Law 406 final

Due to conclusive, scientifically established links between violence in the media and violence in real life, courts have consistently held media defendants (such as movie and television producers, song artists, and video game producers) responsible for harm that results when consumers of media entertainment act out something they have seen, heard, or read. True or false

false

Educators have no ability to regulate student speech in any way because to do so would violate the First Amendment rights of students. True or false

false

The Anne Geddes photograph below is an example of illegal child pornography because it depicts an actual naked baby. True or false

false

The United States Supreme Court upheld a congressional ban on the use of "virtual" children to make child pornography because even child pornography that uses "virtual" instead of actual children might arouse a pedophile to act on his urges. True or false

false

The picture below is obscene because it depicts full human nudity. True of false

false

There is a national standard for determining obscenity under which material is measured in degrees of nastiness. true or false

false

Upon review of a lower court decision, an appellate court impanels a jury and receives evidence and testimony on all issues. True or false

false

When a legal wrong is committed, the government and the victim of that wrong must confer to determine who is entitled to initiate a lawsuit, since a single act cannot give rise to both a criminal action and a civil action. True or false

false

The FCC may regulate __________.

indecent speech that does not necessarily meet the Miller definition of obscenity

The statute of limitations for a defamation claim in North Carolina is __________.

one year

In the context of obscenity, the acronym "SLAPS" refers to __________.

serious literary, artistic, political and scientific"

One theory in support of freedom of speech analogizes expression to goods and services, and urges that all expression should be allowed so that society may choose for itself what it considers "truth." This concept is often referred to as __________.

the marketplace of ideas

Private figures who have been the subject of defamatory statements are entitled to greater protection than are public persons because __________.

they have less access than public persons to channels of communication in which they may rebut the defamatory statements and they have not assumed the risk of being publicly disparaged the way that public persons have

The Supreme Court identified several reasons why public officials should be required to prove actual malice in order to win a defamation case. Which of the following is not one of those reasons?

Allowing public officials to easily sue members of the public who criticize them will cause those officials to neglect their official duties so that they can supplement their income by pursuing lawsuits.

A court case in which there is no jury, but only a judge to make findings of fact, is called a(n) __________.

Bench Trial

Suppose a state passed the following statute: "It is unlawful to engage in conduct that offends or annoys any other person." On what basis or bases might the above law be declared unconstitutional?

Both vagueness and overbreadth.

To protest the deployment of American troops to Afghanistan, Professor Boyle, a faculty member at State University, carried a gasoline-soaked American flag into the Student Center Theater just minutes before a congressional representative was scheduled to speak to a standing-room only audience of students and faculty. Without saying a word, Professor Boyle proceeded to set the flag on fire, drop it on the stage, and walk out. Before he could leave the building, Professor Boyle was stopped by campus security. He was charged with desecrating a venerated object (i.e., disrespecting something that many people hold in high esteem), malicious property destruction, violation of the fire code, and engaging in conduct that is likely to result in serious physical injury or death to others. Can Boyle be convicted on any of the charges?

Boyle may be convicted on all of the charges except for the desecration of a venerated object, because that charge seeks to punish his expression.

To assist courts in distinguishing opinion from fact, the Ollman test focuses on several factors. Which of the following is not a factor of the Ollman test?

Did the statement involve a matter of public interest and concern?

Bob sued his next-door neighbor, Carolyn, claiming that her dog dug up his prize rosebushes. If a jury finds that Carolyn is legally responsible for the loss of Bob's rosebushes as a result of failing to control her dog, she is said to be "guilty." True or false

False

If a jury is going to be present in a court case, it will be only at the appellate level.

False

In order to be protected by the First Amendment, expression must consist of words, either oral or written. True or false

False

One guaranteed method of avoiding defamation lawsuits is to insert the words "I think" or "In my opinion" into any statement that might otherwise be defamatory. True or false

False

Under current Supreme Court analysis, the terms "indecent," "profane," and "obscene" all mean the same thing and may be used interchangeably. True or false

False

The Sylva Herald introduced a new "Celebrity Watch" feature to the weekly newspaper, in which the antics of Hollywood actors and actresses were reported. Last week's issue carried a report that actress Lindsay Lohan was wasted on Jello shots when she left a party and crashed her car into a telephone pole. There was photographic and eyewitness evidence that many partygoers were consuming Jello shots. The truth, however, is that Ms. Lohan had not consumed a single Jello shot that evening but had instead consumed two pitchers of Long Island Iced Tea, a beverage with a high alcohol content. Ms. Lohan was therefore wasted on Long Island Iced Tea instead of wasted on Jello shots. The paper was correct, however, about Ms. Lohan crashing her car into a telephone pole after she left the party. Because the Sylva Herald article contained a false statement of fact about the Jello shots, indicating negligent fact-checking, Ms. Lohan could successfully sue the newspaper for defamation.

