Media Law Final
To compel a reporter to testify, the court must meet which of the requirements below?
All of the other choices
When would the secret identity of an anonymous poster not likely be protected online?
All of the other choices
Which of the claims below would be classified as a tort under the area of privacy invasion?
All of the other choices
Which of the following are valid reasons police could use to seize work products from a reporter's desk?
All of the other choices
Which of the following is a required element of a valid contract?
All of the other choices
The "fighting words" doctrine originated in what Supreme Court decision below?
Chaplinsky v. New Hampshire (1942)
Congress managed to free cable systems from certain demands imposed by local franchise agreements, and capped franchise fees at 5% of gross revenues through passage of the ____.
Federal Communications Act
The ___________ was given responsibility to regulate both wired and wireless communications - replacing the Federal Radio Commission.
Federal Communications Commission
The New York broadcast of comedian George Carlin's routine "Seven Words You Can Never Say on Television" on the radio led to which landmark case?
Federal Communications Commission v. Pacifica (1978)
The _________ was created to make reasonable regulations governing potential radio frequency interference.
Federal Radio Commission
The First Amendment of the U.S. Constitution has been incorporated to all the states by application of the _________ Amendment of the U.S. Constitution
Fourteenth
Which of the following cases involved U.S. censorship of motion picture films?
Freedman v. Maryland (1965)
Which of the following is a system that broadcasts local channels to subscribers via microwave signal?
Multichannel multipoint distribution
TV stations trying to secure a spot on the local cable system can rely on what legal option below?
Must-carry
A number of courts recognize the right of publicity privacy for the estate of dead celebrities. An example of this is the
Personal Rights Protection Act of Tennessee
Under the First Amendment what type of venue is a social media site?
Private site subject to corporate guidelines and restrictions
A newspaper reporter promises his source to keep the source's identity confidential when running a story that indicts his employer. The secret source is accidentally named in the story and subsequently fired from his job. What legal doctrine allows the source to sue for damages?
Promissory estoppel
A 1940 law that made it a crime for any foreign citizen or American to teach or advocate "destroying any government in the United States by force or violence" is known as the
Smith Act
Adopted in 1935, __________ functions, in part, to protect employees from punishment for engaging in union activity.
The National Labor Relations Act
Which of the following actions is a regulation on media ownership?
The Sherman Antitrust Act
Which of the following acts of Congress served to increase competition in the broadcasting industry with other electronic media?
The Telecommunications Act of 1996
What Supreme Court decision granted legal protection to video recorder manufacturers because their machines were found to be capable of legitimate uses, not just infringing ones where owners took content from TV channels without pay or permission?
Universal City Studios v. Sony Corporation of America
The _____ Act of 2010 required every large oceangoing vessel traveling more than 200 miles from port.
Wireless Ship
Which of the following is an example of intrusion?
Wiretapping a neighbor's home phone
Horizontal integration occurs when a single media company
acquires other media businesses of the same nature
Trademarks are different than copyrights because their ownership ___.
can be renewed in perpetuity
If police arrested a local politician for publishing on social media unfounded allegations of embezzlement against the sheriff, the offense charged most likely would be ___ .
criminal libel
Anyone voluntarily injecting his or herself into a particular public controversy and becoming prominent for a limited range of issues is identified by legal definition as a/n ___ .
limited purpose public figure
The defamation defense contending all sides of a story were impartially conveyed without harmful intent is called __ .
neutral reportage
Zones of privacy specified in claims of intrusion typically cover which item below?
newsgathering techniques where journalists record images, sounds, and voices without consent
How many justices sit on the U.S. Supreme Court?
nine
A product's claim considered too outlandish to be believed by a reasonable person is __?
puffery
The court-ordered award not intended to make the plaintiff whole, but to act as a deterrent against this sort of offensive conduct by others is called ___ .
punitive damages
A pretrial decision by a judge to dismiss a libel case showing little chance for success is called ___ .
summary judgment
The sale of erotic (though not necessarily obscene) materials to minors can be prohibited by the doctrine of____ .
variable obscenity
Which of the following items are considerations for the court to address before issuing a suppression (gag) order to control media coverage of trial or pre-trial activities?
All of the other choices
Which one(s) below are items protected by appropriation claims of privacy invasion?
All of the other choices
Which of these groups is the professional organization for lawyers in the U.S.?
