Media Law (J350) Exam 1 Questions
What are the three actions an appellate court can carry out for a case?
1) Affirm 2) Reverse and Render 3) Reverse and REmand
What were the 3 rules put in place by the CAN-SPAM Act of 2004?
1) Banned spammers from sending misleading information or using deceptive headers 2) Required them to use a functional email return address in their emails 3) Prohibited them from sending additional emails to someone who indicated they didn't want further messages
How can the FTC punish people? (What are the devices)
1) Cease and Desist Orders 2) Corrective Advertising 3) Court Injunctions 4) Civil and Criminal Penalties
What are the 4 questions in the Central Hudson test? (When it was created)
1) Is the commercial message misleading or related to unlawful activity? 2) Does the government have a substantial interest that will be achieved by this restriction? 3) Does the restriction directly advance this interest? 4) Is the restriction the least restrictive means possible?
What legal circuit is Texas in?
5th Circuit
What is a tort?
Any wrong other than contracts in which the law provides for a legal remedy in civil court
The appealing party in the appeals process is called the ____
Appellant
WHO WON: Bantam Books v. Sullivan (1963)
Bantam Books
WHO WON: Brandenburg v. Ohio (1969)
Brandenburg
What case was the origin of the incitement standard?
Brandenburg v. Ohio
WHO WON: Whitney v. California (1927)
California
WHO WON: Central Hudson Gas & Electric Company v. Public Service Comm'n of New York (1980)
Central Hudson Gas & Electric Company
WHO WON: Citizens United v. Federal Election Commission (2010)
Citizens United
WHO WON: Cohen V California (1968)
Cohen
What is the First Amendment?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
What are examples of allowed prior restraint?
Copyright violations; obscenity laws; gag orders on trial participants; forbidding papers to publish unconfirmed details in high profile court cases that would bias the jurors
WHO WON: Firestone Tire & Rubber Co. v. FTC
FTC
True or False: The Texas Supreme Court needs to follow Texas State Court precedent
False
True or False: copyright law falls under administrative law
False
True or False: representations of crazily exaggerated products are considered deceptive by the FTC
False
True or False: the CAN-SPAM Act of 2004 banned all spam
False
True or false: State Courts in Texas need to follow New York precedent
False
True or false: Under Section 43(a) of the Lanham Act, individual citizens can sue companies for deceptive advertising if they have a claim they were hurt by it
False
True or false: the Motion to Dismiss comes after Discovery
False
True or False: In United States v. O'Brien (1968) the ban on O'Brien's speech failed to meet the Intermediate Scrutiny law
False (He was convicted of knowingly destroying his draft card, which is a crime that extends beyond content of speech)
True or false: unbridled discretion in granting licenses is not a form of prior restraint
False (if you don't have the license, you can't publish things, so has the same effect as prior restraints)
WHO WON: Federal Trade Commission v. Colgate (1965)
Federal Trade Commission
WHO WON: First National Bank v. Bellotti (1978)
First National Bank
WHO WON: Frisby v. Schultz (1988)
Frisby
What is the criteria for bringing a lawsuit to federal court?
Has to involve federal issues or, in civil court, involve citizens of two states and involve at least $75,000
WHO WON: Hazelwood School District v. Kuhlmeier (1988)
Hazelwood School Disctrict
WHO WON: Hess v. Indiana (1973)
Hess
WHO WON: Holder v. Humanitarian Law Project (2010)
Holder
WHO WON: Herceg v. Hustler Magazine (1987)
Hustler Magazine
WHO WON: Sorrell v. IMS Health (2011)
IMS Health
What is the Prior Substantiation Doctrine?
If an advertiser makes a claim, they need prior substantiation to prove it's true
What are the questions of the Strict Scrutiny test?
Is the law necessary? Is it the least restrictive means? Does it advance the government's interest of the highest order?
Who wrote the First Amendment?
James Madison
WHO WON: Texas v. Johnson (1989)
Johnson
What is executive law?
Laws passed by congress give discretion to the president
WHO WON: Lovell v. City of Griffin GA
Lovell
WHO WON: McIntyre v. Ohio Elections Commission (1995)
McIntyre
WHO WON: Miami Herald v. Tornillo (1974)
Miami Herald
WHO WON: Morse v. Frederick (2007)
Morse
WHO WON: Olivia N v. NBC (Born Innocent) (1981)
NBC
WHO WON: Near v. Minnesota (1931)
Near
WHO WON: Gitlow v. New York (1925)
New York (BUT Gitlow won his argument about the 14th amendment)
WHO WON: New York Times Co. v. United States (1971)
New York Times Co.
WHO WON: Noto v. United States (1961)
Noto
What are the categories of unprotected speech?
Obscenity, Perjury, Fighting Words, False and Misleading Commercial Advertising, and Libel
WHO WON: RAV v. City of St. Paul (1992)
RAV
What is a temporary injunction?
Requires the defendant to do/not do something during the trial process to preserve the status quo
WHO WON: Simon & Schuster v. Crime Victims Board (1991)
Simon & Schuster
What are the two types of Personal Jurisdiction?
Specific and General
WHO WON: United States v. Stevens
Stevens
Content-based laws restricting protected expression must survive what test?
Strict Scrutiny
What is Diversity of Citizenship Jurisdiction?
Suits between citizens of different states involving at least $75,000 that can come to federal court
What is precedent?
The act of using prior decisions for governing models. It provides stability and continuity in the legal system
What is Specific Jurisdiction?
The lawsuit arises out of acts committed specifically in the at jurisdiction
True or False: Administrative agencies can be both federal and state
True
True or False: if an implied representation in an advertisement is false, the FTC can claim its deceptive even if the express representations are true
True
True or false: The Interlocutory appeal (in Texas) comes after Motion for Summary Judgment
True
WHO WON: Abrams v. United States (1919)
United States
WHO WON: Frohwerk v. United States (1919)
United States
WHO WON: Schenck v. United States (1919)
United States
WHO WON: United States v. O'Brien (1968)
United States
WHO WON: Virginia State Board of Pharmacy v. Virginia Citizens Consumer Coucil, Inc (1976)
Virginia State Board of Pharmacy
WHO WON: Watchtower Bible and Tract Society v. Village of Stratton (2002)
Wachtower Bible and Tract Society (Jehovah's Witnesses)
WHO WON: Weirum v. RKO General Inc (1973)
Weirum
WHO WON: Yates v. United States (1957)
Yates
What is Section 43(a) of the Lanham Act?
allows private companies outside of the FTC to sue for deceptive advertising
What is a Prior Restraint?
government action that stops free speech before being said/published
What is Stare Decisis?
interpreting and applying the law based on precedents established by other court rulings
What is ad hoc balancing?
it is understood best through the balancing of competing interest
What is the instrumentalist approach to the Constitution?
its meaning arises from the important values it is intended to advance
What is the Contextualist approach to the Constitution?
its meaning is malleable and depends on the text, the original intent, and our contemporary realities
What does "material" mean in terms of the Federal Trade Commission?
something that is important to a consumer's decision to buy or use the product
What is categorical balancing?
the Constitution's protections vary with the category of speech involved
What is statutory law?
the actual language of the legislative enactments as well as any official court interpretations
What is General Jurisdiction?
the defendant has a presence in the state that justifies a court asserting jurisdiction over them; where they live or their place of business
What is the Originalist approach to the Constitution?
the intent of its authors tells us precisely what it means
What is the Textualist approach to the Constitution?
the words themselves tell us precisely what it means
What are TPM restrictions?
time, place, and manner
