote your product anonymously is legal. D. No.

D. No.

Betty was the beloved mayor of Short Beach, but age caught up with her and she decided not to run for re-election. The leading candidates to replace her were Buddy and Bill. Polls showed Bill had a strong favorability rating with voters. On a live TV interview a few days before the election, Betty was asked about Bill. "He just doesn't impress me," she said. " I think Buddy would do a better job." When the votes were counted, Buddy had won and Bill was upset. He felt Betty had defamed him and caused him to lose. He decides to sue her for libel. Will he win? A. Yes. Her comment clearly injured Bill's reputation. B. No. Actual malice would be the standard on these facts, and actual malice is impossible to prove. C. Yes, but Bill would have to provide witnesses who would swear they changed their minds based on what Betty said. D. No. Betty's statements were opinion.

D. No. Betty's statements were opinion.

When working on assignment, journalists are exempt from which of the following criminal laws? A.Fraud. B. Harrassment. C. Stalking. D. None of the above.

D. None of the above.

Ed was a Christian minister who believed in living among his flock, many of whom lived in poverty in Nashville. Ed was in Cincinnati taking a self-improvement course when he picked up a newspaper. There was an Associated Press story about about a crack cocaine epidemic in Nashville. To his shock and surprise, with the story was an Associated Press photo of his house with a caption identifying it as a crack house, a known hangout of drug dealers and addicts. This was super-upsetting to Ed, so he found the newspaper office and promised he would sue based on the libel. You work at the newspaper, and you remember... A. The Wire Service Rule. Ed will have to file a separate lawsuit against every media outlet that used the photo and they will all have to chip in to pay damages - meaning each outlet will pay very little. B. Libel suits can't be based on photographs. C. Because Ed lives in Tennessee, he is barred from suing an Ohio newspaper. D. The Wire Service Rule. Ed will have a case against The Associated Press, but not against every outlet that published the photo and false information.

D. The Wire Service Rule. Ed will have a case against The Associated Press, but not against every outlet that published the photo and false information.

Madison was on the anchor desk for Oxford TV when the news director said into her ear piece, "Repeat after me." Madison did, repeating what she thought she heard: "We have just learned that the principal of a private high school, Jones Academy, has been removed for grand larceny. We will provide details when we have them." The news director didn't hear what Madison said, but someone told him. "Madison," he screamed into his headset later in the newscast. "Apologize immediately. Listen to me: say a story needs to be corrected. What I told you was the principal of a private high school, Jones Academy, was rewarded for grant artistry." Before the newscast ends, Madison apologizes, retracts the libelous statement and offers the accurate words. Which of the following rules applies? A. Madison can sue her news director. B. The principal's name was not used, so he or she has no case. (Identity) C. This was clearly an accident and the (almost) simultaneous correction /retraction ends the possibility of a libel suit. D. The principal can sue for actual damages, but not punitive damages.

D. The principal can sue for actual damages, but not punitive damages.

Molly ordered a bridesmaid's hat from Hats R Us and paid $150 for it. When it arrived, it was the wrong size, was cheaply made and fell apart the first time she tried it on. She returned it and called to ask for expedited delivery of the right size in time for the wedding. There was a brief response from the company in which they pointed out to a small line on their website that said, "All Sales Final." Molly was the only bridesmaid in the wedding without a hat. She looked like a freak and felt like one, too. As soon as she got home, she wrote a scathing review about the company on its website. "Don't buy from these people," she wrote. "They are crooks and their hats fall apart as soon as you take them out of the box." Minutes later, she checked the site and noted her comment was not there. She reposted and it disappeared again. She reposed a third time and again her comment was removed. Molly knows you are taking Communications Law, so she asks you if what Hats R Us has done is legal. You tell her: A. It depends on whether the company is in the United States. B. We haven't covered that yet. C. No. D. Yes.

