pt 2 401
Which advertising law below would be unlikely approved by the Central Hudson test? a) A medicinal marijuana commercial in a state where all products of cannabis are illegal. b) A rule requiring automobile spots reveal price tags include tax, title, and license. c) An FDA regulation requiring prominent language warning of health risks for medications.
a
Which country's government will not block website content or halt viewer access? a.) USA b.) North Korea c.) China d.) Germany e.) none of the above
a
Which of the following cases involved the FCC's attempt to regulate fleeting expletives? a.) Federal Communications Commission v. Fox (2009) b.) Federal Communications Commission v. Pacifica (1978) c.) Federal Communications Commission v. Comcast (2010) d.) United States v. Playboy Entertainment Group (2000)
a
Which of the following groups established a video game rating system in 1994? a.) Entertainment Software Rating Board b.) Federal Communication Commission c.) Academy of Interactive Arts and Sciences d.) International Electronic Game Association
a
Which of the following is not a labor union specifically for media employees? a.) American Federation of Labor and Congress of Industrial Organizations b.) National Association of Broadcast Employees and Technicians c.) International Alliance of Theatrical Stage Employees d.) Screen Actors Guild
a
Which of the following required oceangoing vessels to have wireless radio operators on duty twenty-four hours every day? a) Radio Act of 1912 b) Vessel Communications Act of 1910 c) Wireless Ship Act of 1910 d) Transition and Public Safety Act of 1912 e) Radio Broadcast Act of 1912
a
The Latin term _________ was originally applied to the area of consumer advocacy signifying the attitude that consumers should be skeptical of all advertisements a) res ipsa b) caveat emptor c) cassus omissus d) odium e) certiorari
b
The National Labor Relations Act (NLRA) grants all of these rights to employees except ___. a.) right to form labor organizations b.) right to pass through picket lines during strikes and walkouts c.) right to bargain collectively through representatives d.) right to engage in concerted activities for the mutual aid and protection
b
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? a.) Federal Communications Commission v. Fox (2009) b.) Federal Communications Commission v. Pacifica (1978) c.) Federal Communications Commission v. Comcast (2010) d.) Federal Communications Commission v. League of Women Voters (1984)
b
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? a.) prevent deceptive advertising b.) intervene on illegal securities and exchange trading c.) review disputes between electronic media stockholders d.) prohibit trade in indecent pornography e.) none of the above
a
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. a.) Tariff Act of 1842 b.) Communications Act of 1934 c.) Commission on Obscenity and Pornography 1970 d.) National Indecency Act 1886
a
Trademarks are different than copyrights because their ownership ___. a) can be renewed in perpetuity b) cannot be sold or transferred c) can only be obtained on words, logos or phrases, not physical attributes d) expire after 70 years e) require the permission of the trademark owner to be mentioned by anyone else at any time.
a
Under the Central Hudson test, government must be pursuing a(n) ___________ interest in regulating commercial speech. a.) substantive b.) democratic c.) citizens d.) advertising e.) none of the above
a
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? a.) Hicklin rule b.) Fanny Hill test c.) Memoirs rubric d.) the French Postcard rule
a
What is the federal court's standing on social media providers blocking users? a.) They are allowed to discontinue or block service for any reason. b.) Providers must have a reason for blocking service. c.) Only sex offenders and predatory criminals may be blocked. d.) A user must break the law to be blocked. e.) none of the above
a
What is the federal ruling regarding daily fantasy sports betting? a.) Fantasy sports betting is fine, if the state government allows it. b.) Fantasy sports betting is illegal at the federal level. c.) If it's between friends, there isn't a problem. d.) Federal law prohibits fantasy sports betting in the U.S. e.) none of the above
a
What law was signed into effect in response to video depictions of animal cruelty? a) The Animal Crush Video Prohibition Act b) Canine Online Protection Act (COPA) c) Humane Approach Preventing Pet Insensitivity Naturally Established Sensibility (HAPPINES) d) none of the above
a
A political candidate as defined by FCC terms is legally qualified based on all of the following factors except ______ . a) publicly announced candidacy b) placement on the ballot c) budget of sufficient funding d) meets qualifications for political office e) eligibility for write-in voting
c
A product's claim considered too outlandish to be believed by a reasonable person is __? a.) exaggeration b.) deception c.) puffery d.) unreasonable e.) parody
c
American cable television actually marks it beginning with the creation of _____ . a) satellite television b) coaxial transmission cables c) community antenna television (CATV) d) radio and television transmission towers e) all of the above
c
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 ______ ? a.) change of venire b.) voir dire c.) contempt of court d.) subpoena
c
Congress put an end to natural monopolies and allowed for the sale of video, online, and phone services by the cable, satellite, and telephone industries, thanks to what congressional legislation? a) Communications Act of 1934 b) Copyright Act of 1976 c) Telecommunications Act of 1996 d) Cable Consumer Protection Act of 1992 e) none of the above
c
During deregulation era in broadcasting, the license term was expanded to ___________ years. a) three b) seven c) eight d) five e) one
c
Expeditious handling of a FOIA is least likely to be granted in which of the following situations? a.) imminent threat to personal safety b.) threat to due process c.) possible harm to reputation d.) foreseeable harm to a humanitarian interest e.) serious threat to human life
c
How does the UIGEA impact online gambling? a.) It prevents U.S. citizens from betting on European sporting events. b.) It prevents non-member countries from hosting online gambling. c.) It restricts financial transactions for online gambling. d.) It allows for online gambling in countries willing to sign the immunity clause. e.) none of the above
c
In creating trademarks, companies are afforded the greatest protection for marks that are ___ . a) Complex b) Descriptive c) Distinctive d) Fanciful e) Poetic
c
