Jour 369 Final exam

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Pleasure or seeking pleasure is what triggers moral goodness. An ethical decision will be one that, after considering possible outcomes, does the most good and/or causes the least harm. This summarizes the philosophy of: 1. Seyla Benhabib. 2. Immanuel Kant. 3. John Stuart Mill. 4. Aristotle.

3. John Stuart Mill.

Ethics is best described as: 1. A process. 2. The same as values. 3. Adhering to morals. 4. A set of strict behavioral rules established through the centuries.

1. A process.

Consumers of journalistic and marketing considerations are most interested in: 1. A value proposition rooted in trust. 2. Speed and accuracy of receiving information. 3. Avoiding "sales speak." 4. Bargains.

1. A value proposition rooted in trust.

During a trial, the judge turned to the press seating area and told the journalists seated there, "Look. The mayor has agreed to testify in this case and will be the next person on the witness stand. She told me that she's worried her testimony might cost her some votes in the upcoming election, so I told her I'd instruct you not to report that she testified or anything she says ... so don't." What's happening here? 1. An attempted unconstitutional prior restraint. 2. An allowable prior restraint under the Judicial Code of 1942. 3. Proper use of the Branzburg test. 4. Improper use of the Branzburg test.

1. An attempted unconstitutional prior restraint.

Personal and societal attitudes about privacy: 1. Are in a near-constant state of change. 2. Always center on what other people might think. 3. Are defined in the Constitution. 4. Varied a lot during early history, but have been consistent since the development of the internet.

1. Are in a near-constant state of change.

An impartial juror is one who is able to: 1. Decide a verdict based only on evidence received during a trial. 2. Has never heard anything about the case. 3. Has no bias. 4. Has well-defined opinions.

1. Decide a verdict based only on evidence received during a trial.

This person is not known as a philosopher but as a stoic. He believed that events in life have no objective meaning, only the meaning individuals choose to attach to the events. He advised diligent thought about where a person could make a difference for the better and striving to make that difference, but not to be consumed by fear or worry about other matters. "Know thyself" might be this person's mantra. 1. Epictetus. 2. Aristotle. 3. Euripedes. 4. Plato.

1. Epictetus.

Which of the following is an accurate statement? 1. Ethics is concerned with asking the right questions en route to a decision. 2. Cultural differences are not a factor in establishing values. 3. Some people have no values. 4. Ethical choices always have good outcomes.

1. Ethics is concerned with asking the right questions en route to a decision.

Jill, a recent IMC graduate, was hired by Boeing, an aircraft manufacturing company, to produce a weekly e-newsletter about company matters. In her design, she always featured a photo of a Boeing employee at work as the dominant element. One week, the employee was Bob, depicted as he painted a cabin interior of a passenger jet under construction. The caption consisted only of his name. Adjacent to Bob's photo was a story with the headline: "Employee Negligence Linked to Fatal Crash." The actual story was about an engine bolt defect found after the crash of a plane made by a different manufacturer. Initially, Bob didn't think anything about it, but his co-workers started pointing to his photo alongside the "Employee Negligence" headline and laughing. This made Bob angry. If he decides to sue his employer, what tort will he allege? 1. False light. 2. Public disclosure. 3. Nothing. Jill and Boeing have 100 percent immunity under the First Amendment. 4. Nothing. Employees can't sue their employer.

1. False light.

Bob played basketball for the University of Wyoming. Before a game, when everyone stood for the playing of the National Anthem, Bob did not stand and knelt in front of his chair. What does the First Amendment say about this? 1. It was protected free expression because Bob likely intended a message and anyone who saw him kneeling instead of standing likely understood the message. 2. It was disrespectful. The First Amendment does not protect disrespectful actions. 3. It was protected free expression if Bob intended a message even if witnesses did not understand what he was "saying." 4. Bob has First Amendment rights, but unless he had a knee injury and could not stand his right of free expression was waived.

1. It was protected free expression because Bob likely intended a message and anyone who saw him kneeling instead of standing likely understood the message.

Imagine a world where all people had the same basic competencies, but each person still had individual goals and ambitions. Imagine further that individuals do not know their "place in the world," that they are ignorant about their own personal characteristics, skills, status, talents, abilities and/or disabilities. Ask yourself what ethical decisions a person in this situation would make in any given circumstances. Odds are they'd make decisions favoring the least-advantaged because for all they knew that was their situation. This illustrates the appropriateness of seeking justice as the primary goal of society advanced by: 1. John Rawls. 2. Martha Nussbaum. 3. Kwame Appiah. 4. Seylah Benhabib.

1. John Rawls.

Which of the following is an accurate statement? 1. Many laws are related to ethics, but many are not. 2. A law's validity can be tested by whether a majority approves of it. 3. All laws have an ethical component. 4. To be valid any law must require prison time for violators.

1. Many laws are related to ethics, but many are not.

What type of First Amendment protection is provided to obscene content? 1. Must be limited to print and the internet, not broadcast. 2. Must not be broadcast, otherwise unlimited. 3. Limited to adult audiences. 4. Non

4. None

Mary earned a master's degree in Integrated Marketing Communication from the University of Mississippi. Six years later she applied for a position on the marketing staff of Nordstrom Department Stores in Chicago. The Nordstrom Human Resources department contacted the University of Mississippi to verify Mary's degree. The university responded that there was no record of Mary attending the University of Mississippi. What could explain this? 1. Mary, while a student, had invoked her FERPA right against release by the university of any information about her. 2. Mary, while a student, had invoked her HIPAA right against release by the university of any information about her. 3. By law, all college degrees are secret. 4. The University of Mississippi is only legally allowed to provide information to other universities, not private employers.

1. Mary, while a student, had invoked her FERPA right against release by the university of any information about her.

CoolKids was introduced as a new digital communications app for people 16 to 24. Users could select whatever username they desired, but downloading the app required people to scan and submit their driver's licenses for age verification. Lois wanted to use the app because all her friends were using it, but didn't want to self-identify. As it happened, Lois was in a college course in which the professor very clearly said, "Anonymity is a right protected by the First Amendment. A person doesn't have to reveal identity into order to engage in self-expression." Lois thinks CoolKids is violating her rights. Is this true? Why? 1. No. On these facts CoolKids is a private enterprise and has no obligation to heed anyone's First Amendment rights. 2. Yes. It is unconstitutional for anyone to disallow expressions by others who choose to remain anonymous. 3. No, but to protect her rights Lois may constitutionally submit a fake ID. 4. Yes. On these facts at least some of the applicants are minors and others may not have a driver's license, so that's clearly discrimination.

1. No. On these facts CoolKids is a private enterprise and has no obligation to heed anyone's First Amendment rights.

Which amendment in the Bill of Rights specifically identifies personal privacy as a protected right? 1. None of them. 2. Second Amendment. 3. Sixth Amendment. 4. Fourth Amendment.