D. Yes.

Judge Jane was a kindly person. As a trial was beginning, she called for a recess and invited "any journalists in the courtroom" to her chambers for a chat. When the reporters sat down, Judge Jane calmly said, "One of the witnesses in this case is only 8 years old and is likely to be intimidated by all the people in the courtroom. For that reason, I am closing this trial to everyone except the jurors and the lawyers." Anything wrong with this? A. No. This is a prior restraint. B. No. The judge's first and only duty is to provide a fair trial. If she believes closure is best, then she is acting correctly and within her authority. C. Yes. So long as she treats journalists and the general public the same (not letting anyone in) then she is acting within her authority. D. Yes. The rule is a judge, upon finding justice will best be served by closure, must adopt the least restrictive method available. Closing a trial from beginning to end is overbroad.

D. Yes. The rule is a judge, upon finding justice will best be served by closure, must adopt the least restrictive method available. Closing a trial from beginning to end is overbroad.

The Food Lion case we discussed in class illustrates: A.Jurors and juries are sometimes hostile to media. B.Engaging in fraud is not a best practice. C.It's not smart for journalists to violate the law, even when pursuing a story in the public's interest. D.All of the above.

D.All of the above.

Noel, a reporter, heard that the public cemetery in Tutwiler, Mississippi, was nearing capacity. She went to City Hall, found the custodian of records, and asked to see a map of the cemetery along with a list of plots that were still available. Both are public records. JoAnn, the records custodian, said, "I'll show you if you'll tell my why you want to know." Noel comes back to you, her editor, for advice, and you tell her ... A.The clerk is right. Public records cannot be viewed unless the requesting person has a valid reason. B.The clerk is right, but you don't have to give the real reason. C.That's not right. Show her your media identification and she has to give you the records. D.That's not right. In JOUR 371 we learned that no one needs to give a reason to see a public record.

D.That's not right. In JOUR 371 we learned that no one needs to give a reason to see a public record.

When a judge rules that a person is a public figure, what does that mean for the plaintiff in a libel case? A.Punitive damages are likely. B.The Dendrite Test can be applied. C.The plaintiff is entitled to summary judgment. D.The plaintiff has to prove the defendant know what was presented as fact was false when it was presented or acted with reckless disregard of truth or falsity.

D.The plaintiff has to prove the defendant know what was presented as fact was false when it was presented or acted with reckless disregard of truth or falsity.

Which of the following is a Federal Trade Commission suggestion for firms that gather personal information in the course of doing business with individuals?

Don't keep it if you no longer need it.

Why does the Electronic Communications Privacy Act says cell phones should have the same legal status as wired phones?

Due to the public's reasonable expectation that phone calls are personal.

What makes the tort Public Disclosure of Private Facts so challenging?

Establishing whether there's any legitimate public interest in the information disclosed.

What is the "best practice" that most media firms employ regarding publishing the names of victims in sex crimes?

Follow the victim's wishes: Do not publish unless a victim chooses to "go public."

Which of the following is a legal instruction for a first responder to a person shooting photos/video of an activity taking place in public view?

Get out of my way.

Since the nation's founding, Americans' attitudes about personal privacy:

Have been mixed and changing.

Bert, a graduate of the University of Mississippi, was the social media specialist for Dollar General Stores. One day, during a meeting, the age-old topic of crowded aisles came up and Jenny had something to say: "One way to deal with this would be to buy smarter. We just had to trash 850 cases of YUMMIES candy we bought for Halloween because they didn't sell. With all the smart people who work here, couldn't we do better research on what candies kids like?" Marcia, who went to LSU, chimed in. "Yes, let's do a survey of grade school kids in June or July so we will have the right candy in stock." Bert didn't say anything immediately, but he did remember something from his Communications Law class. What should Bert have remembered that could save his employer a lot of trouble?

It's a violation of federal law to harvest marketing information directly from children under 13 years of age.

Hortense was a very private person. She lived alone in rural Montana and minded her own business raising sheep. One day she was reading a sheep rancher magazine and saw an article reporting that her state was publishing a list of all the sheep farmers in the state. She went online and looked, and sure enough, her name was listed under the heading, "Montana Sheep Farmers." She considered what she did for a living her business and nobody else's. She was horrified and embarrassed and wants to sue the state for public disclosure of private facts. Will she win?

It's not likely. The "reasonable person" standard applies. The only way she could win is if the jury finds a reasonable person would be highly offended by a public listing of his or her occupation.