In denying a FOIA request, the agency may include a(n) ____________ in the response, which is an official list of the withheld records and justifications for the denial of disclosure. a.) Federal Register b.) Response Itemization c.) Vaughn Index d.) Itemized Denial e.) Reno List
c
This sanction issued as a penalty by the court for the purpose of compelling a reporter to testify is called a ____? a.) criminal contempt citation b.) subpoena c.) civil contempt citation d.) none of the above
c
What Communications law makes it illegal for MVPDs to bargain in bad faith for broadcast channel carriage based on FCC's standard of good-faith negotiation? a) Equal opportunities act b) Fairness doctrine c) Sec. 325 of Comm. Act d) Sec. 315 of Comm. Act e) none of the above
c
"Coogan's Law" requires which of the following items on behalf of child actors and performers? a.) child actors to work no more than 2 hours per day b.) teachers be provided at the work site for all school-aged children c.) parents to be on the work site with their children at all times d.) 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
d
A U.S. company wishing to take control of one of its publicly traded competitors must disclose what to the SEC? a.) name of the target company b.) number of shareholders involved c.) reason for the merger d.) all of the above
d
A court order issued for someone to appear at trial or another legal forum is called a ___ ? a.) indirect contempt b.) direct contempt c.) contempt of court d.) subpoena
d
A judge's order to block trial participants from speaking in public on a trial is a ___ ? a.) subpoena b.) change of venire c.) voir dire d.) suppression or gag order
d
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? a.) Habeus corpus b.) Nolo contendere c.) Writ of mandamus d.) Promissory estoppel
d
Which of the following court decisions served to establish the need for licensing by showing how the U.S. Commerce Dept. Secretary had no legal authority to sanction stations operating without a license with interfering with other station broadcasts? a) FRC v. Nelson Bros. Bond & Mortgage Co. b) United States v. Zenith Radio Corp. c) Hoover v. Intercity Radio Co. d) b and c e) a, b, and c
d
Which of the following is a required element of a valid contract? a.) Offer b.) Consideration c.) Acceptance d.) all of the above
d
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? a.) nature and extent of the pre-trial news coverage b.) alternatives to a gag order that would provide for a fair trial c.) likelihood that a gag order would actually ensure a fair trial d.) all of the above
d
Determination of whether use of copyrighted material is a fair use does not consider the ____ . a) purpose of the copyrighted work b) nature of the (re)use c) amount and substance of the copyrighted work used d) impact on the market for the copyrighted work e) whether the user profits from the use
e
For a single-authored work, copyright generally exists for what period of time? a) 50 years b) 70 years c) life of the author d) life of the author plus 50 years e) life of the author plus 70 years
e
For purposes of assessing fees, FOIA requests are divided into categories that include all of the following except: a) commercial use requests b) noncommercial scientific institution requests c) freelance journalists requests d) educational institution requests e) charitable organization requests
e
Getting personal data removed from online would be accomplished for what reason(s) below under the Privacy Shield? a.) inaccurate b.) inadequate c.) irrelevant d.) excessive e.) any or all of the above
e
Leased access channels are a) local channels carried by cable network providers b) channels which charge customers on a per-program basis c) cable channels which purchase time on local broadcasting systems d) channels which air special events e) channels that provide reduced rate airtime on cable to independent programmers
e
Suppose the U.S. conglomerate GMG (Giant Media Group) owns and operates 50% of the nation's media, including TV camera manufacturers, video recorders, local radio/TV stations, cable systems, production companies, a cinema theatre chain, and broadcast networks. GMG would be engaged in ____________. a) monopoly b) horizontal integration c) franchise d) natural monopoly e) vertical integration
e
The Electronic Freedom of Information Act (E-FOIA) requires federal agencies to afford the public which of the following options to support openness in government? a.) digital indexing b.) electronic database searches c.) computerized compliance process d.) electronic reading rooms e.) all of the above
e
The FCC uses the term, _____ , to define a situation where one owner has taken control of two television stations in a single market. a) Monopoly b) Acquisition c) Merger d) Natural monopoly e) Duopoly
e
The Federal Communications Commission has ____ members and each one represents a/n ____. a) nine/ congressional district b) five/media platform c) seven/broadcasting organization d) three/government agency e) five/political party
e
The Federal Trade Commission investigates all of the following elements in deceptive advertising as set forth in the Deception Policy Statement except for ___ ? a.) omissions b.) reasonable consumer c.) material to decision d.) representations e.) profit and earnings
e
The _________ was created to make reasonable regulations governing potential radio frequency interference. a) Wireless Broadcast Bureau b) Federal Telecommunications Commission c) Federal Communications Commission d) Federal Radio Broadcast Agency e) Federal Radio Commission
e
The __________ Act expanded protection of executive branch records by placing authority over them in the hands of the National Archives. a.) Executive Branch b.) Presidential Archives c.) Executive Records d.) National Archives e.) Presidential Records
e
The first case heard by the U.S. Supreme Court explicitly addressing commercial speech was ____. a.) Patterson Drug Co. v. Kingery (1969) b.) Bigelow v. Virginia (1974) c.) Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) d.) Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (1976) e.) Valentine v. Christensen (1942)
e
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 ____. a) Retransmission Agreements Act b) Cable Television Consumer Protection and Competition Act of 1992 c) Federal Radio Act d) Cable Franchise Policy and Communications Act of 1984 e) Federal Communications Act
d
Employment laws generally apply to all of the following except a) anchors b) independent contractors c) producers d) college interns
d
Fitz N. Tyme is curious about how Navy Judge Advocate Generals (JAG) are compensated - salary or billed time. Tyme files an FOIA request with the Department of the Navy seeking disclosure of this information. The Department of the Navy may likely deny Tyme's request under what exemption to the FOIA? a) Privacy b) National Defense c) Agency Memoranda d) Personnel Rules e) Financial Records