1. None of them.

Bob was a college student and member of a fraternity generally known to have the best cook on campus. Another fraternity was not so fortunate, and was generally known to have an unskilled cook. During a playful gathering of fraternities, Bob and members of his fraternity put on a skit pretending to be members of the fraternity that did not have a good cook. During the skit, the "actors" pretended to eat the food served to them and then, one at a time, pretended to fall to the floor and die. Everybody laughed, but when word about the skit made it back to the cook who was being mocked, he was very offended. The cook's food had never killed anyone, so that it did was clearly a false statement of fact. When the cook filed a libel suit, what would be the best defense for Bob's fraternity? 1. Parody. No one in the audience really believed people died after eating the cook's food. 2. Identity. The cook's name was not used. 3. This was insensitive, so there really is no legal defense. Bob's fraternity will have to pay damages. 4. Publication. On these facts, nothing was actually said.

1. Parody. No one in the audience really believed people died after eating the cook's food.

The rationale for adding the First Amendment to the U.S. Constitution was: 1. People would be better suited to steering society toward "a more perfect union" than government. 2. No state should be admittted to the Union if it had a religious test. 3. Government needed the power to stop revolutions. 4. Clarity and efficiency in managing expression would be a proper role of government.

1. People would be better suited to steering society toward "a more perfect union" than government.

In the United States, the power to govern comes from: 1. Public consent. 2. The Constitution. 3. The Bill of Rights, specifically the First Amendment. 4. The Declaration of Independence.

1. Public consent.

For private plaintiffs, the element of identity is met when: 1. Readers/viewers are given enough information to know who the content is about. 2. The first or last name is used. Doesn't have to be both, but at least one. 3. Anything so long as it is not a fake name. 4. A person's profession or occupation is mentioned.

1. Readers/viewers are given enough information to know who the content is about.

Legal analysis of personal privacy matters is considered in multiple contexts. They are: 1. Space, autonomy and information. 2. Time, place and manner. 3. Familial, private ownership and corporate. 4. Distance, speed and direction.

1. Space, autonomy and information.

Technological determinists believe: 1. Technology is the force that drives history. 2. Technology needs to be determinative. 3. Technology determines the price point of most products and services. 4. Technology is a consistent force that improves the human experience.

1. Technology is the force that drives history.

Today, Section 230 of the Communications Decency Act of 1996 means: 1. That even though they manage content of posts (make choices about what's acceptable to the company) social media companies are legally immune from libel or other civil lawsuits based on any content that appears. 2. Marketing plans of social media companies are subject to review by the American Advertising Federation. 3. Public figures may not create social media accounts. 4. Harvesting of marketing data from personal emails is illegal.

1. That even though they manage content of posts (make choices about what's acceptable to the company) social media companies are legally immune from libel or other civil lawsuits based on any content that appears.

Reliance on data in marketing ... 1. ... is a guarantee of success. 2. ... requires reflection and analysis because the validity of data rests on the metrics by which it was gathered. 3. ... is always better than making decisions without data, regardless of the source of the data. 4. ... is never a good idea.

2. ... requires reflection and analysis because the validity of data rests on the metrics by which it was gathered.

Since the dawn of the digital age, American courts have ruled that a person who merely shares a libelous post is: 1. A republisher, meaning legally responsible for the content. 2. A vendor, meaning not legally responsible for the content. 3. A principal stakeholder as opposed to a bystander. 4. A conveyor, meaning responsible for exposing the libelous statement to a larger audience.

2. A vendor, meaning not legally responsible for the content.

The thinking that internet users should be provided complete anonymity is also known as: 1. The Section 230 option. 2. The right to remain silent. 3. The Peter Principle. 4. The right to oblivion.

4. The right to oblivion.

When the Johnson City town council legally closed its meeting for an executive session to discuss the candidates for fire chief, Janet, whose spouse was an applicant for the position, left her backpack in the room with her cell phone activated to record the discussion. Later, when Janet listened to her recording, one council member said another applicant, Bob, had promised each member of the council a new big-screen TV if the council hired him instead of Janet's spouse. After Janet heard this, she provided her illegally made recording to WBBB-TV, which aired part of the recording in a news story about the hiring of the new fire chief. Bob and the council were furious and wanted to sue Janet, but knew she had no money. Instead, they decided to sue WBBB-TV. What do you know about this? 1. The Innocent Use rule exempts WBBB-TV from liability, even though the journalists may have known the recording was illegally made. 2. It depends. If council members were volunteers and did not receive a salary, it was illegal for them to have a closed session, so Janet has done nothing wrong by secretly recording their conversation. 3. It depends. If Janet had been charged with a crime, then WBBV-TV could not deny knowing the tape was illegal. If she had not been arrested, they could claim innocence. 4. WBBV-TV knew or reasonably should have known the recording was illegally made, so the TV station is as liable for breaking the law as Janet.

1. The Innocent Use rule exempts WBBB-TV from liability, even though the journalists may have known the recording was illegally made.

The adage, "What we know about ourselves that no one else knows tells us who we are," relates most strongly to: 1. The natural law sphere of privacy. 2. The Anglican creed. 3. Intellectual property. 4. Data Determinism.

1. The natural law sphere of privacy.

Bert was mayor of Youngville. In keeping with the town's name, the community development committee decided to try to attract young professionals as residents and designed a marketing campaign to serve that purpose. As it happened, the Youngville Senior Citizens Club wanted to have a parade to celebrate being elderly. Bert feared this would counteract the town's marketing plan, so he encouraged the town council to deny the club's request for a parade permit. Is the First Amendment in play in this situation? 1. Yes, this is a state actor imposing a content-based restriction on time, place and manner of expression - which is not allowed by the First Amendment. 2. No. A town has every right to market itself as it pleases. 3. Yes, this is age discrimination - which is not allowed by the First Amendment. 4. No. Elected officials can deny permits for any reason or no reason at all. They were elected to help communities and are free to base their decisions entirely on what's helpful.

1. Yes, this is a state actor imposing a content-based restriction on time, place and manner of expression - which is not allowed by the First Amendment.

Drew Brees became famous in New Orleans as the quarterback of the Saints football team. One day Bob, who owned a seafood restaurant, noticed Brees' name on a take-out order. Always thinking about improving business, Bob used a new slogan in his advertising. It was, "Drew Brees loves our food. You will, too." Anything wrong with this? 1. Yes, this is classic commercial appropriation. 2. Yes, but only because Bob only knows Brees bought the food. He doesn't know whether he ate the food or thought it was good. 3. No. It's truthful. 4. No, this is not an intrusion because Brees is a public figure.

1. Yes, this is classic commercial appropriation.

Bob and Bill operated competing donut shops in Oxford. Bill consistently had more traffic and sold more donuts. Bob wondered why, so one day he went to Bob's shop and checked the garbage. He learned that Bill was using Pillsbury flour. Bob changed from the brand he was using to Pillsbury, and immediately customers started responding favorably and his business increased. Bill noticed this and while routinely reviewing his security camera footage he saw Bob going through his garbage and pulling out a Pillsbury sack. Bill wants to sue for invasion of his donut shop's privacy. You've taken media law, so you tell him: 1. You have no case under the four common law torts. 2. You might have a case for public disclosure of private facts. 3. This is commercial appropriation. 4. This was clearly intrusion upon seclusion.

1. You have no case under the four common law torts.

In our course, we use the term "outlier" to describe: 1. Any expression determined to be outside the scope of First Amendment protection. 2. Any law that requires truthfulness in expressions by public officials. 3. Any ex post facto law. 4. Any law passed by a state Legislature that is not also passed by Congress.