American Bar Association (ABA)
Which one of the following companies was found liable for two types of copyright infringement - contributory and vicarious -- but after losing a famous court battle opted to become a legal service?
Napster
The type of sexual content where Miller rule would not be used as criminal evidence is ____ .
child pornography
Retail stores larger than ___ square feet must pay licensing fees for the performance of copyrighted music.
2,000
Which advertising law below would be unlikely approved by the Central Hudson test?
A medicinal marijuana commercial in a state where all products of cannabis are illegal.
If material is determined to be obscene, laws can prohibit its_____, even by consenting adults, but not its possession.
All of the other choices
Internet Service Providers (ISPs) are protected by Sec. 230 of the Communications Decency Act from certain liabilities, and that same protection also extends to which participants below?
All of the other choices
On occasion, the Supreme Court has found pre-trial publication of certain items of information to be "presumed prejudicial." Which one(s)?
All of the other choices
The distinction made between "libel per se" and "libel per quod" is shown by associating which allegations below to the former term?
All of the other choices
All but one of these familiar names became a generic item for lack of a defense against infringement. Which product below is still a trademark brand in the U.S.?
Band-Aid
The first ten amendments to the United States Constitution are called the
Bill of Rights
U.S. Supreme Court has ruled the constitutional basis for privacy is found in the ___.
Bill of Rights
Which of the following is an example of the public disclosure of private facts?
Blog post attaches a photo of a hospital patient being treated for a sexually transmitted disease
Which item below is sufficient to hold a reporter liable for public disclosure of private facts?
Both of the other answers
Different types of music licenses are used by agencies like ASCAP and BMI. Which one gives the owner permission to use the work in perpetuity?
Buy-out license
What law gave the Federal Trade Commission power to prevent websites from collecting data from those youngsters under the age of 13 without parental permission?
Communications Act of 1934
The Supreme Court found which one of the following created a "chilling effect" on expression in its attempt to regulate the internet content to protect minors
Communications Decency Act
In creating trademarks, companies are afforded the greatest protection for marks that are ___ .
Distinctive
The FCC uses the term, _____ , to define a situation where one owner has taken control of two television stations in a single market.
Duopoly
The Privacy Shield Framework was enacted to allow people to tell companies to delete personal data in what area of the world?
European Union
What is the federal ruling regarding daily fantasy sports betting?
Fantasy sports betting is fine, if the state government allows it.
Which of the following cases involved the FCC's attempt to regulate fleeting expletives?
Federal Communications Commission v. Fox (2009)
Supreme Court decision establishing the right of political expression in public spaces like parks is ___________ .
Hague v. CIO (1939)
What early standard under the British Common Law stated if any part of a work is found to raise sexual desires on the most susceptible mind, then the entire work is to be judged as obscene?
Hicklin rule
How does the UIGEA impact online gambling?
It restricts financial transactions for online gambling.
Satellite television systems challenged cable's status as a "natural monopoly " becoming part of the growing competition offering viewers new television options the FCC labeled as _____?
MVPD - multichannel video program distributors
The authority of appellate courts to exercise judicial review can be traced back to which landmark case?
Marbury v. Madison (1803)
Which of the following items is the best example of a public official as defined by libel law?
Mayor of a small town
Which of the following can be copyrighted?
None of the other answers
In order to modify, delete, or introduce new regulation, the FCC must first issue a __________.
Notice of Inquiry
In response to licensing infractions, the FCC may issue all of the following sanctions except ___?
Notice of Investigation
Licensing revenues for ASCAP increased dramatically in 1923 when this agency started collecting music performance rights from the ____ ____.
Radio stations
At the end of the rulemaking process, the final decision of the FCC is issued in the form of a _____, which is published by the U.S. Government Printing Office in the ____.
Report and Order/Federal Register
In order to have a legally sufficient case for libel, a plaintiff must show injury to reputation. That standard might be difficult to meet for what reason below?
Reputation already tarnished beyond recovery
Federal legislation requiring employers to provide equal employment opportunities prohibit them from making decisions on firing and hiring based on all of the following classifications except ___ .
Residence
Freedom of expression is derived from rights guaranteed by the First Amendment to the U.S. Constitution explicitly including all of the following ones except for___________.
Right to privacy
Which of the following cases involves obscene commercial phone messages?
