MMC 4200 Final Study Guide

101. For purposes of the equal opportunities rule, which of the following would most likely qualify as a "use" of broadcast time?

"use" is any positive, appearance by a candidate, via voice or picture that is identifiable to the broadcast audience. (When a candidate appears on a TV variety show or charity telethon)

43. Why did the Court in Bolger v. Youngs Drug Products classify the mailings as commercial speech?

(1) The company paid for the pamphlets (2) they included references to a specific product, and (3) company had economic motive to mailing them.

31. The FCC is headed by

5 commissioners appointed by the president, for five-year terms approved by the Senate.

38. Under the Children's Television Act, commercial time during children's programs is limited to

5 minutes per hour on weekends and 12 minutes on weekdays.

68. The FOIA specifies how many disclosure exemptions that government may use to keep documents secret?

9 disclosure exemptions

114. Gag orders aimed at media coverage of legal proceedings can be constitutionally valid only in extremely rare circumstances, when the trial judge specifically finds that

All of the above: 1, Pretrial Publicity about case would be intense and pervasive 2, No alternative measures would work to offset the effects of the publicity 3, a gag order on the media would indeed operate to prevent the danger of prejudicial influence.

59. Which of the following is not among the Federal Trade Commission's enforcement powers against illegal advertising?

Among the Powers: discovers a problem, decides whether to initiate a formal investigation, then recommends a final course of action, cease & desist order

79. The federal and state judicial systems consist of two basic kinds of courts. They are:

Appellate Court and Trial Court

9. The Federal Communications Commission has the power to

Assign frequencies, set station operation times, dictate standards for transmission apparatus, regulate interstate &international communications by wire, satellite & cable

128. The two main performing-right organizations in the United States are

BMI , ASCAP

45. Which of the following wrongful acts most likely would be a breach of contract rather than a tort?

Breach of Contract: Is a written agreement between two parties Tort is any other wrong

8. _______ is the transmission of radio or television signals for intended reception by the general public.

Broadcasting

78. The federal government has exclusive jurisdiction over states in:

Broadcasting and cable regulations, copyright, patent, and access to federal government

111. If the Commission determines that a voluntary settlement cannot satisfactorily be achieved with an advertiser, then it typically will seek a binding

Cease and desist order

48. What First Amendment standard emerged out of Schenck v. United States?

Clear-and-present danger

86. The reason that political candidates can lie during a campaign is because their speech is considered to be which of the following?

Corporate political speech

121. In Cohen v. Cowles Media the Supreme Court in 1991 held that a news source who had expected anonymity

Could sue the media under principles of contract law.

16. Under current law, media cameras are generally permitted in

Courtrooms on a least a limited basis (entirely up to the judge's discretion) however, the use of media cameras during federal court proceedings are prohibited- the majority of state courts both trial and appellate.

66. The federal Sunshine Act applies only to

Executive branch (excluding the White House Staff) Only to agencies "headed by a collegial body composed of 2+ individual members, a majority of whom are appointed to such position by the President with advice and consent of the Senate"

133. Under the _________ advertisers must have a reasonable basis, in advance, for all verifiable product claims made.

FTC

103. Under federal law, if one political candidate is allowed to buy a commercial on a radio station, all opposing candidates must be granted free response

False

107. According to the ruling in Pope v. Illinois, all three parts of the Miller test are to be determined with reference to local community standards.

False

15. Under state law, a presumption of openness generally applies to all phases of civil suits, including the discovery phase.

False

108. The U.S. Supreme Court in 1980 upheld a lower court determination that Penthouse magazine was obscene.

False (because it contained scientific value)

117. The U.S. Supreme Court has not directly decided whether there is a First Amendment right of access to civil trials.

False ; for has: true

17. Some kinds of court records are typically kept secret and are not subject to a presumption of openness. Which of the following falls into that category?

Family

44. Lawsuits concerning federal constitutional rights may be adjudicated in

Federal Law or State Law

7. Regulatory power over broadcasting is the domain of the:

Federal government only

130. In MGM v. Grokster the U.S. Supreme Court in 2005 unanimously held that

Gorkster could be held reliable for consumers infringing downloads

76. Which of the following best describes the dangers of secrecy?

Hurts judgement by shutting off critisism/ feedback -If we keep everything in secret= bad judgements - No one will ever know anything to improve their well being. Allows maintenance of facades that conceal certain traits Lowers resisitance to the irrational and pathological Through all of that, it can hurt people, intended or not