1. Any expression determined to be outside the scope of First Amendment protection.

"A rule of reason to balance the author's right to compensation for his work, on the one hand, against the public's interest in the widest possible dissemination of ideas and information on the other." This defines: 1. Fair use. 2. Fair fight. 3. Fair play. 4. Hot news.

1. Fair use.

Labels rating the content of movies and video games are a consequence of: 1. Marketing moves made by the movie and video game industries. 2. Miller vs. California. 3. The Children's Internet Protection Act. 4. The Digital Millenium Copyright Act.

1. Marketing moves made by the movie and video game industries.

The best resource for a person needing information about whether a meeting or a record is open to the public in Mississippi is: 1. The Mississippi Ethics Commission website. 2. The Mississippi Accountability Website. 3. The Mississippi Legislature website. 4. The website of the Administrative Officer of the Courts.

1. The Mississippi Ethics Commission website.

Susan created an advertisement for her client who sold children's bicycles. The image in the ad showed a happy child sitting astride a bicycle with approving parents and other (clearly jealous) children standing around. Later the same year, Mike created an advertisement for his client who sold children's bicycles. The image in the ad showed a happy child sitting astride a bicycle with approving parents and other (clearly jealous) children standing around. When Susan saw Mike's advertisement she was convinced Mike had infringed on her original work of authorship that she had reduced to a tangible medium of expression. If Susan decides to claim copyright violation, what will decide the matter? 1. Whether Mike's advertisement was transformative or derivative. 2. Whether Susan had registered her copyright. 3. Whether the same audience saw both advertisements. 4. All of the above.

1. Whether Mike's advertisement was transformative or derivative.

The power of rationality (reason) in humans compels both intellectual virtue (understanding a situation) and moral virtue (such as courage, justice & truthfulness). Given that people are also driven by emotion and don't live in isolation, the combination of intellectual virtue and moral virtue compel civic virtue, defined as making decisions gauged to enhance human flourishing. This is a rough estimate of the philosophy of: 1. Martha Nussbaum. 2. Aristotle. 3. Epictetus. 4. John Rawls.

2. Aristotle.

Which of the following is a best practice recommendation the Federal Trade Commission suggests for entities that collect personal data? 1. All of the above. 2. Be transparent; that is, let people know what you do with their personal information. 3. Retain everything; never delete old data. It might be useful in a future situation. 4. Provide periodic reports to the Consumer Safety Commission.

2. Be transparent; that is, let people know what you do with their personal information.

What's the difference between common law and black-letter law? 1. There is no difference. They both come from constitutions. 2. Common law is derived through the ages by basing decisions on what was done in previous same or similar situations. Black-letter law is positive law almost always enacted by representative assemblies. 3. Black-letter law is derived through the ages by basing decisions on what was done in previous same or similar situations. Common law is positive law almost always enacted by representative assemblies. 4. Black-letter law is federal law and common law is state law (e.g. commonwealth law).

2. Common law is derived through the ages by basing decisions on what was done in previous same or similar situations. Black-letter law is positive law almost always enacted by representative assemblies.

Ed bought a new cowboy hat, put it on and stood in front of Martha. "How do I look?" Ed asked. Martha gazed at Ed and thought to herself, "You look like a goober." Out loud, she said, "Ed, I hate to say this, but you look like a clown in that. It's simply a horrible look for you". The big word for Martha's ethical approach on how to respond is: 1. Teleological. 2. Deontological. 3. Quasi-logical. 4. Illogical.

2. Deontological.

Under common law, a republisher is: 1. Immune under the Doctrine of Means. 2. Equally responsible for content as a publisher because the republisher exercised a choice whether to publish. 3. Must be at least 21 years of age. 4. Exempt from legal responsibility under Section 230 of the Communications Decency Act.

2. Equally responsible for content as a publisher because the republisher exercised a choice whether to publish.

There are legal cases in which the outcome isn't determined by placing blame or awarding damages. Examples are adoptions, property ownership disputes, guardianships and divorces. How are the courts hearing such cases classified? 1. District courts. 2. Equity courts. 3. Appeals courts. 4. Justice courts.

2. Equity courts.

Jane and Martha were friends so it was no surprise when months ahead of her actual birthday, Jane told Martha, "I'm going to be host for your best birthday party ever." A few weeks later, Ellen, also one of Jane's friends, called Jane and asked her to come to Minnesota for Ellen's wedding week and to be a bridesmaid, too. Jane had always wanted to go to Minnesota and really liked Ellen and wanted to be in her wedding, but declined. Her thinking was that she had already made a promise to Martha, and keeping a promise was more important than any other consideration. Jane's decision was in keeping with the philosophy of: 1. Artistotle. 2. Immanuel Kant. 3. John Rawls. 4. Seyla Benhabib.

2. Immanuel Kant.

What matters most is to stay true to moral standards and recognize them as strict duties. We shouldn't worry about the outcomes because, in the aggregate, societal good will result if decisions follow the moral (or most moral) path. This summarizes the philosophy of: 1. Epictetus. 2. Immanuel Kant. 3. W.D. Ross. 4. Philippa Foot.

2. Immanuel Kant.

When intellectual property is in the public domain, that means: 1. The doctrine of "fair use" has been applied more than three times. 2. It is not subject to patent, copyright or trademark protections or those protections have expired or lapsed. 3. It is owned by the federal government. 4. It cannot be sold or duplicated without a state license.

2. It is not subject to patent, copyright or trademark protections or those protections have expired or lapsed.

All courts have defined powers limiting them to certain topics and people (or parties). The term for this is: 1. Jurisprudence. 2. Jurisdiction. 3. Scope. 4. Stare decisis.

2. Jurisdiction.

Jason grew up in a household where all the adults around him valued their social status more than anything. As an adult he realized that the one-upping (when his father bought a boat, his uncle bought a bigger boat) had created great financial stress. Everyone owed more to banks and credit cards than they could pay. But it looked good, so Jason fell into the same pattern. Jason's situation could best be described as a: 1. Individualism. 2. Moral failure. 3. Ethical challenge. 4. Cultural difference.

2. Moral failure.

When Ted first moved into his apartment, he knocked on the door of his next-door neighbor. They chatted and exchanged contact information (cell phone numbers) so one could get in touch with the other if needed. They didn't really speak again, but Ted noticed that scruffy-looking people came to his neighbor's door all night. The visitors would stay a while and then skulk away in the darkness. Ted decided to text his neighbor about this. Ted wrote and sent "It's clear you are a drug dealer. I see weird people coming to your apartment always alone and always at night. If this continues, please know I will call the police." The neighbor received the text and became very angry. He wasn't a drug dealer. He was a rehab counselor and his clients came to talk to him when they were having a crisis. He would help them recenter before they left. The neighbor was so angry he came to see you because he knew you had taken a media law course. "Can I sue him for libel?" the neighbor asks you. You correctly answer: 1. Yes, being called a drug dealer is a false statement of fact. 2. No, nothing was published. 3. No, Ted's statement was opinion. 4. Yes, all the elements are present.

2. No, nothing was published.

The firm basis upon which hate speech is not punishable by government in America is: 1. As bad as it may be, hate speech is an important part of politics. 2. Hate speech doesn't really hurt anything; it just shows the character of the speaker. 3. It would require government to attach a value to an expression, which is something the government is not allowed to do. 4. Hate speech is far too common, especially on the internet.