False (p. 170 and p.220 in textbook)

Mayor Smith is running for re-election and is suing the local newspaper for defamation for a negative story leaked to the paper by supporters of his opponent. For the mayor to win the lawsuit, it will be necessary for him to show, among other things, that __________.

the reporter who wrote the story either knew that the story was false or acted with a careless disregard for the truth or falsity of the story

A decision from the highest court of a state may be appealed to the United States Supreme Court if it involves a federal question or issue. True or false

True

Child pornography using actual children is not protected by the First Amendment because the government's compelling interest in protecting children from sexual exploitation outweighs the expressive value embodied in child pornography using actual children. True or false

True

During the pre-trial stage of litigation, the parties might negotiate a settlement in a civil case or a plea deal in a criminal case, thus avoiding the need to go to trial. True or False

True

Educators may prohibit student speech if that speech threatens to create "a material and substantial" disruption of the educational process. True or false

True

Federal law forbids the FCC from engaging in censorship of broadcasts, although the FCC may sanction licensees who broadcast obscene communications by imposing forfeitures. True or false

True

In a defamation case, the defendant may escape liability if s/he can convince a fact-finder that the statement is true.

True

One way that Congress and the FCC seek to protect children from being exposed to violent or other inappropriate television broadcasts is to require television manufacturers to install a V-chip in televisions of a certain size, which can be programmed to block broadcasts that have certain ratings based on content. True or false

True

Our American legal system protects the freedom to criticize the government. True or false

True

Programming which is otherwise considered indecent may be broadcast between the hours of 10 p.m. and 6 a.m. under current FCC rules. True of false

True

The First Amendment limits the power only of governmental actors when it comes to freedom of speech. Private individuals acting in a private capacity are not bound by the First Amendment. True or false

True

The First Amendment protects your right to be politically incorrect if you so choose.

True

The United States Constitution is the Supreme Law of this country, and no federal or state governmental entity can enact a law or rule that contradicts it. True or false

True

The book series Twilight involves tales of romance, danger, and intrigue surrounding a female human and a male vampire. The book series has become a cult phenomenon in its target audience - teens and young adults - and has spawned several movies. A group of students at Central Public Elementary School want the school library to purchase the Twilight series for check-out. Pursuant to standard acquisition policies, a literature review committee consisting of the head librarian, several teachers, the principal, and a community representative, read the books in question and met to discuss the merits of purchasing the book series for the school. At the meeting, the committee recognized that the books might appeal to some of the older students at the school, and that these older students probably would not be disturbed or otherwise warped by the content of the books. However, the committee also concluded that some of the language, themes, and events described in the books are not educationally appropriate for the general population of K-5th grade students at the school. Importantly, the committee noted that experts in reading education have rated the book at a 10th grade reading level and classified it as fantasy literature with "some adult, sexual, and violent content." The committee voted not to purchase the book series. Because the committee's decision was based upon sound educational concerns and not upon personal opinions about the subject matter of the books, the committee's decision to not purchase the books will probably be upheld if it is challenged on First Amendment grounds. True or false

True

The prurient interest is characterized by an obsessive, unwholesome interest in sex. True or false

True

Suppose Anderson Cooper were to deliver a five-minute commentary on national television in which he stated that Sean Hannity routinely has sex with underage children and supplies these children with vast amounts of cocaine, but he had no foundation whatsoever for his assertions. Hannity could sue Cooper for defamation using the "actual malice" standard of New York Times v. Sullivan.

True (p. 178 and 179 in textbook)

Under current constitutional analysis, prior restraints on speech are presumed to be unconstitutional and are permitted only under very narrow circumstances. True or False

True (p. 76 in textbook)

Although child pornography using real children is not protected by the First Amendment, pornography producers may, as an alternative to using real children, do all but which of the following?

Use non-pornographic images of real children and "morph" them into pornographic images.

In response to a celebrity's use of the F-word during a nationally televised awards program, the FCC signaled a new approach to indecency and profanity that includes all but which of the following?

Where the F-word or any variation thereof is uttered during prime time, the FCC will triple the base forfeiture as a punitive measure.

The protection that shields a member of a legislative body from being sued for defamation over comments made during a legislative debate is an example of the __________.

absolute privilege

Which of the following individuals is least likely to have to show actual malice in order to win a defamation lawsuit?

an anonymous college student

The International Business Club at Central Public High School has been following the debate over pending immigration legislation with great interest. The members of the club want to convey their support for the large number of Mexican immigrants in their community by wearing armbands with images of the Mexican flag to school during the first week of May. The school administration has learned of this plan and is concerned about potential confrontations between club members and students who advocate a stricter immigration policy. The administration is considering amending the school dress code to forbid the wearing of Mexican flag images for the remainder of the school year and has consulted the school district attorney for advice. What advice is the attorney most likely to give the administration?

