final exam review questions com 3360 - law and ethics

During the 1800s, a high-profile crusade against pornography was led by: a) Grover Cleveland; b) William Lloyd Garrison; c) Horace Greeley; d) Anthony Comstock; e) Elijah Lovejoy.

d) Anthony Comstock;

The lowest unit charge rule applies to: a) issue advertising; b) product advertising; c) ads for ballot propositions; d) ads by political candidates during campaign periods; e) all of these.

d) ads by political candidates during campaign periods;

The Supreme Court upheld disciplinary action against a student who made an offensive speech at an assembly at a public high school in the case of: a) Bethel School District v. Fraser; b) Tinker v. Community School District; c) Hazelwood School District v. Kuhlmeier; d) Healy v. James;

a) Bethel School District v. Fraser;

In 1991 the Supreme Court held that the First Amendment does not protect the news media from being sued for breaking a promise not to identify a news source. The case? a) Cohen v. Cowles Media; b) Bridges v. California; c) Branzburg v. Hayes; d) Farr v. Pitchess; e) Zurcher v. Stanford Daily.

a) Cohen v. Cowles Media;

The Supreme Court once ordered a new trial for a man convicted of murder in a case where some of the jurors admitted they were prejudiced because of sensational pretrial publicity. The prosecutor, who was running for re-election, issued an inflammatory press release, aggravating the problem. The case? a) Irvin v. Dowd; b) Estes v. Texas; c) Times Mirror v. Superior Court; d) Maryland v. Baltimore Radio Show; e) Sheppard v. Maxwell.

a) Irvin v. Dowd;

In which of these cases did a celebrity win monetary damages even though there was no use whatever of his/her name or photograph? a) Midler v. Ford Motor Company; b) Carson v. Here's Johnny; c) Sinatra v. Goodyear; d) Cher v. Forum International; e) none of these.

a) Midler v. Ford Motor Company;

The Supreme Court in 2007 rejected a high school student's claim that the school principal violated his First Amendment rights by suspending him for displaying a banner near the campus that read, "Bong Hits 4 Jesus." The case: a) Morse v. Frederick; b) Bethel School District v. Fraser; c) Hazelwood School District v. Kuhlmeier; d) Smith v. Novato Unified School District;

a) Morse v. Frederick;

A citation for direct contempt of court is most likely to result from a situation in which: a) someone violates the decorum of a courtroom (e.g., by taking unauthorized pictures); b) a newspaper criticizes a judge in print; c) a broadcast editorial tells a judge to decide a pending case in a certain way; d) someone tries to influence the outcome of a case by actions far from the courtroom; e) all of these.

a) someone violates the decorum of a courtroom (e.g., by taking unauthorized pictures);

The primary test used by courts today to review government restrictions on commercial speech was set forth in the case of: a) First National Bank v. Bellotti; b) Central Hudson Gas and Electric v. Public Service Commission; c) Bigelow v. Virginia; d) Lehman v. Shaker Heights;

b) Central Hudson Gas and Electric v. Public Service Commission;

The Supreme Court once held that the FCC can punish broadcasters for airing indecent programming during daytime hours even if the material is not legally obscene. The case: a) Wilkinson v. Jones; b) Pacifica Foundation v. FCC; c) Red Lion Broadcasting v. FCC; d) League of Women Voters v. FCC; e) Capital Cities Cable v. Crisp.

b) Pacifica Foundation v. FCC;

The Supreme Court first ruled that criminal trials must usually be open to the press and public in what case? a) Gannett v. DePasquale; b) Richmond Newspapers v. Virginia; c) Globe Newspaper Co. v. Superior Court; d) NBC Subsidiary v. Superior Court; e) Chandler v. Florida.

b) Richmond Newspapers v. Virginia;

In 1957, the Supreme Court defined obscenity by asking, "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." That was in the case of: a) Bloom v. Municipal Court; b) Roth v. U.S.; c) Miller v. California; d) U.S. v. Thirty-Seven Photographs; e) Pinkus v. U.S.