72. Which of the following is the optimum level of decision-making?

Impact of credibility

119. Shield laws protecting journalists have been adopted in

In more than half the states

89. The branch of invasion of privacy known as intrusion occurs

In the information gathering process

93. Ethicists advise journalists not to secretly record without which of the following?

Informing their bosses

11. Courts have held that the impartial-jury guarantee in the Constitution refers to a jury that

Is in an open, unprejudiced frame of minds as evidence is presented

85. In Brandenburg v. Ohio, the Supreme Court held that speech remains protected until

It is likely to incite imminent unlawful action

23. If material is obscene under the Miller test, this means that

Jurisdictions may outlaw the material if they wish

116. Which of the following are most appropriate for combating the effects of publicity concurrent with trial, rather than pretrial publicity?

Jury admonishment and sequestration

10. Broadcasting licensing and regulation is handled by the FCC's

Media Bureau

81. Media ethics is becoming more and more complicated by a move from professional practice to which of the following?

Mixed Media

82. Which of the following is one of the most ethically crucial developments from traditional journalism to new media journalism?

More anonymity takes away from credibility

63. The state open-meeting laws typically apply to

Multimember deliberative bodies of local government (I.E City councils, county planning commissions, and school boards) and multimember agencies of state government.

47. Legitimate time, place, and manner restrictions

Must be content-neutral

91. Most ethicists agree that the most defensible position for media professionals is which of the following?

Need to know

112. In most kinds of personal injury cases, the legal basis for a lawsuit is that the defendant acted with

Negligence

50. The U.S. Supreme Court first injected constitutional standards into defamation law in 1964, in the landmark case of

New York Times v. Sullivan

41. In the Central Hudson case the Supreme Court established a four-step test to determine the constitutionality of advertising regulation. Which of the following is not a correctly stated one of the steps?

Not: Does the government have compelling reason to place a restriction on speech? Is: (1) is the commercial message either misleading or related to unlawful activity? If so, is it constituinally protected and may be banned. If Not: (2) Does the government assert a substantial interest to be achieved by the restriction on speech? (3) Does the restriction directly advance this Interest? (4) Is the restriction no more extensive than necessary to further the government's interest?

77. The term jurisdiction refers to

Official power to make legal decisions and judgements

102. Suppose a TV journalist officially declares his candidacy for a local public office. If the candidate keeps his job and appears on camera to report the news, this could cause the station to

Owe equal opportunities to the journalists opponents in the campaign.

53. Invading the privacy of politicians requires which of the following?

Placed in larger context of history Evidence linked to political behavior Must meet need to know

96. The party who initiates a civil lawsuit is called the

Plaintiff

104. Which of the following is the broad term used to describe all material that is sexually explicit and intended primarily for the purpose of sexual arousal?

Pornography

92. Ethicists say journalists must struggle with weighing...

Privacy against necessity

71. Practicing deception requires which of the following?

Profound importance No other alternatives Can you reveal the deception to public? Harm prevented outweighs harm caused

42. What is the legal status of commercial speech that is false or misleading?

Protection for commercial speech is deemed lost if the expression is false or misleading

18. The Supreme Court decision in Branzburg v. Hayes has led to

Qualified right for journalists to withhold information from the courts

24. In some cases persons convicted of obscenity violations may be subject to property forfeitures under the

RICO ACT

131. The _______ is a range of electromagnetic waves that is physically capable of use for radio and TV transmission.

Radio Spectrum

73. Which of the following is NOT one of the reasons privacy is important?

Reasons that are: It promotes autonomy-protects us and empowers us It protects against scorn/ridicule It helps us control our receptions It can keep others at a distance It shields us against government interference

35. When a broadcaster has performed irresponsibly or violated FCC rules, the commission is likely to employ a form of punishment less severe than non-renewal. One such form of punishment is

Renewal for a short term

13. Courtroom access rights were first established in what landmark case?

Richmond Newspapers, Inc. v. Virginia

20. The Supreme Court laid the general foundation for today's approach to obscenity law in what 1950s case?

Roth V United States

19. In Zurcher v. Stanford Daily, the Supreme Court held that

Ruled in favor of Zuchner, ruling that the 3rd party occupant, whether suspect in association w/ a criminal case or not, the State's interest is enforcing the criminal law & recovering the evidence remains the same.