If the administration cannot point to specific reasons to support their fear of a possible disturbance, then the club members should be allowed to wear the armbands.

__________ is the authority of a court to address a legal dispute.

Jurisdiction

In ruling that zoning is a constitutional way to regulate sexually oriented businesses, courts have noted that governments may use zoning to address all but which of the following concerns over such businesses?

Moral disapproval of sexually oriented businesses.

The novel "Primary Colors" is about a southern governor with an assertive wife. The southern governor has presidential ambitions but is haunted throughout his presidential campaign by allegations of marital infidelity. Former President Bill Clinton sues for defamation. Which of the following statements is true?

Never assume that "all of the above" or "none of the above" is a correct answer when it appears as a choice. Instead, always read each choice to make sure either all of the statements are correct or none of them are correct. Here, are each of the "above" statements correct? Must Bill establish identification in order to win his lawsuit? (Discussion beginning on page 158.) Is Bill someone who can win a defamation lawsuit with a showing of negligence, or must he show something more? In other words, is he either a public official or a public figure (maybe both)? (Discussion beginning on page 179.) In what circumstances does an absolute privilege apply? Did such circumstances exist here? (Discussion begins on page 221.)

State University's public campus features as its most prominent landmark a clock tower at the center of campus. Pastor Phil appears at this clock tower every Thursday from 11:00 a.m. until 1:00 p.m. During that time he exhorts passers-by to repent of their sins and turn to God. One day, his sin topic was adultery. Ashley, a student who was passing by, took offense at Pastor Phil's preaching because she is currently sleeping with a married professor. Ashley went postal on Pastor Phil, hurling her books at him and spraying him down with mace. Because a number of students had complained to the university administration that they did not like Pastor Phil or his preaching, State University officials pressed charges against him for disturbing the peace through the use of fighting words. Is Pastor Phil likely to be convicted of disturbing the peace through the use of fighting words?

No, because there is no indication that Pastor Phil directed his speech to Ashley in a way that was calculated to provoke an immediate violent reaction from her.

Ms. Jones teaches a journalism class at Central High School, a public school. She supervises the production of both the school newspaper and the school yearbook. Some of the students want to include a gossip column feature in the newspaper and also a photo spread in the yearbook of all student parents, male and female, with their babies. Ms. Jones feels that the students are ignoring the fundamental principles of defamation, privacy, and audience-appropriateness that she has been teaching in the course. She rejected the students' ideas, and the students now want to go over her head. If the principal does not side with them, they, with the support of their parents, are prepared to take the matter to court on First Amendment grounds. Are the students likely to succeed in their challenge to the teacher's decision if it goes to court?

Probably no, because Ms. Jones can reject the students' proposed speech if that rejection is reasonably related to the legitimate pedagogical objectives of the journalism class.

At a recent County Council meeting, members adopted a resolution condemning abortion as contrary to the community's history of respecting and valuing human life. Later during that same meeting, members voted to amend county policy on the use of the county park to forbid its use by any individual, group, or organization wishing to advocate in favor of freedom of choice for abortion. Would County Council's amended policy on the use of the park be constitutional?

Probably no, because the amended policy is a discriminatory viewpoint- and content-based restriction on speech.

A street preacher was delivering a religious message on a busy sidewalk. One onlooker was strongly opposed to the preacher's message, at one point interrupting him and shouting, "You're a damn hypocrite!" City officials were concerned about the apparent decline in civility in the community, and in response drafted an ordinance forbidding speech or conduct that would "offend or annoy any group or individual." Would the U.S. Supreme Court find this ordinance to be constitutional?

Probably no, because the ordinance is vague in its identification of forbidden speech or conduct and it could be used to punish expression that is protected by the Constitution.

A popular website among locals chronicles the social scene of students, faculty, and staff at Central University, a public institution. One posting read, "Central's Chancellor was observed entering the house at 123 North South Street in College Town after business hours last Tuesday. He was there for over two hours!" The house at 123 North South Street is widely known in the community as a mixed-use building: it is both a crack house and a house of prostitution. If the statement that the Chancellor entered the house and stayed for two hours is a deliberate falsehood, could he successfully sue for defamation?

Probably yes, assuming that he can show how the blog statement, which is not defamatory on its face, becomes defamatory when one understands the nature of the activities at 123 North South Street.