3. It would require government to attach a value to an expression, which is something the government is not allowed to do.

Ashley was a server in a restaurant. She told Todd, another server, that the cooks were always messing up her orders and that their mistakes were causing her to lose TIP money because customers blamed the cooks' mistakes on her. Todd was dating Addison, a cook, and related what Ashley said. Addison told the manager, who fired Ashley for having a bad attitude and saying bad things about her coworkers. What does the First Amendment say about this? 1. It was a violation of Ashley's free speech rights, period. 2. Nothing. 3. If it was legal to fire Ashley for what she said, then Todd also has to be fired for what he said. 4. It was a violation of Ashley's free speech rights, but only if she could prove the cooks were, in fact, messing up her orders.

2. Nothing.

The study of ethics is based in: 1. Income enhancement. 2. Philosophy. 3. Faith. 4. Trial and error.

2. Philosophy.

Margie was fascinated by the wonderful singer Aretha Franklin. One Sunday, she invited her co-worker, Alice, to come to her home to prepare for a meeting with other office colleagues on Monday. Alice, who had never been to Margie's house previously, was amazed at all the Aretha Franklin decorations. There were posters of Frankin on all of Margie's walls and framed ticket stubs to Franklin concerts. A gold frame held a napkin with the singer's autograph. Refreshments were served on souvenir plates from the Aretha Franklin gift shop and while Margie and Alice worked, Franklin's music was playing softly on speakers all through Margie's residence. The next day, when the full group was meeting, Alice commented, "In case you didn't know, Margie is super-fascinated with the life, career and talent of Aretha Frankin." Margie was shocked by this statement. She considered that she was an Aretha Franklin fan to be her private business and of concern to no one else. She didn't give Alice permission to disclose or make any comment about it. Although they had been friends and co-workers, If Margie decides to sue Alice for invasion of privacy, which of the four common law torts would be the proper frame? 1. Appropriation for trade purposes. 2. Public disclosure of private facts. 3. False light. 4. Intrusion upon seclusion.

2. Public disclosure of private facts.

When a celebrity's name or likeness is used to boost business without payment to or permission of the celebrity, this is said to violate the celebrity's: 1. Selective endorsement. 2. Right of publicity. 3. Anonymity. 4. Freedom of speech.

2. Right of publicity.

Morals are: 1. Situational. 2. Standards defining conduct deemed acceptable at a societal level. 3. The difference between right and wrong. 4. Listed in the Constitution.

2. Standards defining conduct deemed acceptable at a societal level.

Ed bought a new cowboy hat, put it on and stood in front of Martha. "How do I look?" Ed asked. Martha gazed at Ed and thought to herself, "You look like a goober." But she knew Ed's self-esteem was fragile and that he really liked movies about the Old West, so she said, out loud, "You look great!" The big word for Martha's ethical approach on how to respond is: 1. Abysmal. 2. Teleological. 3. Dilapidated. 4. Deontological.

2. Teleological.

Under the spirit of the law, the basis for denying public access to a meeting or a record should always be: 1. That closure avoids libel suits. 2. That closure serves a public interest. 3. That closure protects personal privacy. 4. That closure avoids embarrassment of officials.

2. That closure serves a public interest.

The core basis for Americans accepting the decisions and verdicts of U.S. courts is: 1. Only the wisest men and women are chosen for judgeships. 2. Their work is open to the public, which makes their reasoning trustworthy. 3. Their decisions almost always mirror public opinion. 4. They have great powers enumerated in the Constitution.

2. Their work is open to the public, which makes their reasoning trustworthy.

The problem with applying Section 230 immunity to social media platforms is that: 1. Most people now get their news via social media. 2. They do moderate/manage/control content on their platforms, which would, under common law, make them legally accountable for their choices. 3. They do moderate/manage/control content but do so without public input about what should or shouldn't be acceptable. 4. There are still areas in the United States and around the world that do no have internet access.

2. They do moderate/manage/control content on their platforms, which would, under common law, make them legally accountable for their choices.

Under the Branzburg test, journalists are exempt from testifying in court cases unless it is determined ... 1. Their editors gave them permission. 2. They have information that goes to the heart of the case and the information is not available anywhere else. 3. They have written proof of a promise not to disclose their sources. 4. They failed to promise confidentiality to their sources.

2. They have information that goes to the heart of the case and the information is not available anywhere else.

A valid reason to study ethics is: 1. To ensure that all decisions mirror moral standards. 2. To improve the process of decision-making. 3. To become more self-confident and care less about others and what they think. 4. To become able to consistently avoid unforeseen outcomes.

2. To improve the process of decision-making.

The Commercial Speech Doctrine test is applied when: 1. A claim of false advertising is filed. 2. A federal (not state or local) regulation of advertising is proposed that has nothing to do with the truthfulness of the content. 3. When an advertising message is designed to appear on multiple platforms. 4. A regulation of advertising is about something other than the truthfulness of the content.

2. A federal (not state or local) regulation of advertising is proposed that has nothing to do with the truthfulness of the content.

How long does a trademark last? 1. Seventy years unless owned by a corporation, then 95 years. 2. For as long as it is used and protected by the owner. 3. Twenty years. 4. Two weeks.

2. For as long as it is used and protected by the owner.

What does the law say about influencer advertising? . 1. People receiving cash payments for endorsements must disclose the amount they have been paid. 2. People receiving any benefit from providing endorsements of products or services must in some manner disclose their motivation. 3. Nothing. Free speech. 4. People who are celebrities must disclose payment for their endorsements. Regular citizens are not required to do so.

2. People receiving any benefit from providing endorsements of products or services must in some manner disclose their motivation.

Pete, an Auburn fan, was visibly distressed after the university's football team lost its game against the Ole Miss Rebels. As he was leaving the stadium and walking across a parking lot, he saw a person shooting video with a shoulder-held camera. Pete ran toward the camera, shouted "Go to Hell Ole Miss," and made an obscene gesture into the camera with his fingers. Later, the clip was used on Channel 37 as the announcer said, "Some Auburn fans weren't happy with the outcome of the game." Later, Pete had calmed down and felt humiliated. He sensed that his privacy had been invaded and that he was being opened to public ridicule. What does the law say about this? 1. Channel 37 should have focused on the Ole Miss fans who were happy. Legally speaking, there's too much negativity in the news. 2. Pete was in a public place (presumably) and had no reasonable expectation of privacy. He has no legal case against Channel 37. 3. This would normally be an invasion of Pete's privacy, but the News Exception applies. 4. This would normally be an invasion of privacy, but both the News Exception and Booth Rule apply.

2. Pete was in a public place (presumably) and had no reasonable expectation of privacy. He has no legal case against Channel 37.

Which of the following is NOT a lawful order of a first responder working in a public space? 1. Be quiet. 2. Stop taking pictures. 3. Move over there. 4. Get out of the way.

2. Stop taking pictures.

What's a major problem with the Digital Millenium Copyright Act's takedown provision? 1. The provisions don't include money damages, so there's no point in using them. 2. The provisions are complicated and take a long time to enforce. 3. The provisions only apply in influencer situations. 4. The provisions conflict with the Berne Convention.