b) Roth v. U.S.;

The Supreme Court first ruled that public school students may exercise First Amendment rights on campus unless they interfere with the rights of others or disrupt school order and discipline in the case of: a) Bethel School District v. Fraser; b) Tinker v. Community School District; c) Hazelwood School District v. Kuhlmeier; d) Healy v. James;

b) Tinker v. Community School District;

In Citizens United v. Federal Elections Commission, the Supreme Court in 2010 eliminated regulations on ________ by companies. \ a) cable television; b) campaign spending; c) public relations speech; d) text messaging services; e) none of the above.

b) campaign spending;

2. When false information is added to journalistic accounts, as in the Cantrell case, this falls into the kind of false-light situation called a) distortion b) embellishment c) fictionalization d) None of the above

b) embellishment

In the 1986 Riverside Press-Enterprise v. Superior Court case (Press-Enterprise II), the Supreme Court held that: a) preliminary hearings may be closed to the public whenever there is a "reasonable likelihood" that prejudicial publicity would result from an open hearing; b) preliminary hearings may be closed to the public only when there is a "substantial probability" that an open hearing would produce prejudicial publicity and closing the hearing would actually prevent the publicity; c) preliminary hearings must be closed to the public whenever the defendant requests it; d) preliminary hearings may not ever be closed to the public; e) jury selection must normally be open to the press and public.

b) preliminary hearings may be closed to the public only when there is a "substantial probability" that an open hearing would produce prejudicial publicity and closing the hearing would actually prevent the publicity;

How is the tort of disclosure of private facts different from libel? a) Truth is the major defense to disclosure of private facts b) In the private-facts tort, the content need not be objectionable c) Disclosure of private facts concerns the dissemination of accurate information d) The disclosure of private facts tort deals exclusively with public figures, not private persons

c) Disclosure of private facts concerns the dissemination of accurate information

In a 1964 decision, a plurality of the Supreme Court said the case cited in the last question required national standards for obscenity. This 1964 case was: a) Hannegin v. Esquire; b) Roth v. U.S.; c) Jacobellis v. Ohio; d) Cohen v. California; e) Jenkins v. Georgia.

c) Jacobellis v. Ohio;

The basic rationale for heavier government regulation of broadcasting than of the print media is that: a) radio and television are entertainment and have no First Amendment protection; b) the propaganda potential of the electronic media is so great that more protection is needed; c) broadcasters are given the exclusive use of a scarce resource (the radio spectrum) and must use it "in the public interest, convenience and necessity;" d) broadcast advertising is too pervasive and persuasive to be left unregulated; e) the broadcast media are more technically complex and need more government assistance to maintain good technical standards.

c) broadcasters are given the exclusive use of a scarce resource (the radio spectrum) and must use it "in the public interest, convenience and necessity;"

The Supreme Court ruled in Arkansas Educational Television Commission v. Forbes that: a) politicians are entitled to free airtime; b) politicians are not entitled to free airtime; c) even public broadcasters may carry debates featuring only the major candidates; d) public broadcasters must include all candidates in debates; e) Arkansas stations had to cover candidates other than Bill Clinton.

c) even public broadcasters may carry debates featuring only the major candidates;

In the U.S., privacy against the mass media is enforced primarily through a) the personal privacy clause of the Constitution. b) federal civil rights statutes. c) four separate privacy torts. d) criminal trespass laws.

c) four separate privacy torts.