d
If material is determined to be obscene, laws can prohibit its_____, even by consenting adults, but not its possession. a) creation b) performance c) mailing d) all of the above
d
In Miller v. Skumanick (2009), underage teens found themselves in trouble for what communication act? a.) cyberstalking b.) cyberbullying c.) cyberhacking d.) sexting
d
In order to modify, delete, or introduce new regulation, the FCC must first issue a __________. a) Record of Issue b) Notice of Proposed Rulemaking c) Report and Order d) Notice of Inquiry e) Notice of Issue
d
Legal language generally accompanying advance press releases for stock sales warn investors of "risks and uncertainties" that generally covers what item(s) below? a.) changes in interest b.) relative stability of the corporation c.) taxing authorities d.) all of the above
d
When an "influencer" promotes a product by posting comments online, what is required? a.) Nothing; it's called freedom of speech. b.) Hashtags disclosed along with influencer's IP address c.) No comparative advertising allowed by influencers d.) Disclosure of relationship to advertisement's owner and truthful report of experience e.) none of the above
d
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 ___? a) corporate owners b) U.S. Copyright office and the Library of Congress c) inheritors of their estate, including children and family members d) public domain e) private title through auction
d
Which of the following Congressional acts covering child pornography has been upheld? a.) Child Online Protection Act (COPA) b.) Children's Internet Protection Act (CIPA) c.) Child Pornography Prevention Act (CPPA) d.) Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today
d
Which of the following are valid reasons police could use to seize work products from a reporter's desk? a.) Subject of a warrant is suspected of a crime and is not just an "innocent bystander" b.) Injury or loss of life is imminent if the material is not immediately seized c.) Reason to believe documentary materials would be destroyed if subpoenaed d.) all of the above
d
Which of the following cannot be copyrighted? a) A popular hip-hop recording b) A television script c) Cartoon strip in print d) White pages of a telephone book e) Artist's rendering of a soup can
d
Which of the following cases involves obscene commercial phone messages? a.) Jacobellis v. Ohio (1964) b.) FCC v. Fox Television Stations (2012) c.) Paris Adult Theatre I v. Slaton (1973) d.) Sable Communications v. FCC (1989)
d
A ___________ is a communication system that transmits via wire or airwaves based on nondiscriminatory access for sources and messages. a) common carrier b) cable system c) community antenna television tower d) wire carrier e) power grid
a
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 ___? a.) privilege b.) sanction c.) appurtenance d.) concession
a
A court order to move a trial to a remote spot away from news publicity is a ___ ? a.) change of venue b.) change of venire c.) juror discharge d.) none of the above
a
A formal accusation that a person has committed a felony or serious crime is a(n) a.) indictment b.) subpoena c.) presumptive right of access d.) criminal contempt citation
a
Adopted in 1935, __________ functions, in part, to protect employees from punishment for engaging in union activity. a.) The National Labor Relations Act b.) The Federal Trade Commission Act c.) The Securities and Exchange Act d.) The Telecommunications Act
a
Before FOIA, the _________ gave those with "good cause" who were "properly and directly concerned" with records held by the U.S. government the right to inspect agency paperwork. a.) Administrative Procedures Act b.) Federal Communications Act c.) Military Records Act d.) Transparency in Government Act e.) all of the above
a
For broadcasting, the hours between 10 p.m. and 6 a.m. are identified by the FCC as ____ . a.) safe harbor b.) late night c.) false light d.) infomercial time
a
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? a.) indirect contempt b.) direct contempt c.) voir dire d.) subpoena
a
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? a.) Websites hosting offensive material from third parties b.) Websites choosing to edit parts of guest blogs and viewer commentary c.) Websites creating controversial "fake news" stories d.) Websites posting libelous material under anonymous authorship e.) all of the above
a
Judges statements, direction, or advice to jurors, or anyone, at trial is known as ___ ? a.) judicial admonition b.) voir dire c.) continuance d.) sequestration
a
One of the organizations below has been at the forefront of making website(s) and their content accessible to American viewers with disabilities. Which one? a.) federal government b.) Target stores c.) Apple computers d.) Android smart phones e.) none of the above
a
Regulation of broadcast by government radio licensing is constitutionally permissible under the ________ clause of the United States Constitution. a) commerce b) contracts c) free speech d) dormant commerce e) establishment
a
Suppose you are seeking information on American soldiers in Afghanistan. Within 24 hours after a national news program airs a brief report of American troops fighting in an area supposedly void of U.S. military presence, the President issues an Executive Order prohibiting release of military reports relating to troop activity in Afghanistan. Your FOIA request for the troop activity reports falls under what exemption to FOIA? a.) National Defense b.) Statutory c.) Agency Memoranda d.) Personnel Rules e.) Law Enforcement
a
A court order to import jurors from a remote location to ensure fairness is a ___ ? a.) change of venue b.) change of venire c.) juror discharge d.) none of the above
b
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? a) spot fails to mention JD Powers rating for vehicle b) spot ignores faulty airbags failing to discharge properly c) warranty comes without comparable dealer information d) gas mileage actually is less in the city than on the highway e) price does not include tax, title and license
b
Acts of defiance or disruption taking place inside the courtroom, including acts of aggression during courtroom proceedings would be best described as ___ ? a.) indirect contempt b.) direct contempt c.) voir dire d.) subpoena
b
All but one of the following are employment situations where a non-compete clause is appropriate. Which option does not belong? a.) A financial advisor b.) A janitor employed at an amusement park c.) A pharmaceutical research scientist d.) A television anchor
b
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.? a) Aspirin b) Band-Aid c) Escalator d) Kerosene e) Trampoline.