Both HIPAA and FERPA require providers who obtain private information to:

Offer patients/adult students an opt-out to prohibit release of any information.

Which of the following best describes the value proposition (quid pro quo) between buyers and sellers in the digital age?

Personal information for discounts/convenience.

Collegiate Magazine was in financial trouble. The editors met to talk about it, specifically what they could do to sell more copies. Jim was an idea man. He spoke up, "For one thing, we can trash next month's plan to put photos of the 12 newest college presidents on the cover and, instead, feature homecoming queens of the SEC." The editors chose Jim's plans and it proved to be a real money-maker. The cover with attractive students in formal evening gowns sold twice as many copies as a normal month. Bridgette was homecoming queen at Kentucky. When she saw the magazine on a shelf in the local Kroger, she was not happy. She became especially embarrassed when she saw a browsing customer point to her photo and say, "Don't know how she won. She's not as pretty as the others." She knows she did not give the magazine permission to use her photo and she knows you took Communications Law. She wants to sue, so you tell her:

Sorry. You can't win. The news exception applies.

What purpose do digital profiles serve in marketing?

The ability to identify and target the most receptive audience for a message.

What's the main legal problem with state laws that order media not to identify victims of sex crimes?

They are prior restraints.

When he was in college, Ben worked at Dairy Queen and became known for being a great employee. He won lots of awards and the manager would post Ben's photo with the awards on the store's walls. After he graduated, Ben went to work as an accountant for the Dallas Cowboys. Driving to work one day, he noticed a Dairy Queen billboard. It included a large photo of him holding up a double fudge sundae. Ben thought about it and remembered the manager taking the photo when they were clowning around during a slow afternoon. What's the correct legal analysis of these facts?

This is a classic appropriation case. All the elements are present.

Martin grew apples and sold them at a roadside stand. One season cars were passing and no one was stopping. To pass the time, Martin was reading about his favorite team, the Alabama Crimson Tide. By sheer coincidence, one article include a photo of 'Bama's famous coach, Nick Saban, enjoying an apple. Martin dragged and dropped the image into his photo software, and emailed it to a local printer with instructions to enlarge the photo to poster size. Martin then taped the posters to boards and put them all around his apple stand, hoping to increase sales. Any legal problem with this?

Yes. Coach Saban has a clear right of publicity case.

Brutus was a lifeguard for the City of Tutwiler. People were always taking pictures at the pool, so he didn't pay much attention. One night, he was at a local restaurant and picked up a brochure issued by the Tutwiler Chamber of Commerce advertising the town as a great place to live. Inside there was a clear photo of him at work at the pool. He felt offended. He knows you are an expert in media law, so he comes to you for advice. You tell him (correctly):

You have a clear appropriation case. All of the elements are there.

Monday morning, Marsha got a call from the governor telling her to be prepared because Tuesday morning it would be announced that she will be the new chancellor of the University of Mississippi. Shortly afterward, her phone rang again and it was the registrar of the university where Martha had earned her doctoral degree. The registrar, who was also a friend, told her that another person who was seeking the chancellor's position, had called to inquire whether Marsha's Ph.D. was legitimate. After being told it was legitimate, the competitor said, "I don't care. I've got to find a way to ruin her so I can get that job. I'm going to post all over social media that she is a fraud." Upon hearing this, Marsha, quite naturally, feared a public controversy, even if bogus, could mean she would not be named chancellor. She called her lawyer and asked what could be done to keep false information from being posted that would put her career in jeopardy. Based on what you know about the First Amendment, what can the lawyer do? a) Contact the other candidate and promise a lawsuit if anything adverse is posted - but that's all. b) Obtain an injunction from a state or a federal court. c) Obtain a restraining order from a federal court. d) Obtain a restraining order from a state court.

a) Contact the other candidate and promise a lawsuit if anything adverse is posted - but that's all.

