Final pt 3
What is the main reason why would people want to sue publishers of tortious story, along with the author of the story? They could win more money in damages from publishers They can't sue the author The author is anonymous The publishers are private individuals and thus actual malice doesn't need to be proven
A, They could win more money in damages from publishers
Copyright allows rightsholders the power to do which of the following: License others to publicly perform or display their works License others to translate their works into another language License others to create a different format of their works (e.g., turning a book into a movie) All of the above
D, All of the above
Which of the following elements must be proven for a law to survive strict scrutiny? The government has a significant interest in upholding the law. The law must directly lead to the fulfillment of the government's interest. The law impinges upon no more speech than is absolutely necessary. All of the above
D, All of the above
True or false: A defendant can win attorney's fees if a plaintiff fails to meet the requirements of an anti-SLAPP law.
True
Punishing speech for incitement is a post hoc sanction on speech. True/False
True
UI's free speech policy allows students to erase "chalked" messages on campus sidewalks that they find offensive. True/False
False
Cantwell v. Connencticut, Terminiello v. Chicago, and Bible Believers v. Wayne County are all cases involving _____________. True Threats Incitement The Heckler's Veto Fighting Words
C, The Heckler's Veto
State statutes that seek to give student journalists more freedom than the precedent set by Hazelwood are referred to as what? "New Voices" laws "Student Press Freedom" laws "High School Watchdog" laws "F the Supreme Court" laws
A, "New Voices" laws
Which of the following is an example of viewpoint discrimination? A Columbia ordinance prohibiting pro-KU speech but allowing pro-Mizzou speech. A Columbia ordinance prohibiting incitement to imminent lawless action. A Columbia ordinance prohibiting all parades on Broadway during rush hour. All of the above
A, A Columbia ordinance prohibiting pro-KU speech but allowing pro-Mizzou speech.
According to Section 230 of the Communications Decency Act, the distinction between a newspaper and a social media site in terms of liability for tortious content is most similar to which of the following? A newspaper and a store selling that newspaper A newspaper and a reader of that newspaper A newspaper and the reporter of the tortious story A newspaper and a magazine
A, A newspaper and a store selling that newspaper
Which of the following statements, if false, would almost certainly be libelous per se? Accusing someone of committing a crime Accusing a man of being unchaste Accusing someone of being a communist Accusing someone of being homosexual
A, Accusing someone of committing a crime
The appellate courts immediately below the U.S. Supreme Court are often referred to as ____________. Circuit Courts District Courts Military Courts Tennis Courts
A, Circuit
What is the key difference between defamation and false light invasion of privacy? False light does not involve harm to reputation. Plaintiffs in false light lawsuits do not have to prove actual malice. Truth is not a defense in false light lawsuits. There is no difference between defamation and false light.
A, False light does not involve harm to reputation.
Why did the Nixon administration have to seek injunctions in both New York and D.C.? In the U.S., you cannot get a court order that applies to the nation as a whole These were the two most important jurisdictions in the country The administration only had lawyers in these jurisdictions All of the above
A, In the U.S., you cannot get a court order that applies to the nation as a whole
Why did Roommates.com lose Section 230 immunity? It violated fair housing laws by allowing people to discriminate renters through dropdown menus It sold Nazi memorabilia It defamed landlords It sold offensive T-shirts
A, It violated fair housing laws by allowing people to discriminate renters through dropdown menus
The U.S. Supreme Court hears about what proportion of cases appealed to it from lower courts? Less than 1% 5% 10% 100%
A, Less than 1%
Which iconic figure's copyright is set to expire in 2023, unless Congress extends copyright limits again? Mickey Mouse Mighty Mouse Felix the Cat Dennis the Menace
A, Mickey Mouse
According to Scott Memmel's article in the Silha Bulletin, Supreme Court Justice Clarence Thomas recently suggested removing the actual malice fault standard for which type of plaintiff? Public Figures Public Officials Public School Teachers Publix
A, Public Figures
In the case Curtis Publishing v. Butts, the U.S. Supreme Court extended the actual malice fault standard to which type of plaintiff? Public Figures Public Officials Public School Teachers Public Enemy
A, Public Figures
Which of the following uses of indecent speech would most likely violate the FCC's indecency rules? Repeated and pandering uses of the F-word on a broadcast TV show at 6pm A fleeting expletive said during a live airing of a program on broadcast at 8pm Five uses of the S-word on a broadcast TV show at 11pm Several F-bombs dropped during a heated live debate on a cable news program at 1pm
A, Repeated and pandering uses of the F-word on a broadcast TV show at 6pm
According to Professor Jeff Kosseff from the TechDirt Podcast, what type of extreme speech has posed one of the biggest questions to platform liability? Revenge porn Copyright infringement Child abuse images Defamation
A, Revenge porn
What is the main source of law in countries with legal systems based on Civil Law? Statues and Codes Executive Decrees Past Precedent from cases Lawsuits for Civil Damages
A, Statues and Codes
Anti-SLAPP (Strategic Lawsuit Against Public Participation) laws are designed to do which of the following? Stop frivolous defamation lawsuits (especially by powerful plaintiffs against small-time defendants) at a very early stage. Allow defamation plaintiffs to win higher amounts in punitive damages when they can prove actual malice. Prevent public officials from suing for physical harm caused by old fashioned slapping duels. Prevent public figures from suing for intentional infliction of emotional distress.