b
All of the following are categories of exemptions under FOIA except a.) Financial Records b.) Academic Records c.) Oil Field Data d.) Agency Memoranda e.) Law Enforcement
b
Amy Cusqurie is a journalist in Washington, DC. She writes a daily column and an online blog about the Federal Communications Commission - including its decisions as well as critiques of the five commissioners. One commissioner has become erratic in his stated reasoning. Cusqurie suspects he has health issues adversely affecting his ability to serve. She submits an FOIA request to view the personnel record regarding this commissioner, but she will most likely be denied under what exemption? a.) HIPPAA b.) Personal Privacy c.) Agency Memoranda d.) National Security e.) Statutory Exemptions
b
As part of the rulemaking process, the FCC will issue a ______, which gives broadcasters a chance to hear the issue and discuss what action, if any, should be taken. a) Report & Order b) Notice of Proposed Rulemaking c) Notice of Inquiry d) Hearing on Issue e) Notice of Hearing
b
Brian Brainchild is a talented graduate student in biomedical science, and believes his work over the past few years can help identify weaknesses in protective gear utilized by American troops in combat. He submits an FOIA request to the Department of the Defense seeking disclosure of the makeup of the gear currently produced under contract with Lockheed Martin. Brainchild's request is denied, but under which exemption to FOIA? a.) National Defense b.) Trade Secrets c.) Statutory d.) Privacy e.) Law Enforcement
b
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? a) Online video distribution created intense competition for cable and satellite systems b) TV broadcasters complained of cable systems importing distant channels into local markets. c) Radio stations began to lose audience circulation due to music channels on cable television. d) Newspapers felt left out and resented they were no longer regarded as the natural monopoly. e)all of the above
b
Copyright exists the moment that a creative work is ______ . a) thought of in a creative person's mind b) fixed in a tangible medium of expression c) printed with the word copyright, the date, and the name of the copyright holder; d) postmarked on the envelope sent to the federal copyright office e) officially registered by the U.S. copyright office.
b
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. a) copyright b) commerce c) intellectual property d) patent e) commercial content
b
Delivering the mail and seeking the holy grail is the metaphors one expert observer used to describe federal regulation with regard to the ____ . a) MVPD (cable and satellite) subscriber base b) FCC regulation and policy c) network neutrality abandonment d) political campaign advertising e) none of the above
b
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? a) Blanket license b) Buy-out license c) Restaurant license d) Radio license e) Online license
b
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 ___ . a.) Race b.) Residence c.) Gender d.) Creed
b
Henry "Hip" Zoefaqtoe would like to view records from the U.S. Geological Survey (USGS) following a reported 10.2 magnitude earthquake with an epicenter in the desert of Nevada near a highly restricted access Air Force base. The USGS file includes photographs of geological effects, statements of injured persons, repair estimates, topographical charts of the area, seismographic readings, and expert opinions on the damage. The file will be continuously updated. Zoefaqtoe's FOIA request is least likely to be granted with respect to which of the following records? a.) Agency photographs b.) Agency updates c.) Agency statements d.) repair estimates e.) expert opinions
b
Horizontal integration occurs when a single media company a) merges with the only other company in the same business b) acquires other media businesses of the same nature c) owns all the media business in a specific market area d) sells the majority of its shares to other media businesses e) owns businesses throughout the media production and distribution chain
b
If an individual is unsatisfied with the response received from an agency on a FOIA request, the individual has __________ days from the date of __________ to submit an appeal. a.) 90/response b.) 60/response c.) 90/request d.) 120/request e.) 30/response
b
If you were suspected of a crime, could police search your cell phone for possible evidence? a.) Yes, if they placed you under arrest. b.) No, not unless they have a search warrant. c.) Yes, if police find it on your person as in a purse or pocket. d.) No, not unless police find it in your car. e.) none of the above
b
In response to licensing infractions, the FCC may issue all of the following sanctions except ___? a) Notices of Apparent Liability b) Notice of Investigation c) letters of reprimand d) forfeitures e) license revocations
b
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 ____________. a.) First Amendment b.) consumer's interest in gaining accurate price information c.) inherent personal autonomy of each individual d.) holding in Roe v. Wade e.) right to privacy
b
In two cases fought by Turner Broadcasting before the Supreme Court, Turner challenged the FCC must-carry rule on the basis that it was in violation of its ______ . a) vertical integration b) freedom of speech c) copyright privileges d) right to contract with local franchises e) all of the above
b
Legal advocacy of censorship of offensive sexual content and prosecution of pornography was sometimes known in the 19 th century as ___ . a.) Southern fundamentalism b.) Comstockery c.) Hicklin's rule d.) False light
b
Licensing revenues for ASCAP increased dramatically in 1923 when this agency started collecting music performance rights from the ____ ____. a) Hollywood studios b) Radio stations c) European symphonies d) Big band leaders e) TV stations
b
Retail stores larger than ___ square feet must pay licensing fees for the performance of copyrighted music. a) 1,000 b) 2,000 c) 3,000 d) 3,750 e) 4,000
b
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 _____? a) mobile telephony carriers b) MVPD - multichannel video program distributors c) SMATV - satellite master antenna television d) TELCOS - telephone companies with video options e) none of the above
b