Sable Communications v. FCC (1989)
What item below would not be an offense under the Computer Fraud & Abuse Act?
Sharing Netflix passwords without notifying Netflix
The right to an impartial jury is guaranteed by which part of the Bill of Rights?
Sixth Amendment
Police units in some parts of the U.S. use this device to track cell phone calls without a warrant; it is called a _____.
Stingray
The Tinker test is based on a Supreme Court ruling that holds ___________ .
Students are allowed freedom of expression on school grounds unless it poses a material, substantial disruption to education
Which of the following would be an example of false light invasion of privacy?
TV anchor erroneously reports a childless kindergarten teacher elected "Mother of the Year"
Community Antenna Television (CATV) was born during the TV license freeze (1948-1952), but it grew to become a national concern for media regulation due to what circumstance?
TV broadcasters complained of cable systems importing distant channels into local markets.
The U.S. Congress banned the "importation of all indecent and obscene prints, paintings, lithographs, engravings and transparencies," into the country and gave government the authority to dispose of pornographic cargo from France or other foreign ports with this legal document.
Tariff Act of 1842
The revolutionary principle of making truth a defense against libel charges came to light in
The Crown v. Zenger (1735)
What is the federal court's standing on social media providers blocking users?
They are allowed to discontinue or block service for any reason.
Which country's government will not block website content or halt viewer access?
USA
Political speech includes all of the following except which one below?
Wearing a jacket in courthouse with a profane slur against the draft lettered on the back
Which of the following cannot be copyrighted?
White pages of a telephone book
Broadcast messages containing information of public interest obtained by illegal wiretap were at the center of which of the following cases?
Zacchini v. Scripps-Howard Broadcasting Co. (1977)
Which landmark ruling below by the Supreme Court confirmed the right of publicity for performers who want to protect their public performance from others using without consent?
Zacchini v. Scripps-Howard Broadcasting Co. (1977)
In libel law, the fault element defined as knowledge of falsity or reckless disregard for truth is ____ .
actual malice
The landmark case of New York Times Co. v. Sullivan (1964) established a standard of fault for defamation claims filed by public officials in civil court known as ____.
actual malice
Where will an allegation made by the FTC of criminal wrongdoing be heard first?
administrative law judge
The First Amendment admonishes congress to make "no law" abridging the freedoms enumerated therein. Constitutionally that includes all but which one?
appointment of a judge
The privacy tort guarding against the use of one's likenesses for commercial gain without permission is ____ .
appropriation
Which of the following is a part of the post-trial phase of a civil case?
awarding of damages
What legal standard was used in the early twentieth century allowing government to criminalize speech thought capable of contributing to U.S. government military failure?
bad tendency test
Which of the following would not be heard in criminal court?
case involving a property dispute
The Latin term _________ was originally applied to the area of consumer advocacy signifying the attitude that consumers should be skeptical of all advertisements
caveat emptor
A court order to move a trial to a remote spot away from news publicity is a ___ ?
change of venue
Leased access channels are
channels that provide reduced rate airtime on cable to independent programmers
U.S. courts may find legislation unconstitutional where the government discourages communication so that speakers voluntarily restrict their speech for fear of subsequent punishment despite the fact their message is lawful. The Supreme Court referred to this threat to free speech as __________ .
chilling effect
This sanction issued as a penalty by the court for the purpose of compelling a reporter to testify is called a ____?
civil contempt citation
Employment laws generally apply to all of the following except
college interns
Copyright law's foundation is found among the powers of the U.S. Congress in what is known as the ______ clause (Art. 1, Sec. 8) of the U.S. Constitution.
commerce
Regulation of broadcast by government radio licensing is constitutionally permissible under the ________ clause of the United States Constitution.
commerce
A ___________ is a communication system that transmits via wire or airwaves based on nondiscriminatory access for sources and messages.
common carrier
In the 1976 case of Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, the U.S. Supreme Court held that the state's interests in the advertising regulation were outweighed by the ____________.
consumer's interest in gaining accurate price information
Any act which is calculated to embarrass, hinder or obstruct a court in its administration of justice, or which is calculated to lessen its authority or its dignity can be punished as ______ ?
contempt of court
Rules prohibiting certain types of content or viewpoints from free expression are called ____ .
content-based restrictions
The procedure that postpones legal proceedings until a later date is known as a ___ ?