A, Stop frivolous defamation lawsuits (especially by powerful plaintiffs against small-time defendants) at a very early stage.
What must a rights holder establish prior to filing a DMCA takedown request? The allegedly infringing user did not engage in a fair use of their work The allegedly infringing user is profiting off of the infringing work The allegedly infringing user is an American citizen The allegedly infringing user reached a certain threshold of viewers
A, The allegedly infringing user did not engage in a fair use of their work
Which of the following statements best describes Tolerance Theory? The purpose of exceptional protections for freedom of expression is to push society's boundary on accepting the value of extreme speech in public discourse. The purpose of exceptional protections for freedom of expression is to help society find truth. Because we tolerate the many different communities and their sensitivities, we should not allow extreme speech in America. None of the above
A, The purpose of exceptional protections for freedom of expression is to push society's boundary on accepting the value of extreme speech in public discourse.
According to Professor Jeff Kosseff from the TechDirt Podcast, what is a remarkable fact about the origin of Section 230? There was virtually no media coverage of Section 230 as it was being debated Section 230 was passed unanimously Section 230 was found to be unconstitutional, but that's been disregarded since Section 230 was found to be unconstitutional, but that's been disregarded since
A, There was virtually no media coverage of Section 230 as it was being debated
Which of the following statements best reflects individual autonomy theory of the First Amendment? What matters most is that protecting freedom of expression allows individuals to maximize their human potential, regardless of any social effect freedom of expression has. Rational individuals should decide what it is true and what is false in a marketplace of ideas. What matters most is not what people say, but rather what people hear. Individuals should be able to directly vote on what speech they want to allow and not allow.
A, What matters most is that protecting freedom of expression allows individuals to maximize their human potential, regardless of any social effect freedom of expression has.
For William Blackstone, unlawful prior restraint solely involved ____________. applying for a license from the government to publish censorship after bad effects of a publication sedition All of the above
A, applying for a license from the government to publish
Robert Watts' threat against the president in his Supreme Court case were______________. constitutionally protected rhetorical hyperbole constitutionally protected commercial speech constitutionally unprotected true threats speech banned by a content-neutral law
A, constitutionally protected rhetorical hyperbole
One of the biggest issues in reporter's privilege law and state shield laws is ____________________. defining who a journalist is squaring reporter's privilege with defamation law issues defining who law enforcement is squaring reporter's privilege with confidentiality laws
A, defining who a journalist is
In Hess v. Indiana, the U.S. Supreme Court determined that a command to "take the ****ing streets later" _____________. did not amount to incitement because it didn't meet the imminent lawless action standard amounted to incitement because it did meet the imminent lawless action standard led to an unconstitutional heckler's veto amounted to a true threat against streets
A, did not amount to incitement because it didn't meet the imminent lawless action standard
According to Hurley v. Irish-American GLB Group of Boston, _______________. government cannot force groups to adopt certain messages every group has the same right to use the same public space at the same time to speak their messages discriminating against LGBT groups violates the First Amendment people from the LGBT community have no First Amendment rights
A, government cannot force groups to adopt certain messages
According to the U.S. Supreme Court's holding in Stanley v. Georgia,________________. individuals have a First Amendment right to possess obscenity individuals do not have a First Amendment right to possess obscenity punishing individuals for possession of obscenity is ok because the state has a legitimate interest in trying to dry up the market for obscenity None of the above
A, individuals have a First Amendment right to possess obscenity
In Papish v. Board of Curators of the University of Missouri, the U.S. Supreme Court held that __________________. public universities are not enclaves immune from the sweep of the First Amendment public universities are traditional public forums public universities are not public forums the First Amendment does not apply to public universities
A, public universities are not enclaves immune from the sweep of the First Amendment
According to UI's free speech policies and Iowa state law, outdoor spaces on UI's campus are considered ____________________. traditional public forums designated public forums non-public forums Ancient Greek-style learning forums
A, traditional public forums
In American Coalition of Life Activists v. Planned Parenthood of Columbia/Willamette, the U.S. Court of Appeals for the Ninth Circuit held that online "wanted posters" calling for causing physical harm to doctors who perform abortions amounted to ____________. unprotected true threats unprotected incitement protected rhetorical hyperbole protected speech because laws don't apply to the Internet
A, unprotected true threats Correct
Near v. Minnesota revolutionized prior restraint doctrine in the United States. How? It recognized that the government's attempts to enjoin the press are no different from requiring journalists to ask permission from the government to publish. It held that the government could enjoin the press for defamatory publications. It held that the government could only ever enjoin the press if it committed treason. It held that the government could enjoin publications that were hateful in nature and recklessly criticized public officials.