Synchronization rights to music contrast with licensing arrangements, and instead are obtained ___ . a) from ASCAP and BMI lawyers b) directly from the song's author c) indirectly from the song's performer d) the Harry Fox Agency e) Society of Synchronization
b
The Cable Television Consumer Protection and Competition Act of 1992 contained provisions designed to accomplish all but one of the following objectives. Which item below does not belong? a) Uphold new standards of competition b) Establish the Cable Television Consumer Protection Agency c) Monitor cable rates d) Grant regulatory oversight to local franchise authorities e) Require exclusive franchise agreements in writing
b
The FCC is divided into _________ operating bureaus, of which, the __________ Bureau is the most important to broadcasters. a) three/Broadcast b) seven/Media c) five/Communications d) five/Media e) seven/Broadcast
b
The Privacy Act of 1974 covers all but one of the provisions below. Which one does not belong? a.) required consent of a person before personal information may be transferred to another agency b.) prohibits communication of personal health information c.) allowing people to review agency records to correct their personal information if errors are discovered d.) provides the availability of legal damages to persons whose information has been mishandled by the government e.) makes exemptions to permit census takers to gather data
b
The Privacy Shield Framework was enacted to allow people to tell companies to delete personal data in what area of the world? a.) Latin America b.) European Union c.) Sub-Saharan Africa d.) China & East Asia e.) all of the above
b
The U.S. Supreme Court ruled against a federal program that applied racial criteria in determining media ownership with its decision in Adarand Constructors, Inc. v. Pena. The Supreme Court held that racial criteria could be considered only when the government ______ ? a) was hoping to resolve a natural condition of inequality in the population b) had discovered a specific case of discrimination c) was confronted with the social ill of profiling d) wished to fulfill the ideal of diversity in the marketplace e) none of the above
b
The pre-trial process of jury selection is known as ___ ? a.) judicial admonition b.) voir dire c.) continuance d.) sequestration
b
The presumption of disclosure under FOIA shifted after the terrorist attacks of September 11, 2001 from denying disclosure only when harm is a reasonably foreseeable result of disclosure to when there is a __________. a.) distinct possibility of leaks b.) sound legal basis c.) no demonstrated need d.) certainty of resulting harm e.) reasonable basis for denial
b
The syndicated program Family Feud was produced and distributed for local television licensing. A TV station wishing to keep other channels from showing the same program in the same market would rely on what provision in this situation? a) Rating dilution b) Syndicated exclusivity c) Natural monopoly d) Franchise rights e) Common carrier
b
This law granted telephone companies the right to compete with video broadcasting services. a) Cable Communications Policy Act of 1984 b) Telecommunications Act of 1996 c) Sherman Antitrust Act d) National Cable & Telecommunications Act e) none of the above
b
To be lawful, the FTC requires advertisements be all of the following except ___ . a.) truthful b.) succinct c.) non-deceptive d.) fair e.) substantiated
b
Under the First Amendment what type of venue is a social media site? a.) Public site with full First Amendment protection b.) Private site subject to corporate guidelines and restrictions c.) Public/private site where the law varies from state to state d.) Private area, still controlled by government licensing e.) none of the above
b
What is the best way to define e-personation? a.) Using social media for personal use b.) Pretending to be someone else on the Internet c.) Harassing a person on the Internet d.) Cyberstalking someone on social media e.) none of the above
b
What item below would not be an offense under the Computer Fraud & Abuse Act? a.) Collecting client information from a restricted computer without permission b.) Sharing Netflix passwords without notifying Netflix c.) Checking online texting records on a private smartphone without consent d.) Accessing and sharing data from a host server with permission e.) None of the above
b
Where will an allegation made by the FTC of criminal wrongdoing be heard first? a.) federal district court b.) administrative law judge c.) full panel of the FTC d.) federal court of appeals e.) U.S. Supreme Court
b
Which of the choices below is not a prong of the modified Dendrite test used to unmask anonymous online posters? a.) Provide enough information to substantiate a defamation claim in court b.) Collect comparative profiles belonging to the anonymous source c.) Get in contact with the commenter d.) Identify the comments triggering the claim by its offending content e.) none of these options above are part of the modified Dendrite test
b
Which of the following cases involved U.S. censorship of motion picture films? a.) Miller v. California (1973) b.) Freedman v. Maryland (1965) c.) Redrup v. New York (1967) d.) Memoirs v. Massachusetts (1966)
b
Which of the following cases showed how a reversible error at trial can be caused by the impact of television cameras in the courtroom? a. American Booksellers v. Hudnut (1985) b. Estes v. Texas (1965) c. Stanley v. Georgia (1969) d. O'Grady v. Superior Court (2006)
b
Which of the following examples would be classified as a "fleeting expletive" by the FCC? a.) George Carlin's "Seven Words..." routine on radio b.) Bono's use of the "F word" on an award show c.) Rhett Butler's words of farewell in the film classic, Gone With the Wind! d.) none of the above
b
Which of the following is the most acceptable means of posting grades? a.) social security numbers b.) anonymous student numbers c.) names d.) initials e.) seat assignments
b
Which of these groups is the professional organization for lawyers in the U.S.? a.) United States Professional Lawyers Organization (USPLO) b.) American Bar Association (ABA) c.) Law Infra Bar Equity Legalese (LIBEL) d.) Statutory Usurious Exculpatory Association (SUE)
b
Which of the following cases recognized the state government has authority to regulate nude dancing without encroaching on the First Amendment?