The difference between a civil case and a criminal case is __________.

civil cases involve an offense against a "person" while criminal cases involve an offense against society

"Trial by ambush" has long been established as the best approach to litigation and has led to the development of strict rules under which parties to a lawsuit jealously guard all information available to them and share it with no one until the day of trial. True or false

false

Drew is president of the Young Republicans club at his public high school, and he hates President Biden. Drew purchased a Biden T-shirt with a picture of the President and "President Biden" printed beneath it. Drew added devil horns on the President's head and a stick-figure body holding a pitchfork in one hand. He then added the F-word before the printed "President Biden" so that the message now reads "F- President Biden." He wore this shirt to school the next day, and it immediately became the talk of the school. Large numbers of students followed Drew down the hallway, some supporting his message and others challenging his message. Some students were more focused on the F-word than on the rest of Drew's message. Some of those students began to mimic Drew's word choice by saying "F- this" or "F- that" at every opportunity, while others were incredulous that someone would wear clothing containing such a word in public. Some students refused to go to their classes, instead engaging in shouting matches with one another in the hallway. Teachers had tremendous difficulty getting students to their proper classrooms and conducting lessons. A large number of teachers reported that they lost the entire class period because the students were so distracted by Drew's T-shirt and the heated emotions it caused. Just before second period, the principal called Drew to the office and asked him to either change shirts or, if he did not have an extra shirt with him, to turn his modified Biden shirt inside-out so that the message would not be visible. Drew refused to comply with the principal's instructions, so the principal suspended him. Will the principal's actions be upheld if Drew challenges his suspension?

Probably yes, because Drew's First Amendment rights in the school setting are not so extensive as to allow him to disrupt the educational process through inflammatory and profane expression.

At a recent County Council meeting, members adopted a resolution condemning abortion as contrary to the community's history of respecting and valuing human life. Later during that same meeting, members voted to amend county policy on the use of the county park to forbid noise-generating activities above 75 decibels between the hours of 11:00 p.m. and 6:00 a.m. Would County Council's amended policy on the use of the county park be constitutional?

Probably yes, because the amended policy is a content-neutral time, place, and manner restriction that serves a substantial governmental interest in reducing high noise levels at a time when many people are trying to sleep.

Congress has passed several pieces of legislation attempting to prevent children from being exposed to inappropriate content on the internet that is otherwise permissible for adults to share. Several of these provisions have been addressed by the United States Supreme Court on First Amendment challenges. Which of the following statements concerning these court challenges is false? (defamation quiz)

Review the discussion of "Erotic Materials in Cyberspace" beginning on page 527 along with the associated material in the Chapter 13 presentation.

_________ consists of obviously exaggerated statements used to convey emotion or depth of opinion; "lusty, imaginative expression."

Rhetorical hyperbole

What is a libel-proof plaintiff?

Someone whose reputation is already so bad that it could not be made any worse by a false statement.

A plurality opinion is a unanimous decision where all members of the Court are in complete agreement. True or false

false

By obtaining, printing, and distributing pictures of nude or partially nude women in sexually suggestive poses, the publishers of Playboy, Penthouse, and Hustler magazines risk criminal prosecution for obscenity. True or false

false

The Jackson County Pro-Life Foundation held a rally at the park one Saturday afternoon. The featured speaker spoke at length about the evils of abortion. He urged parents to take whatever measures are necessary to prevent their daughters from being caught up in an unplanned pregnancy. He said he would like to see North Carolina pass a law requiring mandatory sterilization of any woman who has had more than one abortion. He expressed his belief that medical professionals who assist in performing abortions are murderers who deserve to be executed. Jackson County has an ordinance forbidding speech that "suggests or endorses violent or unlawful acts." Following the anti-abortion rally, the speaker was arrested and convicted of violating this ordinance. If the speaker challenges his conviction on First Amendment grounds, what will likely happen?

The conviction will probably be reversed because the First Amendment protects the speaker's right to teach or advocate the need for unlawful action as long as he does not intend to incite, with a likelihood of success, anyone to immediately engage in such activity.

The Sylva Herald reported that Sheriff Hall was recently charged with criminal domestic violence. The story was false. Sheriff Hall has never been charged with criminal domestic violence. Which of the following statements is true?

The newspaper may, but cannot be required to, publish a retraction, which might reduce the amount of damages Sheriff Hall can recover in a defamation suit.

Assume that the Sylva Herald accurately reported that Jim Bob had been indicted on theft charges. Which of the following statements is true?

The paper will likely be protected by the qualified privilege.

Which of the following is ordinarily required for the traditional qualified privilege to apply?

The report must summarize information presented in an official document or proceeding.

When faced with a challenge to a school official's decision to punish a student for his speech, the United States Supreme Court will likely uphold the school official's decision if the school can establish which of the following?

The student's speech materially and substantially disrupted the educational process.

In the federal court system, there are __________ intermediate appellate court circuits.

Thirteen

"Pecuniary damages" is another name for monetary damages designed to compensate a plaintiff for injuries that he has suffered because of defendant's misconduct. True or false

True

"Publication" of a defamatory statement need not be formal or widespread - it need only be shared in some manner with at least one third party. True or false

True