A,It recognized that the government's attempts to enjoin the press are no different from requiring journalists to ask permission from the government to publish.
Which of the following statements is TRUE about the nature of incitement? Speech must lead to imminent lawless action to be considered unprotected incitement. Burning the American flag will almost always lead to an arrest for incitement. A heckler's veto and incitement are the same thing. Incitement is viewpoint-based discrimination of speech.
A. Speech must lead to imminent lawless action to be considered unprotected incitement.
According to the 1988 U.S. Supreme Court case Hazelwood v. Kuhlmeier, administrators at public high schools can engage in prior review of students' newspapers on the grounds of _______________. legitimate pedagogical concerns legitimate penological concerns students have no First Amendment rights it caused a substantial disruption to the learning environment
A. legitimate pedagogical concerns
Which of the following would most likely NOT be a fair use of copyrighted material: Showing clips of Disney's Beauty and the Beast to a college class to highlight the sexist nature of Disney films Creating a YouTube video where the unedited main riff of a hit song is laid over a minute-long clip of Missouri football highlights recorded by SEC Network Using the melody of a hit song to create a parody of it A child reciting Martin Luther King's "I Have a Dream" speech for a community talent show
B Creating a YouTube video where the unedited main riff of a hit song is laid over a minute-long clip of Missouri football highlights recorded by SEC Network
The difference between administrative law and statutory law is that: Administrative law is statutory law, while statutory law is common law. Administrative law is rule-making by governmental agencies, while statutory law is written by legislatures. Administrative law is only concerned with indecency, while statutory laws are the province of the executive branch. Administrative law is written exclusively by the Trump administration while statutory law comes only from Congress.
B, Administrative law is rule-making by governmental agencies, while statutory law is written by legislatures.
The purpose of the Digital Millennium Copyright Act (DMCA) is to: Put thousands of otherwise copyrighted works into the public domain Balance the interest of protecting creative works with the interest of promoting freedom of expression via fair use of those works on online platforms Grant ISPs full immunity for violations of copyrighted material published on their networks, even when notified of violations Extend the copyright of creative works for the life of the author plus 95 years
B, Balance the interest of protecting creative works with the interest of promoting freedom of expression via fair use of those works on online platforms
What was unique about Justice Powell's concurring opinion in Branzburg v. Hayes? He excoriated the majority for what he considered faulty reasoning He agreed with four Justices on the outcome of the decision, but he agree with the four dissenting Justices on the need for a qualified privilege He announced his resignation in the opinion He argued that the First Amendment had gone too far in protecting the press over the past four decades
B, He agreed with four Justices on the outcome of the decision, but he agree with the four dissenting Justices on the need for a qualified privilege
Why did Robert McCormick (publisher of the Chicago Tribune) finance Jay Near's appeal to the U.S. Supreme Court? He was Near's cousin He realized the outcome of Near's case could affect his own publication He had a vendetta against the Minnesota state officials in question He was a Supreme Court aficionado
B, He realized the outcome of Near's case could affect his own publication
Which of the following is NOT part of the Miller test? Obscenity must be defined by contemporary community standards and state law Obscenity must be utterly without social value Obscenity must appeal to prurient tastes Obscenity must involve patently offensive displays of sexual or scatological functions
B, Obscenity must be utterly without social value
Why does parody get special protection under the fair use test? Parodists are part of a powerful lobbying group. Parody needs to use nearly all of the original work to be able to make fun of it. Parody is specifically included in the Federal Copyright Act. Parody is never profitable.
B, Parody needs to use nearly all of the original work to be able to make fun of it.