barnes vs theater
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 __________? a.) government because the rule was proper and narrowly drawn. b.) energy company because it was only reaching out to its customers c.) energy company because the rule articulated was overly broad. d.) government because it was trying to fulfill the mandate for energy conservation. e.) none of the above
c
N. Genio Inlege is an attorney recently admitted to the state bar. Inlege is trying to find supporting case law for a wage dispute case he is handling. The Equal Employment Opportunity Commission (EEOC) once prosecuted a case with substantially the same circumstances. Inlege is interested in reviewing the EEOC file on the case to find any assistance possible in handling her case. Under the Agency Memoranda exemption to FOIA, Inlege may request and receive all of the following records except which one? a.) orders of the administrative law judge b.) motions submitted to the court by counsel c.) correspondence between EEOC counsel discussing strategy for the case d.) personal information of the discrimination victim e.) memoranda of case law submitted to the court
c
Police units in some parts of the U.S. use this device to track cell phone calls without a warrant; it is called a _____. a.) Ping-ray b.) Phone sting c.) Stingray d.) Cell catcher e.) none of the above
c
Radio stations that pay blanket license fees to ASCAP and BMI have the right to _______ . a) make copies of CDs b) sell cover versions of the songs c) play their songs over the airwaves d) put pictures of the singers on their station website; e) Use those songs in the production of commercials
c
State laws in 49 states affording privilege to journalists to not disclose information (i.e. notes and other materials) obtained during their newsgathering activities a.) Branzburg test b.) USA PATRIOT Act c.) shield laws d.) First Amendment
c
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? a) offer b) counter-offer c) implied acceptance d) retraction or revocation
c
TV stations trying to secure a spot on the local cable system can rely on what legal option below? a) Syndicated exclusivity b) Rating dilution c) Must-carry d) Syndex e) Copyright
c
The 1972 policy adopted by the Federal Communications Commission known as the "Open Sky Policy" permitted ________________. a) private industries to use public satellites to broadcast television b) government to introduce an increased number of satellites to orbit c) private industries to use private satellites for broadcasting television d) individuals to use satellites to receive satellite broadcasts e) private industries to introduce satellites into orbit
c
The Family Educational Rights and Privacy Act covers all of the following provisions except for which one below? a.) parental discretion over academic records prior to the student reaching age eighteen b.) right to inspect personal school records and recommend corrections for inaccuracies or misleading information c.) prevents solicitors from entering private campuses d.) required signature of student or parent before academic records are released to a third party e.) prohibits posting of grades by any easily identifiable means
c
The Freedom of Information Act (FOIA) is a federal law requiring the _________ to, on request, disclose agency records unless the information is kept secret under FOIA exemptions. a.) U.S. president and White House staff b.) Congressional agencies c.) U.S. executive branch agencies d.) State government employees e.) none of the above
c
The _____ Act of 2010 required every large oceangoing vessel traveling more than 200 miles from port. a) Transition and Public Safety b) Vessel Communications c) Wireless Ship d) Radio e) Wireless Broadcast
c
The __________ Act, passed in 1938, declared unlawful "unfair or deceptive acts or practices in commerce." a.) Norris-LaGuardia b.) Wagner c.) Wheeler-Lea d.) Sherman e.) Federal Trade Commission Act
c
The ___________ Act required television stations to devote three hours in their weekly lineup for educational and informational content. a) Children's Educational b) Youth Television Programming c) Children's Television d) Child Programming e) Information & Education
c
The ___________ was given responsibility to regulate both wired and wireless communications - replacing the Federal Radio Commission. a) Federal Broadcasting Commission b) Secretary of Commerce c) Federal Communications Commission d) Federal Telecommunications Commission e) Federal Media Commission
c
The ____________ is an extension of the Council of Better Business Bureaus that investigates deceptive advertising claims. a.) Federal Communications Commission b.) Securities and Exchange Commission c.) National Advertising Division d.) Federal Trade Commission e.) Federal Advertising Agency
c
The illegal business practice where market participants base decisions on confidential information not known generally to the market is known as ____ . a.) misrepresentation b.) fraud in the inducement c.) insider trading d.) promissory estoppel
c
The procedure that postpones legal proceedings until a later date is known as a ___ ? a.) judicial admonition b.) voir dire c.) continuance d.) sequestration
c
The right to an impartial jury is guaranteed by which part of the Bill of Rights? a.) First Amendment b.) Second Amendment c.) Sixth Amendment d.) Fifteenth Amendment
c
The sale of erotic (though not necessarily obscene) materials to minors can be prohibited by the doctrine of____ . a.) prurient interest b.) pandering c.) variable obscenity d.) Comstockery
c
The type of sexual content where Miller rule would not be used as criminal evidence is ____ . a.) websites featuring pornography b.) offensive art in public c.) child pornography d.) offensive language on television
c
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? a) Metro Goldwyn Mayer Studios v. Grokster b) A&M Records v. Napster c) Universal City Studios v. Sony Corporation of America d) Harper & Row Publishers v. Nation Enterprises e) none of the above
c
What federal agency responds with legal action against web-based companies that fail to protect user's private data? a.) Federal Communications Commission (FCC) b.) Federal Bureau of Investigation (FBI) c.) Federal Trade Commission (FTC) d.) National Security agency (NSA) e.) none of the above
c
What kind of content might violate terms of service of a website, but not break the law? a.) Posting nude photos of a 13-year-old girl b.) Posting a photo of someone with the words, "Should be KILLED!" with their work address c.) Telling someone off and using lots of profanity in a reply post d.) Sharing new music you pirated from Apple music without payment e.) none of the above
c
Which of the following actions is a regulation on media ownership? a.) The United States Constitution b.) The Norris-LaGuardia Act c.) The Sherman Antitrust Act d.) The Wagner Act
c
Which of the following acts of Congress served to increase competition in the broadcasting industry with other electronic media? a) The Cable Television Consumer Protection and Competition Act of 1992 b) The Federal Communications Act c) The Telecommunications Act of 1996 d) The Cable Communications Policy Act of 1984 e) The Cable Franchise Policy and Communications Act
c
Which of the following acts was enacted to protect innocent victims of stalkers? a.) Privacy Act of 1974 b.) Victims Privacy Act c.) Drivers Protection Privacy Act d.) Public Records Privacy Act e.) Location Privacy Act
c
Which of the following advertising tag lines would most likely be considered a factual claim in an advertisement that must be backed by substantiating evidence? a.) "They're amazing!" b.) "Tastes great!" c.) "Nine out of ten people loved it." d.) "The smoothest ride I've ever had." e.) "It's breathtakingly beautiful."