continuance
Which of the following is an example of injunctive relief?
court order to remain a certain distance away from a person
Governments have attempted to exercise control over the press through which of the following tactics?
court-ordered injunctions, prior restraints, discriminatory taxes (All of the other choices)
A landmark ruling refers to a
decision that establishes a new legal principle
Holding up a person's reputation to ridicule, scorn or contempt to a respectable part of the community defines the tort of ___ .
defamation
Acts of defiance or disruption taking place inside the courtroom, including acts of aggression during courtroom proceedings would be best described as ___ ?
direct contempt
Synchronization rights to music contrast with licensing arrangements, and instead are obtained ___ .
directly from the song's author
Mail-out advertising for energy saving appliances was the subject of the litigation in the landmark case of Central Hudson Gas & Electric Corp. v. Public Service Commission (1980), but the winner was the __________?
energy company because the rule articulated was overly broad.
Federal agencies have legal authority to
enforce rules, decide appeals to rule enforcement, draft rules (All of the other choices)
All of the following are measures taken by the Federal Trade Commission to deal with deceptive advertising complaints except for one item. Which one below does not belong?
factory rebates
An invasion of privacy claim where the plaintiff can show the defendant's publication wrongly presented him or her in a manner that's highly offensive to a reasonable person is ____ .
false light
Publication, identification, falsity and highly offensive content are required to prove a case of ___ .
false light
Speech which by its very utterance inflicts injury or tends to incite an immediate breach of the peace was defined by the Supreme Court as ____ .
fighting words
The Federal Communications Commission has ____ members and each one represents a/n ____.
five/political party
Copyright exists the moment that a creative work is ______ .
fixed in a tangible medium of expression
An intentional material misrepresentation of fact the plaintiff relies on to his or her detriment is called ____ .
fraud
A restricted space created in public to confine the movements of protesters, political activists, or other speakers by limiting them to a particular place on public property is a ____
free speech zone
Suppose Aaron Wannabe is offered a job with the law firm of Amber, Lance & Chaser. During the interview, senior partner Lance discusses with Wannabe their unwritten policy of the firm requiring new hires to work for at least three years. Wannabe, however, tries to terminate his employment after just two years when offered the drummer's position in a band. If a legal arbitrator finds Wannabe must remain with the firm for the full three years, what term below is likely relevant?
implied acceptance
A traditional public forum is public property that _________ .
includes streets, sidewalks, and parks; has strong First Amendment protection; is open for expression and assembly (All of the other choices).
Which of the following is not an example of a structural regulation in terms of FCC policy?
indecency enforcement
A formal accusation that a person has committed a felony or serious crime is a(n)
indictment
If an act of defiance to court orders occurring outside the courtroom, such as the failure to appear at trial when subpoenaed would be best described by what term below?
indirect contempt
An equitable remedy requiring one to take action or refrain from activity is called a/n ___ .
injunction
A rule used by some courts to separate defamatory statements from acceptable expressions is the ___.
innocent construction rule
The illegal business practice where market participants base decisions on confidential information not known generally to the market is known as ____ .
insider trading
The privacy tort protecting you from others encroaching on your personal space and data is called ___ .
intrusion
Which of the following areas would not qualify as a traditional public forum?
jails, military bases, schools (All of the other choices)
Judges statements, direction, or advice to jurors, or anyone, at trial is known as ___ ?
judicial admonition
Common Law refers to the
legal system of precedents developed by rulings by judges and court decisions
Printed or written statements held to be untrue and cause harm to one's reputation are called ____ .
libel
For a single-authored work, copyright generally exists for what period of time?
life of the author plus 70 years
The First Amendment theory holding that individuals will choose the best and most truthful idea when all ideas are available is
marketplace of ideas
The breach of a duty resulting in reasonably foreseeable harm is known in civil law as
negligence
The landmark case Brandenburg v. Ohio (1969) established what doctrine below?
only direct incitement to imminent lawless action would remove constitutional protection for political speech.