Which of the following is the best definition for the doctrine of stare decisis? Roman law should be the foundation for all legal systems Past court decisions should stand, allowing precedent to comprise the law of the land The law should be based on formal equality Judges stare at the facts of the case until the decide
B, Past court decisions should stand, allowing precedent to comprise the law of the land
"Timeshifting" from the Sony Betamax case involved what? Waiting until late at night to sell pirated tapes of movies from your unmarked van Recording TV broadcasts on tape to watch at a later time Waiting until late at night to download pirated movies Going back in time to steal copyrighted material
B, Recording TV broadcasts on tape to watch at a later time
Which of the following statements best describes the aftermath of the Branzburg v. Hayes decision? Reporters never have any privilege to refuse to name an anonymous source. Some circuits recognize a common-law or a constitutional privilege, others do not, and some states have passed shield laws. Congress passed a federal shield law to protect reporters' from having to reveal anonymous sources. None of the above
B, Some circuits recognize a common-law or a constitutional privilege, others do not, and some states have passed shield laws.
The standard of truth that defendants must show to defeat a libel suit against them is: The truth, the whole truth, and nothing but the truth Substantial truth or a gist of the truth A reckless disregard for the truth None of the above
B, Substantial truth or a gist of the truth
Which of the following is NOT a source of common law invasion of privacy in the United States as conceptualized by Warren and Brandeis? Trespass law The Fourth Amendment Breech of confidence law Intellectual property law
B, The Fourth Amendment
Which of the following best describes the legacy of the collection of Supreme Court cases from 1919? The Supreme Court gave First Amendment protection to radical protestors for the first time. The Supreme Court heard cases involving First Amendment challenges for the first time. The Supreme Court only heard cases involving First Amendment issues during this term. The Supreme Court did not hear a single case involving First Amendment issues.
B, The Supreme Court heard cases involving First Amendment challenges for the first time.
According to the Bunker reading, what is the main focus of "Dissent Theory" of the First Amendment? Dissenting opinions of Supreme Court Justices are what matter most in First Amendment cases The most important speakers the First Amendment is designed to protect are those with dissenting opinions (those that go against the mainstream) Free speech should be granted to everyone EXCEPT dissenters All of the above
B, The most important speakers the First Amendment is designed to protect are those with dissenting opinions (those that go against the mainstream)
Which of the following is a TRUE statement about the First Amendment right to record police in public? The U.S. Supreme Court has held that this right exists. The right, where it officially exists, is subject to reasonable time, place and manner restrictions. All U.S. Circuit Courts of Appeal have held that this right exists. This right is absolute. No exceptions.
B, The right, where it officially exists, is subject to reasonable time, place and manner restrictions.
Which of the following is a TRUE statement about true threats doctrine? The true threats doctrine only applies to high school and college students' threatening use of social media. The true threats doctrine is a "quagmire" of balancing tests that vary from circuit to circuit. The true threats doctrine establishes a clear subjective intent requirement to convict a speaker of the state or federal crime of communication true threats. Threats will always be considered protected speech because they are inherently political in nature.
B, The true threats doctrine is a "quagmire" of balancing tests that vary from circuit to circuit.
Which of the following statements best describes Self-Governance Theory? Freedom of expression is all about allowing individuals to realize their human potential. The ultimate value of the First Amendment is that every idea worth hearing should be heard and public participation in expression should be maximized. The consequences of freedom of expression do not matter. The primary purpose of the First Amendment is to act as a check on the power of government.
B, The ultimate value of the First Amendment is that every idea worth hearing should be heard and public participation in expression should be maximized.
Obscene and indecent speech have which of the following in common? They both involve violence They both involve sexual and scatological functions They both involve commercial speech They both involve unprotected incitement
B, They both involve sexual and scatological functions
According to the October 30, 2020 Columbia Missourian article on MU students protesting in Jesse Hall, what part of the student speech/conduct code did MU officials allege that students violated? Prohibitions against hate speech Time, place, and manner restrictions on speech Prohibitions against criticizing MU officials Restrictions on protests in general
B, Time, place, and manner restrictions on speech
A "transformative use" in right-of-publicity law refers to which of the following: Making a videogame that digitally recreates an individual's exact likeness. Transforming a person's likeness to such an extent that the use of the likeness becomes primarily the author's own expression rather than the person's likeness. The use of a person's likeness after his or her death without his or her family's consent. Turning a person's likeness into a Transformers™ cartoon.
B, Transforming a person's likeness to such an extent that the use of the likeness becomes primarily the author's own expression rather than the person's likeness.