2. The provisions are complicated and take a long time to enforce.

Bob had a highly popular podcast about picnic food, and his audience was growing by hundreds of people every day. Bob sold advertising messages to earn income for himself and pay for the podcasting equipment. Juicy Hotdog Company approached Bob and asked to purchase advertising time in the podcast. Based on his belief that hotdogs were not a healthy food, Bob decided not to do business with Juicy and rejected their request. Any legal problem with this? 1. No. As long as Bob has a provable reason - and everyone knows hotdogs are unhealthy - Bob can refuse the company's offer. 2. No. 3. Yes. There's no constitutional issue on these facts, but if a company is in the business of selling advertising space it can't pick and choose its customers. 4. Yes. Bob is discriminating against a legal business and therefore his decision is unconstitutional.

2. no

In Mississippi, all judges: 1.Except municipal court judges are elected in non-partisan elections and serve for life unless impeached. 2.Except municipal court judges are elected in non-partisan elections and serve for fixed terms of years. 3.Are appointed by the person serving as governor and, if not removed by voters in recall elections, serve life terms. 4.Are appointed by Regional Judicial Councils.

2.Except municipal court judges are elected in non-partisan elections and serve for fixed terms of years.

Increasingly, pledges to protect and respect personal privacy are: 1. Required by international law. 2. Documented in FERPA filings. 3. An effective marketing tool. 4. Being added to fool the public, which is a tort known as false pretenses.

3. An effective marketing tool.

Jane and Martha were friends so it was no surprise when months ahead of her actual birthday, Jane told Martha, "I'm going to be host for your best birthday party ever." A few weeks later, Ellen, also one of Jane's friends, called Jane and asked her to come to Minnesota for Ellen's wedding week and to be a bridesmaid, too. For Jane, this presents: 1. A test of wills. 2. A moral challenge. 3. An ethical challenge. 4. A rite of passage.

3. An ethical challenge.

Defined, actual malice means: 1. Any person making a libelous statement was motivated by anger or hatred. 2. Any person publishing a libelous statement had an ulterior self-serving motive. 3. Any person publishing a libelous statement knew it was false or acted with reckless disregard to its truth or falsity. 4. Any person publishing a libelous statement did so in haste.

3. Any person publishing a libelous statement knew it was false or acted with reckless disregard to its truth or falsity.

Bob watched a documentary and learned that half the people released from prison commit more crimes and are returned to prison. In response, he climbed a tree outside the largest prison in his region and shot every other person leaving through the prisoner release gate. He thought he would save taxpayers the expense of reincarceration, but guards spotted him in the tree and shot and killed him. It was Bob's mother who explained what had motivated him to become a killer. Family members of his victims were crushed at the deaths of their loved ones and decided to sue the company that produced the documentary. What legal test would be applied in this situation today? 1. Were the makers of the documentary negligent in that they should have known someone might do what Bob did? 2. Did the documentary result in any other violence? 3. Did the documentary influence Bob or did it cause him to become a killer? 4. Were the people being released likely to commit more crimes?

3. Did the documentary influence Bob or did it cause him to become a killer?

Trade associations for a wide assortment of products and services have backed a newer category of common and/or black-letter torts similar to the elements of libel. They are known as: 1. Protectionism. 2. Strict liability statutes. 3. Disparagement laws. 4. Commercial interference laws.

3. Disparagement laws.

Most states require that in libel cases, a commercial product or service must prove damages by: 1. Negligence by the defendant. 2. Proving that false statements were intentionally posted by competitors to gain more business for themselves. 3. Financial impact. 4. Eliminating any possibility of mistaken identity.

3. Financial impact.

After presidential appointment and U.S. Senate confirmation, so-called Article III federal judges serve 1. There's an error in the question. Federal judges do not require Senate approval. 2. Four-year terms. 3. For life unless impeached. 4. Eight-year terms.

3. For life unless impeached.

If digital profiles become less obtainable as a result of tighter privacy legislation, the "golden rule" of marketing being threatened is: 1. Truthfulness. 2. Keep pricing competitve. 3. Get the most effective message before the most likely client at the least possible cost. 4. Veritas et Armis.

3. Get the most effective message before the most likely client at the least possible cost.

Alice posted, "I wonder if Judy's husband knows Bob's car was at their house the whole time her husband was out of town." Could this be libel when, in fact, Bob's car was there because he had gone with Judy's husband on a trip and merely left his car at their house? 1. No. This is opinion. 2. No. Alice does not explicitly say Bob and Alice were engaged in immoral conduct. Libel requires a clear false statement of fact. 3. Maybe. A strong-enough implication - of adultery in this case - can become a false statement of fact. Exact words are not needed. 4. Yes, because Judy is not identified as a public official.

3. Maybe. A strong-enough implication - of adultery in this case - can become a false statement of fact. Exact words are not needed.

Bob operated Bob's Online News in the small town of Kearney, Nebraska. One day he heard a rumor and based on what he heard he posted: "There are reports that second-grade teacher Irma Bombeck has been fired by Local School District and arrested on a theft charge by Local Police. The report said Miss Bombeck was accused of collecting students' lunch money and not turning it over to the cafeteria. We have not been able to contact Bombeck, the schools or the police, so at this time the report is totally unconfirmed." After the post, Bob's calls were returned by police and the schools. Both said the rumor was absolutely untrue and that Bombeck was in her room, peacefully reviewing spelling words with her second graders. Bob removed the post. After school when Bombeck learned of Bob's post, she decided to sue for libel. If Bob has a defense, it is: 1. Fair report. 2. Innocent mistake. 3. Neutral reportage. 4. Freedom of the press.

3. Neutral reportage.

Drew Brees became famous in New Orleans as the quarterback of the Saints football team. One day Bob, who owned a seafood restaurant, noticed Brees' name on a take-out order. Always thinking about improving business, Bob used a new slogan in his advertising. It was, "Drew Brees loves our food. You will, too." As it happened, the new slogan had no effect. Bob's sales did not increase. Does this fact matter? 1. It depends. If the Saints had a winning record, Bob will owe damages. If not, Brees' name has no value. 2. Yes. Under the rule of nolo contendere, there can be no tort without monetary gain by the defendant. 3. No. What matters is that Bob intended to associate Brees' fame with his product. 4. It depends. As long as sales did not decline, Brees' "endorsement" had actual value.

3. No. What matters is that Bob intended to associate Brees' fame with his product.

In a social media post, Jack predicted that Ole Miss would win its football game against Alabama. Pete saw the post and commented that Jack must be out of his mind. Jack saw Pete's comment and deleted it. Pete posted the same reply and Jack deleted it again. Eventually Jack blocked Pete from making any comments. What does the First Amendment say about this? 1. Jack was correct. There is no right to disagree in the First Amendment. 2. Jack was wrong. Expressions of opinion are protected by the First Amendment. 3. Nothing. 4. Jack was wrong. Only the owners of the social media platforms (Instagram or Twitter, for example) can manage content.

3. Nothing.

Attempting to define "good" and "bad" is a distraction and a pointless waste of time. In nature, we can easily observe there are definite components - water, sunlight, appropriate soil - that are helpful for plants and there are factors - darkness, drought and poor soil - that are not helpful for plants. Mankind is part of nature, so it's no real stretch to observe the things that are good for humanity, such as keeping promises and minimizing harm, will help us flourish. This is a summary of the philosophy of: 1. John Rawls. 2. John Stuart Mill. 3. Philippa Foot. 4. Aristotle.

