jour 303 final

If a news photographer observes someone napping on a public park bench, the photographer:

May take the photo and publish it in the newspaper without the napper's permission

Which one of the following statements applies to public officials and public figures?

It is more difficult for them to win a defamation lawsuit

Which of the following accurately describes the "fair use" of copyrighted materials?

"Fair use" provides that it is unfair to use another's work of authorship without first getting permission

Which of the following MOST LIKELY creates a threat of "imminent lawless action"?

A speech from the steps of the state capitol building to a boisterous crowd, ending with, "The Governor's in there. Let's go get her!

Libel involves the publication of statements about a person that:

Are damaging to the person's reputation

Under the "marketplace of ideas" theory, the remedy for unpopular speech is:

Disseminating additional speech to counter-act such messages

Which of the following is NOT a right or freedom protected by the First Amendment?

Right to vote

When a website user posts a libelous statement online, which of the following usually CANNOT be held legally responsible?

Someone who re-posts or shares the statement

The Supreme Court has held that the government may regulate advertising because:

The government has an important interest in protecting consumers

Courts have held that political speech and commercial speech receive different levels of protection under the First Amendment. Because of this, organizations like Nike prefer commercial speech to be narrowly defined.

True

The primary federal agent that regulates advertising evaluates only actual representations

True

True or False: The First Amendment is the first among the amendments to the Constitution because its protections for free speech and press were considered by the founders to be the most important.

True

True or False: The Supreme Court has determined that the government may regulate broadcast messages more extensively than it may regulate messages carried via print media.

True

Which of the following government records normally MUST be disclosed to the public under freedom of information laws?

Written summaries of government meetings

When a court is required to follow the legal decision of other courts, those decisions are referred to as

binding precedent

After a civil lawsuit begins, the parties begin a process known as a

discovery

After a civil lawsuit is filed, the defendant must respond by filing a complaint within a set time

false

If you're a First Amendment absolutist, you agree burning the flag in protest is a sign of expressive conduct

false

In SC, state civil and criminal courts operate in separate facilities with separate court personnel

false

The words of the First Amendment to the Constitution clearly state that expressive conduct is speech

false

True or False: The first amendment prohibits all restrictions on speech

false

Valentine v. Christensen is important because the Supreme Court decided for the first time that commercial speech was expression protected by the first amendment

false

Which of the following types of speech has absolutely no protection under the First Amendment?

obscenity

Which of the following is not a source of law?

petitions

If the "strict scrutiny" test is used by a court, it is likely because the government is trying to regulate or restrict which of the following types of expression?

political speech

The most accepted form of commercial speech is

speech that does no more than propose a common transaction