American courts have ruled consistently that hate speech is protected by the First Amendment. Separately, courts have ruled that some speech - fighting words and incitement to imminent lawless action - are outside (not protected by) the First Amendment. What's the difference? a) Hate speech (in and of itself) does not include a call to action. b) It is impossible to prove whether a person engaged in hate speech really believes what he or she is saying. c) Hate speech can never be eradicated from a nation as diverse as the United States, so it's pointless to try. d) The harm caused by hate speech is too difficult to measure.

a) Hate speech (in and of itself) does not include a call to action

Which of the following is NOT a freedom identified in the First Amendment? a) Pursuit of happiness. b) Assembly. c) Religion. d) Speech.

a) Pursuit of happiness.

An accurate way to think of the US constitution is a) As the basic document under which all other government laws and actions must fit. b) As a starting point in defining government powers. c) As the end product of centuries of common law. d) As a declaration of human rights.

a) the basic document under which all other government laws and actions must fit

Which of the following CANNOT be found in the historical record as a rationale for the First Amendment? a) The Founders had a deep respect for the journalists of their day. b) The Founders wanted to maximize individual freedom. c) The Founders recognized that open communications would tend to help the people recognize ideas leading to improvements. d) The Founders wanted to limit the power of government.

a) the founders had deep respect for journalists of their day

The statewide system of trial courts in Mississippi is composed of: a) Circuit courts and drug courts. b) Circuit courts and chancery courts. c) District courts. d) County courts and chancery courts.

b) Circuit courts and chancery courts.

What is the relationship between law and ethics? a) There is no relationship between law and ethics. b) Many laws are rooted in ethical considerations, but legal analysis and ethical analysis are not the same. c) All laws are derived with respect to the ethical precepts of right and wrong. d) Black-letter law arises through ethical norms; common law does not.

b) Many laws are rooted in ethical considerations, but legal analysis and ethical analysis are not the same.

The term jurisdiction refers to: a) The physical location of a courthouse. b) The people (parties) and subject matter over which a court has authority. c) How judges are selected for various courts. d) All of the above.

b) The people (parties) and subject matter over which a court has authority.

Which of the following is true about state court systems? a) They all follow the design specified in Article III of the U.S. Constitution. b) They vary greatly in how cases are apportioned (jurisdiction) and in how judges are selected. c) They vary greatly in how cases are apportioned (jurisdiction), but all judges are appointed. d) They vary greatly in how cases are apportioned (jurisdiction), but all judges are elected.

b) They vary greatly in how cases are apportioned (jurisdiction) and in how judges are selected.

Symbolic (non-verbal) speech is protected by the First Amendment... a) if the (speaker) intends a message and onlookers agree with the message. b) if the (speaker) intends a message and onlookers are likely to understand the message. c) if the (speaker) makes a truthful statement whether onlookers agree or disagree. d) if the (speaker) intends a message and the message is not hateful.

b) if the (speaker) intends a message and onlookers are likely to understand the message.

Members of the Tennessee Legislature decided to combat obesity in the state. To that end, they passed a law which read, in part, "Restaurants may only serve healthy meals." If the constitutionality of this law is challenged in court, the most likely basis will be: a) Ultra vires (Commerce Clause). b) Vague. c) Res ipsa loquitor. d) Federal question.

b) vague

Fred lived in Los Angeles, California, and Bob lived in Atlanta, Georgia. By happenstance, they were seated next to each other on a commercial flight from Detroit to New Orleans. While the plane was over Tennessee, Fred fell asleep and spilled a drink all over Bob. Bob, not realizing it was an accident, hit Fred in the face, breaking his jaw. No criminal charges were filed, but Fred wants Bob to pay his medical bills. What court is most likely to hear the case? a) A state court in Georgia. b) A state court in California. c) U.S. District Court. d) A state court in Tennessee.

c) US District court

Congress passed the Clean Water Act in 1972 and amended it in 1977 and 1978. It is an example of: a) Private law. b) Constitutional amendment. c) Black-letter law. d) Common law.

c) black-letter law

Earl wrote a book of poems about trees and had copies printed. He took 24 to Square Books and said, "Here. Sell these for me and I will come by for the money later." The owner of the bookstore said, "No thanks. We've already got all the poetry books we want to keep in stock." Earl's response was, "This is America. You must honor by right to freedom of expression." How do you analyze this situation? a) Earl's right to publish his books of poems created no corresponding obligation for the store to sell it. b) Square Books is a private business. The First Amendment applies to government actions. c) Earl is free to sell or give away the books, but nothing in the First Amendment requires anyone to read or assist him. d) All of the above.

d) All of the above.

