Practice Quiz Ch 9, 10, 12, 4

If a film using adults as the actors contains serious literary, artistic, political, or scientific value, the work ______.

cannot be legally obscene

commercial broadcast Tv stations are required to

carry three hours each week of "core programming" for children

It is illegal to possess ______ in one's home.

child pornography

when did broadcast regulations begin to develop?

early 1900s

a plaintiff trying to prove whether she or he was frightened or extremely anxious because of the defendant's actions is suing for

emotional distress

The Curtis Publishing co. v. Butts and Associated Press v. Walker are noted for

extending the actual malice fault

Cable TV regulation is shared between the US Congress and local or state governments

false

In libel law, there is a list of specific words that, when used, defamation is automatically presumed.

false

The Federal Trade Commission encourages companies to track children's online behavior to enable advertisers to tailor advertising appropriately to a young audience.

false

The Federal Trade Commission's authority is exclusively corrective. It has no power to do anything to help prevent false and misleading advertising.

false

The First Amendment protects against the government seizing non-obscene books owned by a person convicted of selling obscene material.

false

The Supreme Court has ruled that the interest of the Food and Drug Administration (FDA) in promoting a healthy lifestyle allows the FDA unfettered power to regulate food and alcohol ads.

false

The application of the Central Hudson test, both before and after the Sorrell, has produced consistent court rulings.

false

The commercial speech doctrine provides advertising with at least as much First Amendment protection as any other kind of speech.

false

Showing minors in sexual situations will likely be found to be variable obscenity.

false. it is child pornography

In the law, the word "pornography" is ______.

not used as a legal term, except in the phrase "child pornography"

Regarding obscenity, indecency, and the Internet, the U.S. Supreme Court has ______.

not yet upheld a congressional law limiting indecent content on the Internet

Section 315 of the Communications Act applies to

political broadcasting and cablecasting

The US Supreme court rules that the Internet's First Amendment status is most like that of:

print media

The federal Controlling the Assault of Non-Solicited Pornography and Marketing Act ______.

regulates deceptive labeling and spam, including pornography, online

The Miller v. California obscenity definition ______.

requires all three parts of the test to be met for a material to be found obscene

Rulings by the courts and the FCC about indecent material on broadcast stations are attempts to balance ______.

stations' First Amendment rights and federal law banning all indecent material in broadcasting

which libel law concept suggests that a statement is not false even when it is slightly inaccurate?

substantial truth

Disclosure and substantiation are ______.

tools used by the Federal Trade Commission to correct potentially misleading advertising

According to the Miller test, an assessment of whether the material appeals to prurient interests must be based on conclusions drawn by an average person, not a child or a particularly sensitive person.

true

An FCC license is required to operate any broadcast station in the United States.

true

An individual member of a group can file a successful libel claim, when the group, but not the individual, is identified.

true

At the root of New York Times Co. v. Sullivan was a kind of advertisement.

true

Private individual plaintiffs suing for intentional infliction of emotional distress do not have to prove actual malice on the defendant's part.

true

Sam falsely published that Joan robbed a bank. In some states, Joan may sue for infliction of emotional distress as well as for defamation.

true

The First Amendment protects using swear words in the print media and movies.

true

The US Supreme Court held that the Internet has full first amendment protection

true

The safe harbor policy is a Federal Communications Commission (FCC) policy designating 10 p.m. to 6 a.m. as a time when broadcast radio and TV stations may air indecent material without violating federal law or FCC regulations.

true

The legislation currently regulating broadcast radio and television in the US is the Radio Act of 1912

False

Section 315 of the Communications Act of 1934 requires broadcast stations and cable systems to make equal opportunities available to legally qualified candidates for the same political office.

True.

Which Supreme Court ruling established the test to be used to determine whether government regulation of advertising violated the First Amendment?

Central Hudson Gas & Electric Corp. v. Public Service Commission of New York

what federal agency is the primary regulator of cable television and broadcast radio television?

FCC, federal communications commission

the concept of net neutrality is that

ISPs cannot charge content providers to speed up the delivery of their content

Kim knows Beth is suffering from clinical depression. On her morning radio program, Kim says, "When you see Beth, tickle her. She just refuses to laugh." Beth sues Kim for intentional infliction of emotional distress. A court likely will find

Kim's remarks to be extreme and outrageous

what is the satellite market modification rule?

a rule which allows a television station, satellite operator, or county government to request the addition or deletion of communities from a broadcast station's local television market to better reflect current market realities

Which major concept in libel law stems from New York Times v. Sullivan?

actual malice

The FTC views "word-of-mouth" advertising as ______.

advertising via social media from influencers that is subject to the full range of FTC oversight

In reviewing commercial speech cases, lower courts ______.

apply the Central Hudson test with inconsistent results

commercial limits during children's programming

apply to both broadcast stations and cable systems

The public interest is the standard for regulating

broadcast radio and television

The most accurate way to describe the trend in First Amendment protection for advertising over the past century is that protection has ______.

gone from none to some to more

As part of the Telecommunications Act of 1996, Congress adopted a law making it illegal to transmit indecent material to minors over the internet. The Supreme Court ______.

held the law unconstitutional

Native advertising is a form of advertising that ______.

is difficult to distinguish from the editorial content of the platform on which the ad appears

The Federal Trade Commission determines deception in advertising by examining whether an ad claim ______.

is material to the product/service and relied upon by reasonable consumers

KWAK-FM moves the Sordid-Chuckles show to 1 a.m.-5 a.m. Now, the station ______.

is not in trouble because the Sordid-Chuckles show is being broadcast during a safe harbor period

Variable obscenity is a term for material that ______.

is obscene for children, but not for adults

The New York Times co. v. Sullivan is considered as a landmark libel law ruling because...

it made it harder for public official plaintiffs to win libel suits by requiring them to prove actual malice

When government uses regulation to alter the flow of information to the public and shift consumption patterns, the Supreme Court has said the government's goal is ______.

likely to be unconstitutional

When the Federal Trade Commission has an administrative court order to stop an advertiser from making a particular claim, it is called a ______.

litigated order

In a letter to the editor in the local newspaper, Cindy complained that Monty, who owns a hardware store in town, wears ugly clothes. Monty felt insulted and sued Cindy for intentional infliction of emotional distress. Monty will ______.

lose the lawsuit because Cindy only insulted him

Assume the FCC adopts a definition of indecency the courts find constitutional. Then Suzy Sordid and Chucky Chuckles are hosts on a program airing from 6 a.m.-10 a.m. on KWAK-FM. Chucky often discusses sexual themes that are not quite obscene, but close. The station ______.

may be in trouble, because the Sordid-Chuckles show may be indecent

If a plaintiff suing for intentional infliction of emotional distress proves the defendant acted in a reckless way that could cause emotional distress, the plaintiff ______.

may win her case

Libel per quod

means that context is required before a determination can be made about whether material is libelous

A plaintiff won a lawsuit by proving a television station had a duty to use due care. The plaintiff was suing the station for ______.

negligent infliction of emotional distress