27. Broadcasters are permitted to air "indecent" programming for adults during a period of the day called the

Safe harbor

113. One Supreme Court opinion in particular seemed to command judges to take virtually any steps necessary to assure that cases are tried in the courtroom and not in the media. That was the

Sheppard vs universal studios (Dr sam Sheppard vs Maxwell)

90. Ethicists say our "need for privacy" gives:

Shield to our circles of intimacy and shield against government intrusion

33. In Red Lion Broadcasting v. FCC the Supreme Court upheld the constitutionality of regulations on broadcasting. The ruling hinged on which of the following concepts:

Spectrum scarcity

49. From the beginning of this nation, defamation law fell almost exclusively under the domain of the

State

120. Under the typical shield law, journalists may seek protection when they receive a

Subpoena

36. In 1987 the FCC abandoned the core of its controversial Fairness Doctrine, but many in Congress vowed to bring it back.What were the two basic requirements that the doctrine imposed upon broadcasters?

The Doctrine discouraged the coverage of controversial issues, and it was unconstitutional interference with the editorial discretion of broadcasters

62. State open-meeting laws require not only that meetings be conducted openly, but also that

The agencies must provide advance public notice of their meetings

67. Under the federal Freedom of Information Act, the public and media have a right to inspect documents of

The executive branch of government, excluding the president and his immediate staff.

64. Whether a "meeting" is taking place is determined by

The notice and agenda requirements, Number of members present and nature of the discussion.

94. Ethicists note that the "right to privacy" has only been recognized for the past . . .

The past century

88. What is the basic theory behind appropriation law?

The unauthorized use of a person's name or likeliness, to obtain some benefits

69. Which of the following pairs represents two main types of ethics?

Theoretical and Applied

134. A false-advertising claim under section 43(a) of the Lanham Act rests on four elements. Which of the following is not one of them?

These are the (4) Elements False representation of fact made by an advertiser about a product or service A representation that deceives a substantial segment of the intended audience Representation that is material, in that it's likely to influence purchasing decisions False representation that results or is likely to result in injury to the plantiff

100. Which of the following is NOT one of the basic qualifications required of all broadcast license applicants?

These are the basic qualifications (1)Technical (2)Financial (3)Character (4)Citzenship/ownership

14. Which of the following is NOT one of the elements to the four-prong test that evolved from Press-Enterprise I ?

These are the elements of the 4 Prong test: -A substantial probability exists that overriding interests (such as the acussed's right to an impartial jury) will be damaged by conducting the proceeding in public -No reasonable alternatives to closure would protect against the danger -The reason behind these conclusions is fully articulated as findings in the trial record -The closure is no broader than necessary to protect the overriding interest

65. Which of the following is NOT one of the typical exceptions to the public-meeting requirement?

These are: Workers being employed, dismissed, or evaluated (personnel exemption) To avoid compromising an agency's legal position (A pending case exception may allow agencies to discuss with their legal counsel regarding lawsuits by or against the agency) Agencies must conduct meetings openly unless they are in an executive session

51. In a libel lawsuit, "publication" occurs when defamatory statements are communicated

To at least one "third person"

83. The move from advertising-supported journalism to not-for-profit journalism raises questions over which of the following?

Transparency, independency

12. Gag orders on trial participants, such as lawyers, are considered a form of prior restraint on the media.

True

127. A copyright can be divided and subdivided onto small packages, each sold independently.

True

132. An advertisement can be ruled deceptive even though it is literally true in every respect.

True

25. Sexually explicit material, even if not obscene, may be regulated through zoning and postal laws.

True

54. Disclosure requirements are generally viewed by the courts as a less objectionable kind of speech restriction than outright bans.

True

56. The FTC will not rule an advertising claim deceptive if the claim qualifies as "puffery."

True

52. The most important factor in ethics is which of the following?

Truth

70. The three types of ethical theories include all but which of the following?

Types of Theories Aristotle's Golden Mean = Be reasonable. Kant's Categorical Imperative = A rule is a rule is a rule - and that's FINAL! Utilitarian = Hurt people only for the greater good. Rights-Based = Citizens have a right to knowledge to carry out civic duty. Egalitarian = Decisions based on what people deserve, not position/class/race.

95. The main trial court in the federal system is called the

U.S. District Court

29. Historically, commercial speech was classified by courts as a form of expression unprotected by the First Amendment. In what case was this view endorsed by the Supreme Court?

Valentine v. Charleston (1942)

40. In which case did the Supreme Court first hold that "pure commercial speech" is generally protected by the First Amendment?

