Media Law Questions
The MOST IMPORTANT difference between trial courts and appellate courts is that:
Trial courts establish the facts in a case; Appellate courts rule on questions of law.
all of the following are examples of agencies that create administrative law except
U.S. Congressional Budget Office
All of the following are possible routes for a case to make it to the U.S. Supreme Court EXCEPT:
U.S. District Court to U.S. Circuit Court of Appeals to the U.S. Supreme Court
North Carolina is in which federal appellate circuit?
4th
A U.S. Supreme Court justice who joins the majority opinion but who has different legal reasons for agreeing with the majority will often write what kind of opinion?
A concurring opinion
In Near v. Minnesota, Near was convicted under:
A public nuisance statute
all of the following are examples of prior restraint except:
depositions
A content-based law is a law that is created to advance a government interest that is unrelated to the suppression of speech.
false
All state court decisions are eligible for U.S. Supreme Court Review.
false
Appeals courts have a juries.
false
The court in U.S. v. The Progressive found that enjoining the publication violated the First Amendment.
false
How many freedoms does the first amendment grant
five or six
What which was NOT one of the examples given by the court in Knight v. Trump to argue that President Trump's Twitter account was an official government account?
he has used the account to promote government speech
You decide to play your violin in the Pit. This is a form of free expression best represented by which First Amendment theory?
individual liberty/self-fulfillment
Justice Blackmun's dissent in New York Times v. United States, accused the majority court of what?
Being First Amendment absolutists.
All of the following are law except
Bills
The law at issue in Citizens United was called the
Bipartisan Campaign Reform Act
Why did Justice Alito feel he needed to write a concurring opinion in Packingham?
He thought the majority opinion might be interpreted to mean that the government could never prohibit sex offender use of the internet, He did not agree with equating speech on the internet to speech in public streets and parks, tThere are important differences between cyberspace and the physical world that make the internet potentially more dangerous for children.
What was the name of the case in which SCOTUS decided political speech is protected even if the person being punished for that speech was not actually speaking?
Heffernan v paterson
What is a traditional public forum?
Lands that are owned by the government that have been historically opened up for free expression (streets and parks).
In the Pentagon Papers case that the U.S. Supreme Court in 1971, the Nixon Administration tried to:
Stop the presses of the New York Times and the Washington Post.
What is prior restraint?
Stopping someone from speaking or publishing.
Article One of the Constitution gives which branch of government its power?
legislative
Which branch of government can perform the most checks on the other branches?
legislative
Who has the power to create the lower federal courts?
legislature
Who creates statutory law
legislatures
Which of these NC courts is a trial court?
nc superior court and the nc district court
what is the importance of precedent in the study of law
past cases that help decide current cases before courts
Which of these is an example of a compelling government interest?
protecting public health and safety
The type/s of corruption can Congress prevent according to the majority in McCutchen v. FEC?
quid pro quo
Which of the following theory of the First Amendment espouses free speech toward better governance:
self-governance
In Reed v. Town of Gilbert, the Court found that the law was content-based which means they applied ___
strict scrutiny
The "marketplace of ideas" in First Amendment law posits that freedom of speech leads to:
the truth
Reed v. Town of Gilbert was a 9-0 decision by the Supreme Court.
true
The Executive branch is in charge of carrying out U.S. law.
true
The state action doctrine is the principle that the Constitution and its protection of rights and equality applies only to the government. Private entities do not have to comply with the Constitution.
true
north Carolinas state constitution protects freedom of speech and press
true
the right to an education in NC is an explicit right in the NC constitution
true
When someone wants his case heard by the U.S. Supreme Court, the following must be filed:
writ of certiorari
What Court issued the U.S. v. Progressive Opinion?
a federal district court in Wisconsin