When asked to identify the best thing an undergraduate could do to prepare for law school, Justice Chamberlin said: a) Internship in a law firm. b) Enroll in pre-law courses. c) Maintain a 3.5 or better GPA. d) Read.

d) Read.

TMC (Terrible Movie Company) released a film about a 13-year-old boy who, because he was bullied, got revenge by poisoning all his neighbors' dogs with car antifreeze, which is toxic to animals. Months later, police in Scottsdale, Ariz., traced a series of dog poisoning cases to Billy Bad, who told police (1) he did it and (2) he got the idea from the movie. Under current law, what will the dog owners need to prove in order to win damages in a civil suit against TMC? a) That Billy was inspired by the movie. b) TMC knew or should have known someone would copycat the movie character. c) That Billy has not been bullied. d) That the movie was the direct cause of what Billy did.

d) That the movie was the direct cause of what Billy did.

Courts of special jurisdiction include a) drug court b) bankruptcy court c) immigration court d) all of the above

d) all of the above

A just-signed state law in California says college athletes ....

must be allowed to receive compensation for commercial appropriation of their names or likenesses.

Unless a person objects in advance, HIPAA and FERPA allow disclosure of a person's

"Directory" information.

While researching for an article on the history of sales taxes in Mississippi, Fred looked in the official state archives and stumbled on a letter to the editor published back in 1932 in the newspaper where he was working. That was the year Mississippi first adopted a sales tax, and the strongly worded letter was 100 percent against the idea. It was signed "Homer Formby." As it happened, the reason Fred was writing about sales taxes was that the current governor, Homer Formby III, had proposed a 1-cent sales tax increase. Fred verified that the letter-writer was the grandfather of the governor who was pushing for a higher sales tax. The irony was too tempting to pass up, so Fred quoted extensively from the 1932 letter in the article he published. The governor was embarrassed and humiliated by the fact he was advocating something his own grandfather so strongly opposed. He knows he can't sue for libel because there was no false statement of fact, so he asks you, his chief of communications, if there's any legal action he can take. You think about the tort "public disclosure of private facts" and say,

"but that won't work because once something is in a public record, the passage of time doesn't make it not public."

Immediately after graduation from LSU, Judy was hired as marketing director for a large shopping center in Nashville. One thing Judy noted was that while the center had an aggressive and effective social media strategy and a healthy TV budget, there were no billboards. She took the artwork from the center's social media and sent it to a sign company for pricing. When the company responded with a price of $2,500 each for billboard-sized images, Judy placed an order for 100. Judy waited until the signs were printed and delivered before surprising her boss with her innovative idea. The boss said, "I wish you had checked with me. By city ordinance, billboards are not allowed in Nashville." Judy was taken aback. "What about freedom of expression and the First Amendment?" she asked. Her boss, a University of Mississippi graduate, correctly responded: A. "Restrictions on the time, place and manner of any expression are constitutional as long as there's some reason (including aesthetics) and the restrictions are content-neutral. Now, let's talk about how you're going to repay $250,000." B. "I'm glad you mentioned that. I had forgotten all about the First Amendment. We'll sue the city and we're sure to get permission to erect the billboards. Good move, Judy." C. "The First Amendment is a federal thing. Nashville is a city in Tennessee that makes it's own laws, so the First Amendment doesn't apply here." D. "The First Amendment doesn't apply to advertising. They should have told you that at LSU."

A. "Restrictions on the time, place and manner of any expression are constitutional as long as there's some reason (including aesthetics) and the restrictions are content-neutral. Now, let's talk about how you're going to repay $250,000."