According to Mathews v. U.S., ________________. journalists have a First Amendment right to possess child pornography if they use it for bona fide journalistic purposes journalists do not have a First Amendment right to possess child pornography journalists cannot legally even report on the phenomenon of child pornography None of the above
B, journalists do not have a First Amendment right to possess child pornography
In Texas v. Johnson, the Texas flag-desecration statute was _________________. upheld, because burning the flag is outside the purview of the First Amendment struck down, because it amounted to viewpoint discrimination upheld, because it was a valid content-neutral regulation struck down, because police didn't read Johnson his rights when arresting him
B, struck down, because it amounted to viewpoint discrimination
According to the U.S. Supreme Court's holding in FCC v. Fox, the FCC's order on fleeting expletives was _____________. unconstitutional, because it violated the First Amendment unconstitutional, because it violated the Fifth Amendment due to the regulation being too vague constitutional, because Pacifica v. FCC controls constitutional, because indecent speech has not place in American society
B, unconstitutional, because it violated the Fifth Amendment due to the regulation being too vague
Which of the following examples most resembles a heckler's veto in First Amendment law? A public university speaks out against a controversial speaker, but allows him to speak anyway. A speaker says something nasty in another person's face, leading to an immediate physical altercation. A hostile audience engages in violence to protest a controversial speaker, leading police to arrest the speaker to quell the violence. The President heckles lawmakers, then vetoes a bill.
C, A hostile audience engages in violence to protest a controversial speaker, leading police to arrest the speaker to quell the violence.
Based on your what you've learned from the units on Defamation and Section 230, which of the following publications would most likely lead to a successful lawsuit for defamation against the publisher of the defamatory statement? A J4000 student writing on RateMyProfessor.com that Dr. Johnson is boring. A columnist writing on her blog that Josh Hawley does not care about middle-class Missourians. A newspaper negligently and falsely reporting that a local baker hired undocumented workers. Anonymous third-party comments on Reddit falsely accusing Barack Obama of beating his children.
C, A newspaper negligently and falsely reporting that a local baker hired undocumented workers.
The Minnesota authorities used what kind of law to try to enjoin Jay Near? A state defamation statute The Espionage Act A state public nuisance statute A federal fake news statute
C, A state public nuisance statute
In Papish v. Board of Curators of the University of Missouri, Barbara Papish was distributing her newspaper ____________. at the student center In Neff Hall By the Memorial Union Next to the Columns
C, By the Memorial Union
According to Professor Robert Post, reputation in the United States is most similar to __________________. honor dignity capital priceless heirlooms
C, Capital
In the United States, lawsuits between two private parties is the purview of_______________. Criminal Law Administrative Law Civil Law Constitutional Law
C, Civil Law
Which of the following is an example of a time, place or manner regulation on speech? Criminalizing burning the American flag because it is offensive. Criminalizing the burning of all flags, not just the American flag. Criminalizing setting any fires within city limits, which includes flag burning. Criminalizing flag burning because it will start a riot.
C, Criminalizing setting any fires within city limits, which includes flag burning.
Which statement best distinguishes defamation and invasion of privacy? Defamation primarily deals with the right of people to be left alone, while invasion of privacy primarily deals with their right to protect their reputations. Defamation primarily deals with the press while invasion of privacy primarily deals with word-of-mouth and gossip. Defamation is an external harm (based on how the world sees a person), while invasion of privacy is an internal harm (based on how a person views him or herself). None of the Above
C, Defamation is an external harm (based on how the world sees a person), while invasion of privacy is an internal harm (based on how a person views him or herself).
Which of the following best describes the legal distinction between Jones v. Dirty World (from the Section 230 unit) and Bollea v. Gawker? Gawker was a legitimate website, whereas Dirty World was an illegitimate one. Gawker caused objectively greater harm to Terry Bollea than Dirty World did to Sarah Jones. Gawker was liable as a publisher of the infringing content in Bollea while Dirty World was not liable in its case because it only hosted third-party content. Gawker broke criminal laws, while Dirty World only published tortious content.
C, Gawker was liable as a publisher of the infringing content in Bollea while Dirty World was not liable in its case because it only hosted third-party content.