In libel law, a defendant cannot be found liable for defamation if his/her statement is held to be ____ .
opinion
In libel law, the requirement of identification means the defamation is of and concerning the ____ .
plaintiff
Radio stations that pay blanket license fees to ASCAP and BMI have the right to _______ .
play their songs over the airwaves
The rule in criminal trials including the pre-trial hearings is the proceedings are presumptively open to the public and press due to the ____ ?
presumptive right of access
The Federal Trade Commission (FTC) was originally created to prevent anti-competitive business practices, but that has allowed it to deal with which of the following issues?
prevent deceptive advertising
A benefit, immunity, or exemption extended only to a specific group of people (such as journalists) granting immunity from being forced to reveal sources is called a ___?
privilege
"Coogan's Law" requires which of the following items on behalf of child actors and performers?
producer to pay at least 15 percent of a child actor's fee to a trust account accessible only by the actor once he/she reaches the age of majority
When the Constitution grants for "limited times to authors and inventors the exclusive right to their respective writings and discoveries," it implies eventually copyright ownership will transfer to ___?
public domain
In defining the elements of libel, the dissemination of a defamatory statement to others is called ___ .
publication
The required element in libel claims proving the defendant conveyed false and harmful information about the plaintiff's personal reputation to a third party is ___ .
publication
YouTube is careful to avoid liability for acts of copyright infringement because it ___ .
removes videos immediately if told it is infringing copyright.
Network neutrality is no longer an FCC policy, but its mandates did seek to achieve the ____
requirement internet service providers would not treat apps and websites differently by increasing or decreasing download speeds
The right of individuals to associate with groups of their own choosing is derived from what First Amendment freedom below?
right of peaceable assembly
A bundle of rights for copyright ownership covers all rights below but one. Which one is wrong?
right to hold title to the work in perpetuity
The National Labor Relations Act (NLRA) grants all of these rights to employees except ___.
right to pass through picket lines during strikes and walkouts
Which of the First Amendment rights was addressed in the Declaration of Independence due to the British government's indifference to colonial grievances?
right to petition government for redress
For broadcasting, the hours between 10 p.m. and 6 a.m. are identified by the FCC as ____ .
safe harbor
The common law crime of advocating, and intending to bring about harm to the government is called ___ .
sedition
The common law crime of punishing speech harmful to the government is called ___ .
seditious libel
Grace feels very strongly about what she calls the right to life for the unborn. Which of the four values of free expression espoused by Professor Thomas Emerson best describes Grace's determination to speak out on the issue?
self-fulfillment
The process of keeping the jurors secluded so that no one talks with them about the trial outside of court is called ___ ?
sequestration
Which of the following is held not to be constitutionally protected free speech?
sharing online classified military documents
State laws in 49 states affording privilege to journalists to not disclose information (i.e. notes and other materials) obtained during their newsgathering activities
shield laws
Historically, defamation was divided by law into print and spoken words, and so the latter is called __ .
slander
The restrictions defined by the "doctrine of first sale" ensure which one of the following happens?
software resale or distribution for profit is prohibited
A local car dealership runs a commercial spot featuring the dealer standing beside a white sport utility vehicle boasting of its safety and its fuel efficiency -- twenty-five miles to the gallon, fully loaded with a seven-year warranty of $32,000. Which of the following elements would be described as unfair advertising based on what you know at this point?
spot fails to mention JD Powers rating for vehicle
The highest level of scrutiny courts apply when reviewing laws is ___.
strict scrutiny
The Hazelwood case recognized the difference between protecting school expression in terms of___ .
student-generated speech and classroom instruction
A court order issued for someone to appear at trial or another legal forum is called a ___ ?
subpoena
To be lawful, the FTC requires advertisements be all of the following except ___ .
succinct
By virtue of secrecy and confidentiality agreements, Americans can cede their right of free speech on the basis of their ____ .
terms of employment
The right of famous people to control and profit from their persona and public identity without fearing its use by others to their undeserved benefit is called ____ .
the right of publicity
The reason pretrial publicity is considered an obstacle to the constitutional rights of the defendant is because it ____?
threatens right to an impartial jury
The crime of betraying one's sovereign nation and aiding its enemies is ___ .
treason
The common law tort protecting people from interference with their person, land, and possessions is ____ .
trespass
Which of the following could be a ruling by a court of appeals?
trial court verdict upheld or reversed
Which one is an early case of appropriation lacking legal grounds to win in a New York court?
unauthorized use of Abigail Roberson's face on flour packaging in Albany, NY
Determination of whether use of copyrighted material is a fair use does not consider the ____ .
whether the user profits from the use