You are the social media director for a major Mississippi university. One of your employees comes to you very upset. "I have made a horrible mistake," she says. "I just tweeted, 'The University congratulates Professor Sally Magee for being named top scholar by the International Society of Biological Scientists.' She called, she's furious and says she's going to sue. It was supposed to be the International Society of Botanical Scientists." Because you know media law, you tell her: A. "Send out a corrected tweet, but don't worry about her suing. It is a false statement of fact, but there's nothing defamatory about it." B. "Don't worry. Lawsuits can't be based on tweets." C. Quick, put out a corrected tweet. She can still sue us for punitive damages, but not for actual damages. D. Don't worry. I'll call her and tell her I fired you for libeling her and maybe that will calm her down.

A. "Send out a corrected tweet, but don't worry about her suing. It is a false statement of fact, but there's nothing defamatory about it."

Conceptually, one of the hallmarks of the First Amendment is: A. A validation that the authority to govern is based wholly on an agreement by the people that government is necessary. B. A total listing of human rights. C. A basis for all criminal prosecutions. D. A statement that government can have no secrets.

A. A validation that the authority to govern is based wholly on an agreement by the people that government is necessary.

Bob was mean-spirited and despised his history professor. Most of the students in the course were in a GroupMe, so that whenever one person posted anything, all members of the Groupme could see it online. One day the professor was late for class, so Bob wrote in the Groupme, "Clearly, the old drunk was too messed up to come to work today." When Sue saw this she was pretty horrified than anyone would write something like that. She copied the sentence into her Twitter account and sent it out under her question, which was, "Can you believe someone in our class posted this?" Under today's legal standards, Sue is treated as: A. A vendor. B. A republisher. C. A publisher. D. A gossip.

A. A vendor.

Article III federal judges are: A. Appointed by the person serving as president and if confirmed by the Senate serve for life unless removed by impeachment. B. Appointed by the president and if confirmed by the Senate serve 8 years unless removed for cause. C. Chosen by the House subject to confirmation by the Senate and serve life terms. They cannot be removed except by citizen petition. D. Appointed by the president from a list of acceptable candidates provided by the House and if confirmed by the Senate serve until or unless they are removed (fired) by a different president.

A. Appointed by the person serving as president and if confirmed by the Senate serve for life unless removed by impeachment.

Fred and Marsha knew each other in college, where both majored in Integrated Marketing Communications. After graduation, they worked for separate banks that happened to be competitors in the Biloxi, Mississippi, market. One day, Marsha heard Fred's bank was launching a new checking account that might cause customers to change from her bank to his. She called Fred and asked him to join her for lunch. He agreed. As they talked, she fired up the "record" app on her phone and began quizzing Fred about the new checking account. He did not know he was being recorded. Which of the following is true? A. Because Mississippi is a one-party state, what Marsha did is legal. B.It depends on whether Fred's bank had a reasonable expectation of privacy. C.Because Mississippi is an all-party state, what Marsha did is illegal. D.This is illegal because it constitutes stalking.

A. Because Mississippi is a one-party state, what Marsha did is legal.

Which of the following is the best way to describe the system of governance in America? A. Concentric with overlapping areas of authority. B. Authoritarian. C. Top-down. D. Regional.

A. Concentric with overlapping areas of authority.

Much to the displeasure of Oxford town officials and merchants, Martin opened an adult book, movie and novelty shop on the Square in Oxford. The opponents knew these materials and Martin's business were protected by the First Amendment, but still felt something should be done. The officials passed an ordinance that said for safety purposes, all businesses on the Square could only be open during daylight hours. As it happened, all the other businesses were banks, law firms, insurance offices and clothing stores - no restaurants. Most of Martin's customers parked in the back and shopped at night, so the ordinance would have, he felt, a severe impact on his business. What does the law say about this? A. Governments may impose reasonable a time, place and manner restriction on First Amendment-protected activity, but not if pretextual - that is content-neutral on its face but content-based in reality. B. Any law related to safety is OK, even if it inconveniences some people. C. Only Congress can approve a time, place or manner restriction. Oxford has no jurisdiction over store hours. D. Communities are free to enact any time, place or manner restriction regardless of reason or impact.

A. Governments may impose reasonable a time, place and manner restriction on First Amendment-protected activity, but not if pretextual - that is content-neutral on its face but content-based in reality.