3. Philippa Foot.

Bob was a reporter for local news. One day he was covering a trial in state court and, after a witness testified, the judge turned to Bob, the only journalist in the courtroom, and said, "I really don't think anything that witness said was important. Don't include any of that testimony in your story." Bob took a course dealing with media law, so he knew: 1. It's the duty of judges to administer justice as they see fit, so Bob would be wise to do as instructed. 2. It would probably be OK for Bob to use some of the testimony in his story, so long as he did not disclose the name of the witness. 3. The judge appears to have ordered an unconstitutional prior restraint. 4. Bob had best do what the judge said or he might not be allowed back in the courtroom.

3. The judge appears to have ordered an unconstitutional prior restraint.

Values are: 1. What matters at the cultural level. 2. A process by which a majority will decide whether something is good or bad. 3. The personal beliefs about right and wrong that motivate individuals to act one way or another. 4. Fixed by well-defined assumptions about acceptable versions of truths.

3. The personal beliefs about right and wrong that motivate individuals to act one way or another.

Just as math exists and would exist in the absence of humans, rightness and goodness exist naturally, People are born with the values of loyalty, gratitude, justice, and self-improvement. These are not taught or invented as best practices. This summarizes the philosophy of: 1. John Stuart Mill. 2. Immanuel Kant. 3. W.D. Ross. 4. Kwame Appiah.

3. W.D. Ross.

Margie was a devoted fan of the wonderful singer Aretha Franklin. One Sunday, Margie invited her co-worker, Alice, to come to her home to prepare for a meeting with other office colleagues on Monday. Alice, who had not been to Margie's house previously, was amazed at all the Aretha Franklin items. There were posters of Frankin on all of Margie's walls and framed ticket stubs to Franklin concerts. A gold frame held a napkin with the singer's autograph. Refreshments were served on souvenir plates from the Aretha Franklin gift shop, and while Margie and Alice worked, Franklin's music was playing softly on speakers all through Margie's residence. The next day, when the full group was meeting, Alice commented to others, "In case you didn't know, Margie is super-fascinated with the life, career and talent of Aretha Frankin." Margie was shocked by this statement. She considered the fact that she was an Aretha Franklin fan to be her private business and of concern to no one else. She didn't give Alice permission to disclose or make any comment about it. Although they had been friends and co-workers, Margie decided to sue Alice for invasion of privacy. What will the jury need to decide? 1. Nothing. Alice was invited into Margie's home and so Margie has consented to the disclosure of any and all of her personal information. 2. Nothing but how much money to award Margie. Alice should know when to keep her mouth shut. 3. Whether a reasonable person in the same situation would have reacted as Margie did. 4. Whether Margie is a public figure.

3. Whether a reasonable person in the same situation would have reacted as Margie did.

Growing up, Barbara wanted nothing more than to be a ballerina. She practiced and practiced and was sure she was ready to compete on the New York stage. Sadly, she was hit by a car as she crossed a busy New York street on the way to her audition. The broken leg she sustained ended her hopes. The people at the ballet school in her hometown loved and admired Barbara. The school's director had a copy of the essay Barbara had written when applying for the New York Ballet. It contained a quote Barbara originated: "Ballet is life, and my life is ballet." The director wanted to have that quote painted above the doorway of the school as a surprise. What process should be followed? 1.Barbara's words are in the public domain. 2. There's no indication that Barbara registered her quotation with the federal government as required, so the best practice is to surprise her. 3.It will be best to get Barbara's permission in advance. 4.Do it. Quotations can't be copyrighted.

3. It will be best to get Barbara's permission in advance.

For purposes of legal rights analysis, what is true about infringement of a junior high school student's copyright of a poem she wrote for class and infringement copyrighted music in a long-running Broadway musical? 1. The law always protects minors more than adults. Plus the poem is unique and millions of people know Broadway songs and sing them all the time. 2. The Broadway music has fungible value while the poem does not because minors can't hold copyrights. 3. The legal analysis the same. Ownership is ownership. 4. Clearly, because people pay to see Broadway musicals, such a major work would have greater statutory protection than a child's poetry.

3. The legal analysis the same. Ownership is ownership.

Frank and Bob were graduate students and partners in life. Frank was working on a Ph.D. in Plant Science and Bob was working on a Ph.D. in communications law. One day, Frank came home and exclaimed, "We're going to be rich! It was confirmed today that the flowering plant I found on our last camping trip was previously unknown. It will be added to the official Plant Index as Frankium. Quick, I need you to help me get a patent or copyright or whatever." Bob replies, accurately: 1. That's great! I don't have to do anything. Your copyright was created at the moment of your discovery. 2. What you need is a patent. 3. Actually, because Frankium has always existed your work amounts to a discovery, not an original work of authorship. You will not be able to claim intellectual property rights. 4. Here's the deal: Sadly, because we are students we don't have property rights to our discoveries.

3. Actually, because Frankium has always existed your work amounts to a discovery, not an original work of authorship. You will not be able to claim intellectual property rights.

After graduation, Lurlene landed a position with a marketing and advertising firm in Chattanooga, Tenn. Her boss came into her office the first day and said, "Gatlinburg is about 40 miles from here. We have a client there who operates a pancake restaurant. He says a competitor has opened a pancake restaurant across the street and because of that he needs a new sign, bigger and brighter than the newer restaurant. Will you take care of that?" What's Lurlene's first step? 1. Obtain samples of the color palette the client's restaurant currently uses to make sure the new sign matches it. 2. Drive to Gatlinburg and measure the size of the sign on the new restaurant. 3. Contact authorities in Gatlinburg to obtain a copy of any sign ordinances the town enforces. 4. Perform a google search for companies that produce large signs in the region and, if possible, pricing information based on the size.

3. Contact authorities in Gatlinburg to obtain a copy of any sign ordinances the town enforces.

In legal terms, ownership of any type of property is: 1. Determined by risk of loss. 2. Nine-tenths of the law. 3. Defined by the rights the owner does or doesn't have relevant to the property. 4. Established by precedent.

3. Defined by the rights the owner does or doesn't have relevant to the property.

Marty graduated and created Fone-Tech, a business that would offer telemarketing services to a variety of clients selling everything from life insurance to home safety equipment. He borrowed $50,000 and purchased auto-dialing software that would place calls. If answered, the person being called would hear a recorded message about the product and "press 1" to speak to a live representative. Those who pressed 1 would be redirected to his client/seller. Because he had no employees or overhead expenses except his computer and the software, Marty projected he would earn about $400,000/year after taxes. To be legal, what's the first thing he should do? 1. There's nothing he can do to be legal. Robo-calling is illegal in all 50 states. 2. He must establish that anyone he calls has enrolled in the national database indicating their desire to receive robo-calls. 3. Download and install all federal and state "Do Not Call" lists so that his auto-dialer would filter out and not place calls to phones that had been enrolled on the lists. 4. He must assure that no one is called who is not 21 years of age.

3. Download and install all federal and state "Do Not Call" lists so that his auto-dialer would filter out and not place calls to phones that had been enrolled on the lists.