c
Which of the following is a system that broadcasts local channels to subscribers via microwave signal? a) Cable b) Satellite c) Multichannel multipoint distribution d) Broadband e) Fiber optics
c
Which of the following is not an example of a structural regulation in terms of FCC policy? a) spectrum allocation b) cross-ownership c) indecency enforcement d) duopoly control e) frequency assignment
c
Network neutrality is no longer an FCC policy, but its mandates did seek to achieve the ____ a) prohibition of local networks from airing one-sided political information b) requirement that internet service providers offer reasonable rates to rural subscribers c) promise the U.S. government would stay neutral in cable and broadcasting must-carry deals d) requirement internet service providers would not treat apps and websites differently by increasing or decreasing download speeds e) all of the above
d
On occasion, the Supreme Court has found pre-trial publication of certain items of information to be "presumed prejudicial." Which one(s)? a.) confessions or admissions of guilt, or other "evidence" possibly inadmissible at trial b.) prior criminal record, although the Court softened its stance by saying reporting criminal record alone is not enough to be prejudicial c.) attribution of serious character flaws, or epithets such as "Mad Dog" d.) all of the above
d
Ray S. Jude-Cotta wrote a story revealing a large human trafficking ring in Lafayette Park. His story was based on information given to him by a confidential source. After the story was published, the FBI worked through the reporter to contact the source who worked personally with the Bureau to further the investigation into the trafficking ring. Jude-Cotta, who was unconvinced of the truthfulness of a story from a confidential source, sent an FOIA request to the FBI to release the personal information of the source. His request will be denied under what exemption to the FOIA? a.) Privacy b.) Statutory c.) Personnel Rules d.) Law Enforcement e.) Agency Memoranda
d
The Federal Trade Commission (FTC) is led by ____ commissioners all of whom are appointed by the ____. a.) five, Senate b.) nine, President c.) nine, House of Representatives d.) five, President e.) three, Senate
d
The Government Accountability Office is a congressional federal agency that assists Congress in oversight of ____ ___? a.) Ethical practices in personnel affairs b.) Prevention of sexual harassment and discrimination c.) Racial equality in hiring and firing practices d.) Budget expenditures e.) none of the above
d
The Miller test poses what inquiries to determine if suspect sexual content is legally obscene? a.) Does the material patently offend contemporary community standards? b.) Does the content incite prurient interest for the average person? c.) Does the work as a whole lack serious artistic, scientific, literary or political value? d.) all of the above
d
The Supreme Court opted to grant FCC rule-making authority over cable television so long as its rules were reasonable ancillary to broadcasting and over-the-air television stations in what decision? a) Hoover v. Intercity Radio (1923) b) U.S. v. Zenith Radio Corp. (1926) c) Red Lion Broadcasting v. FCC (1969) d) U.S. v. Southwestern Cable (1968) e) none of the above
d
The process of keeping the jurors secluded so that no one talks with them about the trial outside of court is called ___ ? a.) judicial admonition b.) voir dire c.) continuance d.) sequestration
d
The reason pretrial publicity is considered an obstacle to the constitutional rights of the defendant is because it ____? a.) threatens right to a speedy trial b.) threatens right to be confronted by accusers c.) threatens right to counsel d.) threatens right to an impartial jury
d
The restrictions defined by the "doctrine of first sale" ensure which one of the following happens? a) book author only collects royalties on the resale of their book b) book author collects royalties on the library loan of the work c) movie producers collect royalties on the online rental of derivative works d) software resale or distribution for profit is prohibited e) libraries prohibited from using lending software.