In Ali v. Playgirl, Muhammad Ali relied on the law of equity to get what type of relief against Playgirl magazine? Criminal Relief Monetary Relief Injuctive Relief Regulatory Relief
C, Injunctive Relief
Presently, an indictment is ready to charge whom with violating the Espionage Act? Zuckerberg Bezos Assange Macedonia Teenagers' spreading fake news online
C, Julian Assange
Which of the following is one of K-Sue Park's arguments in her New York Times column? The ACLU seeks to lift up marginalized communities of color over far-right extremists Free speech should be protected for everyone, even neo-Nazis Marketplace of ideas theory assumes there's an even playing field for speech None of the above
C, Marketplace of ideas theory assumes there's an even playing field for speech
According to Professor Jon Peters' Columbia Journalism Review article, Congress passed the Privacy Protection Act to do what? Protect the privacy of news sources Protect the privacy of reporters Prevent law enforcement from enacting search warrants against newsrooms Prevent law enforcement from enforcing subpoenas against journalists
C, Prevent law enforcement from enacting search warrants against newsrooms
Which statement best reflects the difference between the Supreme Court's decisions in Marsh v. Alabama and Pruneyard Shopping Center v. Robins? Private property can never be considered a public forum. Private property can be considered a public forum if any use of taxpayer funds (such as tax incentives) were used in its creation. Private property can be considered a public forum only if it is functionally equivalent to public property. None of the above
C, Private property can be considered a public forum only if it is functionally equivalent to public property.
The generally applicable law at issue in Cohen v. Cowles Media was ________________? Reporter's Privilege Prior Restraint Promissory Estoppel Ted Koppel
C, Promissory Estoppel
According to the First Amendment Encyclopedia reading on "Compelling State Interests," what are the three levels of constitutional review? Small, medium and large scrutiny Silver scrutiny, gold scrutiny and platinum scrutiny Rational basis review, intermediate scrutiny, strict scrutiny Yellow scrutiny, orange scrutiny and red scrutiny
C, Rational basis review, intermediate scrutiny, strict scrutiny
According to the precedent from New York Times v. Sullivan, a public official can only successfully sue the press for defamation if he or she can prove what? The press was negligent in its reporting and published false information about the official. The press intended to do harm to the official. The press knowingly published false information about the official, acting with reckless disregard for the truth. The press used anonymous sources to gather false information about the official.
C, The press knowingly published false information about the official, acting with reckless disregard for the truth.
According to dicta in Near v. Minnesota, the government (hypothetically speaking) could be successful in getting an injunction on a publication involving which of the following scenarios? The publication involved defamatory statements The publication involved the name of a crime victim The publication involved the dates and locations of U.S. military troop movements The publication involved indecent speech
C, The publication involved the dates and locations of U.S. military troop movements
Criminal law cases involve defendants' cases against ____________. Other Individuals The State Cooperations Grizzly Bears
C, The state
Which of the following statements best describes formal equality? Every Idea has Equal Value Everything Worth Saying Should Be said The system and Procedures or law apply equally to everyone Everyone shall be given equal access to the marketplace of ideas.
C, The system and procedures of law apply equally to everyone.
Which statement best reflects the difference between the Sony case and the Napster case? Sony involved small-time copyright holders, while Napster involved large-scale copyright holders. Sony involved patent infringement, while Naptser involved copyright infringement The technology in Sony was not specifically designed to infringe copyright, whereas the technology in Naptser was There was no substantive difference between the two cases.
C, The technology in Sony was not specifically designed to infringe copyright, whereas the technology in Naptser was
In the TechDirt Podcast, Professor Jeff Kosseff traces the origins of Section 230 back to the 1959 case Smith v. California, which involved what issue? Whether a bank was liable for fraudulent checks it was cashing Whether an ice cream parlor was liable for unsanitary working conditions Whether a bookstore was liable for obscene books they were selling Whether a computer company was liable for defamatory statements a user posted
C, Whether a bookstore was liable for obscene books they were selling
According to both lecture and the TechDirt podcast, the first case that applied Section 230 was____________. Cubby v. Compuserve Smith v. California Zeran v. AOL Reno v. ACLU
C, Zeran v. AOL
Fighting words are ________________. constitutionally protected speech said by hockey players fighting each other constitutionally protected speech that tends to cause bad outcomes constitutionally unprotected speech said in someone's face with the intent to provoke a violent response constitutionally unprotected speech that incites others to imminent lawless action
C, constitutionally unprotected speech said in someone's face with the intent to provoke a violent response
In the 2019 case Knight v. Trump, the U.S. Court of Appeals for the Second Circuit held that __________________. because Donald Trump could simply mute users (rather than block them), there was no First Amendment issue in the case and it was thrown out Donald Trump's Twitter feed is a personal account and therefore First Amendment review does not apply to it the social media accounts of public officials are designated public forums subject to First Amendment scrutiny Donald Trump must release his tax returns
C, the social media accounts of public officials are designated public forums subject to First Amendment scrutiny
According to John Stuart Mill's philosophy (which became the foundation for Marketplace of Ideas Theory), using the law to punish ideas you don't like signifies that _______________. those ideas are definitely wrong and worthy of punishment those ideas are categorically harmful your ideas are fallible your ideas are infallible
C, your ideas are fallible