Addison was hired as marketing director for Ace Publishing, a company that had purchased all rights to a tourist guidebook named "Historic Maine" written by Peter. One day in a meeting, Peter told Addison, "Look, I don't want my book sold in Maine. There are a lot of history snobs there who will want to quibble with me about every fact in the book and I don't have time for that." Under copyright law, Addison's response would be: 1. Peter, yes, you are right. This is your work, but we will reduce our payments to you by the amount Ace would likely have made settling your book in Maine. 2. Peter, yes, the people of Maine have a long history of bullying, and you have the right to avoid that. 3. Peter, normally you would have control over distribution, but Ace purchased all rights and so Ace may legally decide where your book will be sold. 4. Peter. The only issue here is that facts can't be copyrighted, meaning Ace now owns the facts in your book.

3. Peter, normally you would have control over distribution, but Ace purchased all rights and so Ace may legally decide where your book will be sold.

Karen and Melanie wrote a children's book together and obtained a copyright in both of their names - equally. Under current law, when will their copyright expire? 1. Never. 2. In 70 years. 3. Seventy years after the death of whichever of the two lives longer. 4. In 95 years.

3. Seventy years after the death of whichever of the two lives longer.

What is known as copyright today began about 300 years ago with the: 1. Statute of Joan. 2. Statute of Bob. 3. Statute of Anne. 4. Statute of Bertha.

3. Statute of Anne.

The Ohio Department of Wildlife, a government agency, created a safety-centered web page showing the poisonous snakes that could be encountered in Ohio. The photographs on the site were taken by a herpetologist employed by the World Wildlife Fund, a private organization, to take photos of various snake species. The Department of Wildlife obtained permission to use the photos. Assuming no additional information, who owns the copyright to the photographs on the web page? 1. The herpetologist who took the photos. 2. The State of Ohio. 3. The World Wildlife Fund as works made for hire. 4. No one, because the government does not copyright its own content.

3. The World Wildlife Fund as works made for hire.

Jack was the marketing director/purchasing agent for a chain of several hundred convenience stores. In order to optimize sales, he made a list every week of the best-selling chips, candy and sodas. He emailed this list to individual store managers with instructions to display the top-selling items in the best shelf positions. Lucy, a longtime manager for the chain where Jack worked, decided to open her own store. She resigned and purchased a building in a new location, but somehow she remained on Jack's batch emails to managers. Lucy didn't complain. In fact, she used Jack's emails when ordering the stock for her store. As it happened, Jack found out about this and asks you if he should sue Lucy for copyright infringement. What do you tell him? 1. The Digital Millenium Copyright Act prohibits copying other people's emails, so you will win if you sue her. 2. You may sue Lucy if you wish. Your list is an original work of authorship reduced to a tangible medium of expression. 3. You have no case. Lists can't be copyrighted. 4. You can't win on copyright because you can't prove damages, but you might think about invasion of privacy.

3. You have no case. Lists can't be copyrighted.

Challenges to ethical practice include: 1. The fallacy that if technology makes something possible, it is also ethical. 2. The fallacy that everything that is legal is also ethical. 3. Intellectual laziness by resorting to reflexive "gut" decisions. 4. All of the above.

4. All of the above.

Ethical thinking is or can be associated with: 1. What to wear when dressing for a date. 2. Whether to end life support for a person who shows no brain activity. 3. The purchase of a vehicle. 4. All of the above.

4. All of the above.

Privacy law can be found in: 1. Common law. 2. Administrative regulations. 3. Black-letter statutes. 4. All of the above.

4. All of the above.

The importance of ethics has become more pronounced today due to: 1. Ever-increasing pressures to maximize profits. 2. Explosive and unprecedented growth in messaging. 3. Automated profiling of individuals in the digital audience. 4. All of the above.

4. All of the above.

The Texas Legislature passed a law some people didn't like. The people who didn't like the law filed a lawsuit against its enforcement. Eventually, the case went to the U.S. Supreme Court. The people won because the Supreme Court found the law to be unconstitutional. This means: 1. The Constitution did not give Texas the authority to create or enforce this law. 2. The wording of the law was vague. 3. The wording of the law was overbroad. 4. Any of the above.

4. Any of the above.

Bob, a photojournalist for The New York Times, went into the Apple Store in Manhattan to fulfill a news assignment to provide an image of a customer buying an iPhone 14. Because the store was private property, Bob asked the manager for permission. The manager declined and asked Bob to leave. What does the law say about this? 1. Bob didn't have to ask the manager. Journalists are never trespassing if they are reporting news. 2. Bob was correct in asking for permission, but the manager was wrong to refuse. Branzburg rule. 3. Bob was correct in asking for permission, but the manager was wrong to refuse. Freedom of the press. 4. Bob may not take photos in the store and might be charged with trespassing if he doesn't leave.

4. Bob may not take photos in the store and might be charged with trespassing if he doesn't leave.

Most libel claims arise from: 1. Public officials concerned about media errors. 2. False advertising of prices. 3. Investigative reporting. 4. Carelessness.

4. Carelessness.

The governance model (structure) followed in the United States is best described as: 1. Top-down. 2. Autocratic. 3. Linear. 4. Concentric and overlapping authority.

4. Concentric and overlapping authority.

What is the one fact a defendant can prove to overcome any claim of invasion of privacy? 1. Actual malice. 2. Mea culpa. 3. Privity of contract. 4. Consent.

4. Consent.

The name of the app was "Healthy Relationships" and Bob, a city bus driver who knew he was out of shape, downloaded it in hopes of finding a workout partner. One morning, he got a message through the app from Trixie who said she was 15 years old and would like to work out with him. They did workouts via Facetime for several days and as one session started, Trixie told Bob her phone bill was due and she was short of money. Bob offered to pay her phone bill if she would have sex with him. Trixie agreed and gave Bob an apartment address where they could meet later that day. When Bob arrived at the apartment complex, he was surrounded by police and placed under arrest. During this process, he kept asking, "What did I do?" "I haven't done anything" and "What about the First Amendment?" What would you tell Bob? 1.Call a lawyer. Being helpful to someone who needs money isn't a crime. 2. It was her idea, so I'm protected by the First Amendment. 3. This is prior restraint. 4. Expressions that constitute completed crimes are outside First Amendment coverage.

4. Expressions that constitute completed crimes are outside First Amendment coverage.

The West School District public information director got a phone call from the district superintendent. "We need to send out a news release," the superintendent said. "Keep it simple and to the point: West Elementary teacher Irma Bombeck has been terminated and was immediately arrested by Local Police on a theft charge. She was proved to be collecting the students' lunch money and not turning it over to the cafeteria as required." The public information director immediately prepared the news release exactly as instructed and emailed it to the media on her list. Bob operated Bob's Online News in the town and relying on the news release he immediately posted: "West Elementary teacher Irma Bombeck has been fired by West School District and arrested on a theft charge by Local Police. The district reports Miss Bombeck was accused of collecting students' lunch money and not turning it over to the cafeteria." Within minutes, the superintendent saw Bob's post and reacted in horror. She called the public information director and said, "Did I say Irma Bombeck was fired? OMG! Ms. Bombeck was the one who tipped us off to the theft. She's completely innocent. It was Molly Ivins who was stealing, has been fired and arrested." Irma Bombeck also saw the post and wants to sue Bob for libel. If Bob has a defense, it is: 1. Bob has no defense. He chose to post the news release, so he is responsible for the content no matter what. 2. Bob has no defense. The fact that he did not contact Ms. Bombeck is conclusive proof of negligence. 3. Neutral reportage. 4. Fair report.