d
The rule in criminal trials including the pre-trial hearings is the proceedings are presumptively open to the public and press due to the ____ ? a.) subpoena b.) change of venire c.) voir dire d.) presumptive right of access
d
To compel a reporter to testify, the court must meet which of the requirements below? a.) show probable cause the newsman has information clearly relevant to the offense b.) show information sought cannot be obtained by alternative means less destructive of First Amendment rights c.) show a compelling and overriding interest in the information d.) all of the above
d
U.S. citizenship of the controlling interest is no longer a requirement for broadcast licensees, but what factor(s) below are still considered to be pertinent to the approval of an application? a) Good financial standing b) Maintenance of technical engineering c) Good character of the applicant (no felony conviction) d) all of the above e) none of the above
d
Under the NLRA, what posting(s) to social media would be considered legally protected? a.) Beach pictures posted anonymously on your profile the day you called in sick b.) Embarrassing and defamatory information posted about a coworker c.) Rumors about your company's declining stock prices d.) Complaints about salary or working conditions e.) all of the above
d
What does the Digital Millennium Copyright Act do? a.) Provides license of royalties for sharing online content b.) Allows music monitors to file objections to indecent content c.) Provides a mechanism for people to keep their work online while claims of copyright d.) Criminalizes reproducing a copyrighted work without permission from the copyright holder e.) none of the above
d
What does the SLAPS test signify in the Miller test for obscenity? a.) serious, litigious, affidavit, per curiam, and statute value b.) scientific, libelous, artisanal, petition, and subpoena value c.) statute, literary, appellate, precedent, and summary judgment value d.) serious, literary, artistic, political, and scientific value
d
What is the legal consequence of the European Union's "cookie law"? a.) Data surveillance can be halted by written request. b.) Websites can continue to secretly download "cookies" on user computers. c.) Visitors can access other users' data via the data archive cookies provide. d.) Websites are required to ask for consent from visitors before using cookies. e.) none of the above
d
When U.S. lawmakers refer to the PICON standard for FCC rules, they are thinking of _____ . a) public interest b) convenience c) necessity d) all of the above e) none of the above
d
Which of the following questions is not a part of the commercial regulation test set forth by the Supreme Court in its Central Hudson decision? a.) Does the government have a substantial interest in regulating the speech? b.) Does the advertisement pertain to a lawful product? c.) Is the regulation narrowly drawn? d.) Is their pricing involved in the promotion? e.) Does the regulation actually advance the interest asserted by the government?
d
Which of these examples below would not qualify as an endorsement? a.) A shoe company offering prize money for the best pictures in a hashtag contest b.) A celebrity commenting on how Aleve cured a headache c.) A video game company paying YouTubers to post video reviews of their game d.) Receiving free products without acting on the producer's behalf e.) none of the above
d
A bundle of rights for copyright ownership covers all rights below but one. Which one is wrong? a) right to put the work on public display b) right to distribute the work to others c) right to create derivations of the original, creative work d) right to perform the work in public e) right to hold title to the work in perpetuity
e
Advertisements are scrutinized under the legal standard of the ____ consumer to determine if they are deceptive in nature. a.) American b.) female c.) high-school educated d.) 18-or-older e.) reasonable
e
All of the following are included in the definition of "agency" under FOIA except ___ ? a.) executive department b.) military department c.) government corporation d.) government controlled corporation e.) legislative commission
e
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? a.) staff advisory letters b.) cease and desist orders c.) corrective advertising d.) consent agreements e.) factory rebates
e
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 ____. a) Order/Daily Digest b) Notice of Rule/Federal Register c) Rule/Federal Reserve d) Report and Rule/Daily Register e) Report and Order/Federal Register
e
Cable television's use of broadcast television programming without license came before the U.S. Supreme Court in ___________ , and the ruling held broadcasters could not receive direct payments from cable systems. a) Carter Mountain Transmission Co. v. Federal Communications Comm'n b) Leathers v. Medlock c) Frontier Broadcasting v. Collier d) Fortnightly Corp. v. United Artists e) U.S. v. Southwestern Cable
e
When would the secret identity of an anonymous poster not likely be protected online? a.) When posting a true threat against a former spouse b.) When creating a fake Craig's list advertisement telling people who want "a good time" how to get to your employer's address. c.) When sharing online through an email chain intimate pictures of a roommate. d.) When creating a fake profile and posting harmful rumors about a teacher. e.) all of the above
e
Which of the following can be copyrighted? a) Calendars with just boxes and dates b) Weight charts with pounds and metrics c) Conversational ideas about movie plots d) Handwritten instructions for loading a dishwasher e) none of the above
e
Which of the following is a possible reason for a judge to close any portion of a trial to the public (and therefore the media)? a.) There must be a fundamental right (such as privacy or fair trial) at risk if the proceeding is held in public b.) There must be convincing evidence (not mere speculation) that the right at risk will be compromised if the proceeding is not closed c.) There must be no alternative available to protect neither the fundamental right which is less damaging to the accused party's Sixth Amendment right to a public trial nor the public's First Amendment right to an open courtroom d.) The closure must be limited to the specific content that causes problems for the fundamental right being protected e.) all of the above
e
Which of the following is not a possible response of an agency to a FOIA request? a.) fulfilling the request b.) denying the request in part c.) denying the request d.) fulfilling the request in part e.) ignoring the request
e
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? a) BitTorrent b) Grokster c) KaZaa d) Morpheus e) Napster
e
YouTube is careful to avoid liability for acts of copyright infringement because it ___ . a) buys back both blanket or buyout licenses from copyright holders b) joins with Google in hiring lawyers who file counter claims against litigants c) ultimately pays for the use of videos posted by advertising d) pays for most of the popular videos and copyrighted music on its website e) removes videos immediately if told it is infringing copyright.
e
What was the case that involved the doctrine of variable obscenity?
ginsberg vs new york