Based on what you read in the Verge article, Section 230 is under attack for which of the following reasons, according to critics of social media platforms? Social media platforms allow fake news to proliferate online Social media platforms allow hate speech to proliferate online Social media platforms allow hate speech to proliferate online All of the above
D, All of the above
Which of the following cases could be heard in federal court? A Missouri newspaper challenges a state statute, claiming that it violates the newspaper's rights under the First Amendment of the U.S. Constitution. A university student challenges a new federal law that will increase interest rates on student loans. A business in Iowa sues a former employee now living in Missouri for breaching a contract ALL THE ABOVE
D All of the above
Why is copyright not indefinite in the United States? The Constitution requires it Good policy suggests the public is better off when works enter the public domain after the author has had the chance to exploit their ownership Trick question: Congress will ALWAYS extend copyright to bow down to its supreme deity Mickey Mouse... A & B
D, A & B
A qualified reporter's privilege involves which of the following? An assessment of whether the information material and relevant to the investigation An assessment of whether the source essential to getting the information An assessment of whether law enforcement has exhausted all other options for getting the information All of the above
D, All of the above
According to the Bunker reading, which of the following is a criticism of marketplace of ideas theory? It elevates communal values over individual ones The theory depends upon human reason, and human reason can be flawed Truth is something that only happens in the long run, and in the long run "we're all dead" All of the above
D, All of the above
According to the lecture on the Press Clause, which of the following is a thorny theoretical and doctrinal issue involving free press jurisprudence? Determining whether the speech clause and press clause are redundant Defining who a journalist is or what the press is Determining whether journalists have special rights over members of the general public to violate generally applicable laws in the name of furthering press freedom All of the above
D, All of the above
Which of the following is a TRUE statement about First Amendment doctrine involving public universities? The Supreme Court has never established whether the Tinker test could apply to public universities. Most public university facilities—such as quads or lecture halls—are designated public forums, although some spaces (such as Speakers Circle at MU) have been reserved as traditional public forums. A public university must remain neutral in who it allows to use its designated public forums, but it can publicly take whatever position it wants to in response to a controversial speaker. All of the above
D, All of the above
Which of the following is a rationale for the constitutionality of the FCC's indecency regulations? The scarcity of the electromagnetic spectrum on which broadcasts occur Broadcast is a uniquely pervasive medium Indecency on broadcast has the opportunity to harm children All of the above
D, All of the above
Which of the following is a rationale the Supreme Court gave behind their per curiam decision in New York Times v. U.S.? The Executive Branch cannot just have the Judicial Branch rubber-stamp their orders for censoring the press The more effective remedy for protecting classified information is for the government to better manage (i.e. punish) leakers The press plays a special role in democracy of checking the government All of the above
D, All of the above
Which of the following is a reason why shield laws specifically (and the concept of reporter's privilege broadly) are important? They help sustain trust between journalists and their confidential sources. They help prevent journalists from becoming an instrument of law enforcement. They help allow journalists to report on often controversial matters of public concern. All of the above
D, All of the above
Which of the following is a true statement about shield laws? There is no federal shield law. Missouri has no shield law. Shield laws have varying definitions of which types of journalists they protect. All of the above
D, All of the above
Which of the following is a true statement about the tort of intrusion? Intrusion does not require publication of the material recorded in an intrusion. The First Amendment is not a defense for intrusion. To prevail on an intrusion claim, the plaintiff must prove that the intrusion on his/her reasonable expectation of privacy was offensive to a reasonable person. All of the above
D, All of the above
Which of the following is an accurate assessment of the Clark v. Community for Creative Non-Violence case? Sometimes content-neutral laws, though constitutional, can disproportionately impinge upon certain messages because the manner of speaking is closely linked to the message The regulation against camping overnight on the National Mall was a constitutional time, place and manner regulation What government officials think about a particular message doesn't matter; what matters is the proper application of content-neutral laws. All of the above
D, All of the above
Which of the following is not copyrightable? A recipe Government publications An idea All of the above
D, All of the above
Which of the following statements most accurately describes the current state of free speech law in public high schools: Schools can punish students for speech that occurs on school grounds that causes a substantial disruption to the learning environment. Schools can punish students for speech that the students post to social media outside of school if that speech either causes a substantial disruption to the learning environment or poses a threat to students. Schools can punish students for holding up inane signs vaguely advocating illegal drug use at school-sponsored events. All of the above
D, All of the above
Why do some public figures/public officials still sue for defamation even if it's unlikely they'll win? To "win" in the Court of Public Opinion To create a chilling effect against the press Because they have deep pockets to pay for legal fees All of the above
D, All of the above
According to Gertz v. Robert Welch, Inc., why must public figures prove a higher fault standard (actual malice) than regular, everyday individuals (negligence) in defamation cases? Public figures tend to have greater access to communication channels to rebut defamatory claims. Public figures regularly seek public attention. Society places its trust in public figures just as it does public officials, so the press must be free to hold them accountable. All of the above.