4. Fair report.

Jack's faith required him to meet with his pastor privately and confess bad acts in order to receive forgiveness. As it happened, Jack's pastor was also a member of the faculty of a nearby seminary where he taught pastors-in-training how to react to confessions by members of their faith. To do this, the pastor recorded people's confessions. When Jack discovered his confession was taped, he decided to sue the pastor. What basis? 1. It could be intrusion but the problem doesn't say anyone heard the tape (nothing was published). 2. Commercial appropriation because presumably the pastor was paid for teaching in the seminary. 3. There's no tort on these facts. 4. Intrusion.

4. Intrusion.

Cultural differences are real and we should learn about them - their achievements, their errors, their arguments - not to seek agreement but to get used to each other. This summarizes the core philosophy of: 1. Philippa Foot. 2. Seyla Benhabib. 3. Martha Nussbaum. 4. Kwame Appiah.

4. Kwame Appiah.

A downside of social media's use of super-specific digital profiles has been observed. It is: 1. Cholera. 2. Intrusion punishable by law in Canada. 3. Increasing the number of bankruptcy cases. 4. Locking users into echo chambers.

4. Locking users into echo chambers.

An ethical life is at least in part based on a trust in the uncertain and a willingness to be exposed. This statement can most strongly be linked to: 1. Kwame Appiah. 2. John Rawls. 3. Philippa Foot. 4. Martha Nussbaum.

4. Martha Nussbaum.

Which of the following appears from the historical record as being the Founders' rationale for the First Amendment? 1. People should be free to speak, but governments are in the best position to bring positive change to society. 2. Freedom of expression guarantees an efficient society. 3. Free speech guarantees all expressions have merit. 4. None of the above.

4. None of the above.

Which of the following is NOT listed as a personal freedom in the First Amendment? 1. Speech. 2. Press. 3. Religion. 4. Privacy.

4. Privacy.

Libel claims are based on injury to: 1. Personality. 2. Ethics. 3. Retirement pay. 4. Reputation.

4. Reputation.

Earlier moral standards such as truth, loyalty and courage are rigid and almost robotic. It would be better to measure moral standards in terms of responsibility, caring, bonding and sharing. This is a philosophy advanced by 1. Epictetus. 2. John Rawls. 3. Philippa Foot. 4. Seyla Benhabib.

4. Seyla Benhabib.

"Works made for hire" describes a situation in which: 1. Only people who are self-employed can register patents. 2. A person who is paid hourly or by salary to be creative can never own a copyright. 3. The person (or team of people) who create an original work of authorship reduced to a tangible medium of expression will always own the copyright to their creative work, but can sell that right as they wish. 4. Unless otherwise agreed, the copyright of a commissioned work belongs to the commissioner.

4. Unless otherwise agreed, the copyright of a commissioned work belongs to the commissioner.

Which of the following is true about the decision in Miller vs. California? 1. Content may be obscene in one community/area and not obscene in a different community/area. 2. It's up to states to define obscenity, not the federal government. 3. The definition of obscene may change over time. 4. All of the above.

4. All of the above.

Other than justice and municipal courts in Mississippi, cameras are allowed only if: 1. Permission is requested in advance. 2. Cameras are operated by media representatives. 3. Rules established by the state Supreme Court are followed. 4. All of the above.

4. All of the above.

Which of the following categories of content has First Amendment protection? 1. Indecent content. 2. Adult content. 3. Sexually explicit content. 4. All of the above.

4. All of the above.

The Children's Online Privacy Protection Act informs marketing professionals: 1. Emails from youths must be answered within 24 hours, then deleted. 2. It is illegal to track the online activity of people who are not at least 18 years old. 3. Websites must contain a filter that prevents youths from accessing content without parental approval. 4. Harvesting marketing information from youths under 13 and in some cases direct marketing to youths is illegal.

4. Harvesting marketing information from youths under 13 and in some cases direct marketing to youths is illegal.

One morning, Local News posted that before being elected Mayor Hinkle had been named a defendant in four cases of on-the-job harassment by co-workers in her previous job as a bank officer. The same day Local TV's evening newscast contained a story presenting the same information. Any legal issue here? 1. Yes. Local TV has clearly violated the copyright of Local News. 2. No. While facts can be copyrighted, the copyright lapses if the facts are disclosed on the internet. 3. Yes. Local TV was required to disclose the source. Failure to do so is plagiarism, which is illegal. 4. No. Can't copyright facts.

4. No. Can't copyright facts.

Theft of people's laptop computers was a serious problem on campus. As many as 15 students a day were reporting that their computers were stolen. In response to this Campus News called for anyone caught stealing someone else's computer to be "tied to the rail of the administration building and pelted with large rocks." What's the correct analysis here? 1. The words raise the issue of incitement. The Campus News wording is protected by the First Amendment, but only if no one is tied up and pelted with rocks during the next two months or so. 2. The words raise the issue of incitement. It's clear that Campus News is calling for violent retaliation, which is illegal and can be punished by law. 3. The words raise the issue of criminality (tying someone up and pelting the person with rocks). Advocacy of criminal activity is never allowed by the First Amendment. 4. The words raise the issue of incitement, which can in some contexts be an outlier and receive no First Amendment protection. Even though the media is calling for violence, courts have not deemed such wording as outside the protection of the First Amendment.

4. The words raise the issue of incitement, which can in some contexts be an outlier and receive no First Amendment protection. Even though the media is calling for violence, courts have not deemed such wording as outside the protection of the First Amendment.

Mrs. Jones was the new drama teacher at West High School. It was her responsibility to select students to be in the cast of the school's upcoming musical. Because she knew so few students, she contacted Mrs. Smith, the former drama teacher, for advice. Among statements made by Mrs. Smith was, "Don't put Benjamin in your cast. He can sing, dance and act very well, but is a complete jerk and show-off." When Ben didn't get a part in the play, he asked Mrs. Jones why. Mrs. Jones told him he had gotten a negative recommendation from Mrs. Smith. Ben decided to sue Mrs. Smith for libel. What will be the result? Why? 1. It depends on whether the students selected for the musical were paid or received any kind of gifts. If not, Ben has no damages. 2. Ben will win. Mrs. Smith should have kept silent. She's not a teacher anymore, so what she thinks doesn't matter. 3. Ben will win because his reputation was clearly damaged. 4. Ben will lose. Mrs. Smith's comments were opinion, also known as value judgments.

Ben will lose. Mrs. Smith's comments were opinion, also known as value judgments.

Which of the following is an accurate statement regarding state courts. 1.All state court systems follow the federal model (Constitutional Supremacy). 2.Each state designs its own court system. 3.All states elect judges by popular vote where all federal judges are appointed. 4.State court systems differ from the federal system, but are exactly alike otherwise.

Each state designs its own court system.

On Marcia's list of preparations for her wedding was finding a photographer for the events. She found Heather, who gave her a document they both signed. This is characterized as: : 1.Writ of certiorari. 2.Agreement in principle. 3.Private law. 4.Common law.

private law


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