The free press-fair trial controversy stems from a conflict between the guarantee of a free press in the First Amendment and the right of the accused to a trial before impartial jurors, set forth in: a) the Smith Act; b) the Fourth Amendment; c) the Sixth Amendment; d) Article I, Section II of the California Constitution; e) the Brown Act.

c) the Sixth Amendment

The Supreme Court ruled that commercial speech had no First Amendment protection in a 1942 case: a) Bigelow v. Virginia; b) First National Bank v. Bellotti; c) Valentine v. Chrestensen; d) Central Hudson Gas and Electric Co. v. Public Service Commission;

d) Central Hudson Gas and Electric Co. v. Public Service Commission;

What is the basic theory behind appropriation law? a) Individuals should never be photographed without their consent. b) The news media should never falsely portray individuals' personal beliefs. c) Individuals have the right to be free from unwanted observation by the media. d) Individuals alone should have the right to control the marketing or exploitation of their own personages.

d) Individuals alone should have the right to control the marketing or exploitation of their own personages.

In 2001, the Sixth Circuit overruled the administrative censorship of a student publication at a public university, upholding its First Amendment rights. The case: a) Hosty v. Carter; b) Papish v. Board of Curators; c) Rosenberger v. Rector and Visitors of the University of Virginia; d) Kincaid v. Gibson;

d) Kincaid v. Gibson;

Reversing an earlier decision, the Supreme Court declared in 2003 that there is a constitutional right of privacy that bars states from prosecuting consenting, adult homosexuals for private acts of sodomy. The case? a) Roe v. Wade; b) Griswold v. Connecticut; c) Bowers v. Hardwick; d) Lawrence v. Texas; e) Rust v. Sullivan.

d) Lawrence v. Texas;

In 1973, the Supreme Court again modified the legal definition of obscenity. The court ruled that the states could abandon the "redeeming social value" test and also allow community standards to vary from place to place (within certain limits). The case: a) Cohen v. California; b) Jenkins v. Georgia; c) Ginsberg v. New York; d) Miller v. California; e) Memoirs v. Massachusetts.

d) Miller v. California;

The U.S. Supreme Court upheld restrictions on advertising for an activity that was "deemed harmful" in the case of: a) Bigelow v. Virginia; b) Virginia Citizens Consumer Council v. Virginia State Board of Pharmacy; c) Bates v. Arizona State Bar; d) Posadas de Puerto Rico v. Tourism Company of Puerto Rico;

d) Posadas de Puerto Rico v. Tourism Company of Puerto Rico;

In Time, Inc. v. Hill, the Supreme Court ruled that: a) celebrities can prevent magazines from publishing information about their private lives; b) the fact that a celebrity is gay is newsworthy and not private; c) public figures must prove negligence to win an invasion of privacy lawsuit; d) a family that was held hostage by escaped convicts had to prove actual malice to win a false light privacy case against a magazine; e) a person's sex change surgery was newsworthy.

d) a family that was held hostage by escaped convicts had to prove actual malice to win a false light privacy case against a magazine;

The Equal Time provision of the 1934 Communications Act (Section 315) applies to: a) anyone or any issue that is commented upon in an editorial, news program, documentary, or advertisement; b) anyone or any issue commented upon in a news program only; c) anyone or any issue that is commented upon in non-news programs; d) opposing political candidates only; e) all of these.

d) opposing political candidates only;

In Branzburg v. Hayes, the Supreme Court held that: a) contempt of court is possible even if the contemptuous act occurs some distance from the courtroom; b) contempt citations violate the First Amendment when used to prevent media commentary, unless there is a clear and present danger to the administration of justice; c) reporters must always testify when ordered to do so by a judge; d) reporters must testify before federal grand juries, but there may be other times when reporter's privilege exempts them from testifying; e) all of these.

d) reporters must testify before federal grand juries, but there may be other times when reporter's privilege exempts them from testifying;

The U.S. Supreme Court ruled that the First Amendment does not ordinarily protect officially sponsored high school newspapers from administrative censorship in the case of: a) Bethel School District v. Fraser; b) Tinker v. Community School District; c) Leeb v. DeLong; d) Papish v. Board of Curators; e) Hazelwood School District v. Kuhlmeier.

e) Hazelwood School District v. Kuhlmeier.