D, All of the above.
The Proud Boys hold a rally in a public park in your hometown. According to reasoning from traditional First Amendment theory, why does the First Amendment protect their right to do so? The only way for society to collectively decide what is true is to allow all kinds of speech to compete in a marketplace of ideas. Allowing such hate groups to speak in public ensures that these groups don't manifest their hate through planning violent acts in secret. Allowing such hate groups to speak in public means that authorities can monitor their activities. All of these
D, All of these
Appropriation and right-of-publicity claims differ in which of the following ways: Appropriation requires a purely commercial use of a person's likeness (like an advertisement), whereas a right-of-publicity claim involves content that seeks to make commercial gains (like a movie). Appropriation generally applies to anyone, whereas a right-of-publicity claim only applies when a person's likeness has commercial value. There is no difference between appropriation and right-of-publicity claims. Both A & B
D, Both A & B
To collect damages, plaintiffs who sue for invasion of privacy through giving publicity to private facts must do which of the following? Show that the publication is highly offensive to reasonable person Show that the plaintiff intruded on their physical solitude Show that the publication is not a matter of public concern Both A & C
D, Both A & C
What is the difference between a traditional public forum and a designated public forum? Government cannot take away the right for all to use a traditional public forum, but it can decide to no longer allow all speakers to use a designated public forum. Viewpoint discrimination is not allowed in traditional public forums, but it is allowed in designated public forums. Traditional public forums tend to include public streets and parks, while designated public forums tend to include public university buildings and municipal auditoriums. Both A and C
D, Both A and C
Which of the following is a FALSE statement about indecency law? Indecency law applies to broadcast. Indecency law applies to print. Indecency law applies to the Internet. Both B & C
D, Both B & C
"Interactive Computer Services" (e.g., social media sites like Facebook and Instagram) lose their immunity from liability for third-party content under Section 230 when which of the following things happens? They receive notice of third-party content that is defamatory. They receive notice of third-party content that contains child pornography or infringes copyright. They materially contribute to the creation of third-party content that is tortious or breaks the law. Both b & c
D, Both b & c
FCC v. Pacifica involved a foul-mouthed monologue by which comedian? Louis CK Richard Pryor Sarah Silverman George Carlin
D, George Carlin
Which of the following statements best describes Marketplace of Ideas Theory? The purpose of exceptional protections for freedom of expression is to ensure that every idea worth hearing shall be heard. The government should give absolute protection to all ideas, no matter what. Free speech is not free—ideas come at a price. The purpose of exceptional protections for freedom of expression is to help society find truth through rational deliberation and processing of all ideas.
D, The purpose of exceptional protections for freedom of expression is to help society find truth through rational deliberation and processing of all ideas.
Which of the following statements most accurately describes the holding from the "I Heart Boobies" case? The students' bracelets amounted to both a substantial disruption and prohibited sexual innuendo. The students' bracelets amounted to a substantial disruption, but they did not amount to prohibited sexual innuendo. The students' bracelets did not amount to a substantial disruption, but they did amount to prohibited sexual innuendo. The students' bracelets amounted to neither a substantial disruption, nor prohibited sexual innuendo.
D, The students' bracelets amounted to neither a substantial disruption, nor prohibited sexual innuendo.
Which of the following scenarios would most likely lead to a cause of action for appropriation: Publishing the fact that a person has AIDS without his or her consent Taking a photograph of someone without his or her consent and selling it as art Writing a screenplay about a famous person's life Using Professor Johnson's headshot without his consent to promote a new app that you created
D, Using Professor Johnson's headshot without his consent to promote a new app that you created
In a 2015 case, the U.S. Supreme Court failed to address what key legal question related to the true threats doctrine? Whether Virginia v. Black should be overturned Whether the perspective of the target of the threatening speech is sufficient for determining true threats Whether the reasonable-person standard is sufficient to determine threatening speech Whether the intent of the speaker should be considered
D, Whether the intent of the speaker should be considered
In New York Times v. U.S., the U.S. Supreme Court held that the government can only restrain publication if it can prove ______________. the publication would criticize public officials the publication would be false the publication would defame public figures the publication would lead to irreparable harm
D,the publication would lead to irreparable harm
According to the First Amendment Encyclopedia, the U.S. Supreme Court has applied the obscenity standard to violent expression. True/False
False