Virginia State Board of Pharmacy v. Virginia Citizens Consumer Counsel Inc. 1976

123. If copyrightable material is a _________, then ownership vests automatically with the employer.

Work made for hire

135. Unlike the Federal Trade Commission Act or the Lanham Act, many state anti-deception laws authorize the filing of private lawsuits by

a business against one of its competitors

1. Copyright may be defined as

a property right in the literary or other expressive creations

80. Which of the following is true from findings in the First Amendment Center's annual survey?

a size able majority disagreed with the supreme court ruling in the citizens usa

110. The Federal Trade Commission is

an independent federal agency headed by 5 commissioners appointed by the president

6. Unlike copyrights, trademarks

are any words,slogans,design or symbol

122. Copyright ownership and protection begins

at the moment a protectable work is created

58. In 2009 the FTC updated its Guides Concerning the Use of Endorsements, and the Guides now cover

blogging or other online endorsements

140. Which of the following would be considered obscene with no First Amendment protection?

child pornography

97. When there is no contested issue of fact, a judge may end a case before trial by granting a motion for

contempt

30. When a judge issues a contempt citation for the purpose of coercing a journalist to reveal information, this is sometimes called

contempt of court

125. Which of the following is not one of the elements in a proper copyright notice?

elements: word "copyright", international symbol C, year of first publication, name of copyright owner

46. Which of the following is true about the First Amendment?

free exercise of religion,the freedom of speech, infringing on the freedom of the press, the right to a peaceful assembly

26. The FCC's definition of indecency is different from obscenity in what respect?

indecency is much broader than obscenity and there is no mention of prurient interest and no allowance for political/artistic value

57. A "material" representation in an ad is one that

is likely to influence a consumers choice of product

55. The Federal Trade Commission has defined deceptive advertising as a material representation or omission that

is likely to mislead a reasonable consumer

99. Prior restraints can arise through

licensing schemes and informal coercion

3. What is the general period of protection for copyrights under the current federal statute?

lifetime of the authors plus 70 years

2. Copyright law protects the creator's particular

manner of expression(not ideas or factual information)

105. Production and distribution of obscene materials was a crime throughout most of the United States by the

mid 1800s

118. In Chandler v. Florida the Supreme Court made it clear that allowing cameras in the courtroom is

permittably acceptable

37. In 2000 the federal Court of Appeals ordered the repeal of two corollary rules of the Fairness Doctrine. They were the

personal attack rule and political editorial rule

39. Much of the content regulation of cable TV has been intended to

protect the viability of local, over-the-air broadcasting.

60. The word "ethics" is connected intrinsically to questions of:

questions of correct conduct w/in society

84. Janet Cooke's biggest mistake in reporting "Jimmy's World" involved which of the following?

refused to give his location, lied resume, no proof of Jimmy's ...

124. Which of the following is not required for copyright registration with the U.S. Copyright Office?

required:completed registration form,filling fee not required:evidence that the work has commercial value

61. Ethics often is over-simplified as a choice between:

right and wrong

34. The FCC itself has expressed doubts about the continued legal validity of

scarcity rationale

74. Lying is inextricably linked to which of the following?

secrecy

126. When a copyright infringement results in no actual loss to the copyright owner, the owner in some cases may still seek to recover

statutory damages

4. When television producers want to incorporate copyrighted music into TV programs, they must first obtain licenses for

synchronization

109. What did the government have to show in the Bolger case in order for the federal statute against mailed contraceptive ads to be upheld?

that the core notion of commercial speech does no more than a propose a commercial transaction

28. In Cruz v. Ferre a federal Court of Appeals held that

the Pacifica doctrine does not apply to the cable medium

32. What is meant by band allotment?

the process of assigning radio frequencies to different applications

129. In Sony Corp. v. Universal City Studios (the Betamax case) the Supreme Court concluded that

time shifting qualifies as a fair use

106. The Supreme Court has made it clear that the Miller standard identifies only materials that might be called "hard-core."

true

22. The Supreme Court has made it clear that the Miller standard identifies only materials that might be called "hard-core."

true

98. What was the most important case to formalize the doctrine against prior restraint?

Near v. Minnesota

75. Which of the following is NOT one of the human elements of secrecy?

(4) Human Elements are Identity, what we are Plans, what we intend Action, what we do Property, what we own (Public Record)

115. Jury admonitions may be used to

-What they must do and how they must behave. -The admissibility or non admissibility of evidence. -What evidence they can use to make their decision. -How they can use that evidence to make a decision.

5. Which of the following is NOT one of the factors used to determine whether the un-consented use of a copyrighted work qualifies as a fair use?

the extent of originality contained in the work : purpose of use, nature of copyrighted work, substantial portion used and effects on the market

21. Which of the following is NOT one of the elements of the Miller test for obscenity?

the work depicts in a patently offensive violence or force for its own sake