As a core matter, a plaintiff in a libel case is saying a defendant: A. Injured his or her reputation by publishing a false statement as fact. B. Got a fact wrong. C. Caused the plaintiff to spend money he or she didn't need to spend. D. Provided unnecessary information.

A. Injured his or her reputation by publishing a false statement as fact

An employee at the laundry company you own comes to you and says, "Boss, we've got a problem. I just walked past Ted's office door and he was screaming on the phone at the manager of the Holiday Inn. He must have heard they are changing laundry services and he was calling the manager all sorts of names ... that she was a liar and a deadbeat and worse. She's going to sue us for sure." As it happens, before you started the laundry company you took a Communications Law course and learned the elements of libel. Based on this you know: A. Nothing was published. B. If you fire Ted immediately, the Holiday Inn manager can still sue him, but not you. C. You can prevent a lawsuit by calling the manager and apologizing immediately. D. It was smart to purchase liability insurance.

A. Nothing was published.

What's the name of the federal law that says internet service providers are not to be treated as publishers of content posted by third parties? A. Section 230 of the Communications Decency Act. B. Section 230 of the Digital Millennium Copyright Act. C. The Fourth Law of Thermodynamics. D. The Statute of Limitations.

A. Section 230 of the Communications Decency Act.

Ed had a donut business. Across the street from his shop was a donut shop operated by Sue. One day, Sue put a sign in her window. On it was printed, "Buy your donuts here. Ed's donuts cause are made from kittens." Sue said she was being playful. Ed didn't see the humor. Will Ed have to prove anything a private plaintiff would not have to prove? A. Yes, for one thing Ed will have to prove Sue's sign had an adverse impact on his business volume. B. No, this is product disparagement as defined the the Constitution. C. No, this is what's called libel per se. D. He'll only have to prove that someone took the message seriously.

A. Yes, for one thing Ed will have to prove Sue's sign had an adverse impact on his business volume.

Bob was mean-spirited and despised his history professor. Most of the students in the course were in a GroupMe, so that whenever one person posted anything, all members of the Groupme could see it online. One day the professor was late for class, so Bob wrote in the Groupme, "Clearly, the old drunk was too messed up to come to work today." Just as members of the class were seeing the post and starting to giggle, the professor walked in, asked what was going on and a student showed him the post. The professor, however, did not think it was funny and wants to sue Bob for libel. Any problems here? A. Yes. While it's clear enough that "old drunk" is defamatory, there is the matter of whether any of the students took the post seriously ... whether it caused them to change their opinion of the professor. B. Yes. This was on social media, and libel cannot take place on social media under Section 260 of the Communications Decency Act. C. Yes. Technically nothing was "published" because the words never existed except in digital form. D. All of the above.

A. Yes. While it's clear enough that "old drunk" is defamatory, there is the matter of whether any of the students took the post seriously ... whether it caused them to change their opinion of the professor.

Bert worked as a journalist at Local News. He drove his little child to school every day. One day as he was holding the kindergartener's hand, the child said, "Wow. Look at that," and pointed to the sky. Bert looked up and there was a parachutist floating down. He kept watching as the parachutist actually hit a window in the school and crashed through it. No one was hurt, but the school had to sue the parachutist who refused to pay for the damage. Bert was called to testify. What do you know about this? A.Bert had on his "regular person" hat and his testimony would not compromise his journalistic integrity. B.Bert should let his son testify instead. C.Bert has a right/privilege against testifying. D.It depends on the state. Many have shield laws that protect journalists from having to testify.

A.Bert had on his "regular person" hat and his testimony would not compromise his journalistic integrity.

The federal Freedom of Information Act applies to: A.Executive Branch agencies of the federal government. B.Congress and the federal courts. C.Companies doing business in the United States. D.Federal courts only.

A.Executive Branch agencies of the federal government.

Under the Sixth Amendment, an impartial jury consists of: A.People who are able to listen to the testimony and view the evidence and base their verdict solely on what they see, read or hear in the courtroom during the trial. B.People who have not previously served on a jury. C.People are free of any legal training. D.People who are free of any bias.

A.People who are able to listen to the testimony and view the evidence and base their verdict solely on what they see, read or hear in the courtroom during the trial.