JOUR 371 Final

Movie ratings are assigned by:

A panel of people representing the movie industry.

It's fair to say that one thing Section 230 of the Communications Decency Act does in to regard what internet companies provide is similar to:

A table in that the table has no control over what's placed on it.

The Society of Professional Journalists has published best practices when it comes to media practitioners obtaining information by stealth. Among the tenets is/are: A. All of the above. B. Make sure the purpose is to find truth, not merely obtain revenge or something like that. C. Exhaust all other alternatives. D. Talk over the situation with colleagues to develop consensus.

A. All of the above

The "down" side of obtaining a patent is:

After 20 years, the patented item can be made/copied by others with no compensation to the original patent-holder.

In a state that has an "all-party" recording law,

All people being recorded (audio or video or both) must be made aware verbally or with signage that a recording is in progress

Generally speaking, a good or valid exclusion to state open records acts or FOIA will:

Be one that benefits the public.

Towns such as Oxford have code books with ordinances, the United States and individual states such as Mississippi have code books full of statutes. These ordinances and statutes are known as:

Black-letter law

One thing that the federal court system and state court systems have in common is:

Both systems have specialty courts., e.g. drug, bankruptcy, immigration, tax.

The toehold or basic rationale for government-set content controls for broadcasting as opposed to no controls for print or the internet is:

Broadcasters use the electromagnetic spectrum, which is a public asset.

Of the four privacy torts, which one is often based on truthful but incomplete information?

False light

The public policy of "net neutraility" means:

Federal regulators would manage spectrum availability affirmatively to keep an even "playing field" for all

The structure of government in the United States is defined by the term:

Federalism

While perhaps not strictly illegal, which of the following is/are unethical?

Using social media in pure social science research.

In addition to stemming from a defined power in the basic law, to be constitutional all laws of all types must not be deemed:

Vague or overbroad.

Courts have concluded that merely retweeting or sharing digital content that is libelous results in anyone who retweets or shares being regarded, in common law terms, as a:

Vendor.

In Mississippi's sunshine laws, descriptions of what constitutes a record and what constitutes a meeting of a covered entity are:

Very broad

Bert, an aspiring screenwriter, walked past the Cinema 8 and noticed that five of the eight movies being shown included dragons. It occurred to him that dragon movies were hot, so when he got home he said to you, his roomie, "I've finally figured it out. My next screenplay will include dragons. They're hot. People love movies with dragons and a studio will definitely buy my work." You think back to your communications law course, and say, correctly:

"That's great, Bert, but you need to make sure that your screenplay is original enough. If you are accused of creating a derivative work, you must be able to establish it's really transformative."

Students for the Protection of Campus Squirrels announced a rally in the Grove at the University of Mississippi and invited Professor Jenkins, a noted animal rights activist, to speak. Professor Jenkins agreed, but only if all journalists from Town News and all members of the Squirrel Recipe Club were excluded. "The press never quotes me right, and the recipe club members troll me on social media," Professor Jenkins said. You are the organizer of the rally. To comply with the law, you tell Professor Jenkins:

"Well, it's a public event, so if anybody can be there, anybody can be there."

You are Frank's editor at Town News. Frank comes to you with a story idea. "I think Private Hospital is charging insurance companies for services not provided to patients. I want to use a fake name and get a job in their billing department to see if I can come up with proof." Based on what you learned way back in college, you tell Frank:

"What you are talking about is fraud, and it's illegal."

Sharon liked nothing better than her beach time. She was finishing her degree, and planned to spend her life by the sea. The problem, however, was how to fund this lifestyle. She dozed in class a lot, but one day she awoke to hear a professor say something about ownership of words and phrases through something called copyright or trademark and how people had to pay or receive permission before using someone else's words or phrases. It occurred to her the word "lifeguard" was everywhere on the beach. She would claim ownership and require people to pay whenever they printed the word on swimsuits or T-shirts or stands. You were awake the whole time, so you know:

'Normal' words are not subject to copyright.

Sue Ellen, basketball coach at Victory High, received a phone call on morning from Local TV. The reporter said, "We need your reaction to the school board's vote last night to eliminate your contract, to fire you." Sue Ellen was at the school board meeting and what had happened, in fact, was that the school board voted to extend her contract. She told the reporter he had the story wrong. The reporter became snippy. "Well, if you're not going to respond to being fired, that's your decision - but we are going to report that you no longer have a job." The reporter ended the call. Sue Ellen was shocked. She knew that if the false story aired it would be very upsetting to her team members, their parents and her colleagues at Victory High. She phoned an attorney and asked the attorney to find a judge who will order Local TV not to report false information. (1) What is she seeking? (2) If granted, would it be constitutional?

(1) Prior restraint. (2) No.

During a criminal trial, a witness lost her cool and called one of the lawyers a "corrupt and vulgar scar on the human race." Judge Judy, presiding, happened to like the lawyer, so she turned to the audience and said, "I'm ordering you not to post that on the internet anywhere and I am ordering any of you who are journalists not to include that statement in your stories." Immediately, you recognize this as:

An unconstitutional prior restraint.

Montana legislators are considering a law reading, in part, "It shall be unlawful for any individual or media enterprise of any type to publicly disclose or identify in any way any person who reports or reports being a victim of any sex-related offense punishable under Montana law." As a legal scholar, you recognize this as:

An unconstitutional prior restraint.

What is the law regarding citizen journalism - bystanders shooting video of fights, arrests, traffic stops and such?

Anything that can be seen in a public place can be recorded - audio, video, still.

What are the three contexts in which considerations of personal privacy arise?

Autonomy, space and information.

The boss stormed into Cheryl's office at Good Candy Co. Cheryl had just received her IMC degree and been hired to replace the marketing director who had been fired. "I'm paying you $90,000 a year, just like I did your predecessor, and you get a BMW convertible to use just like he did," the boss said. "But that idiot caused us to lose a fortune last Halloween because the candy he said his research showed would be a best-seller just sat on the shelves." The boss continued, "Your job is to do research and find out what product will make us No. 1 in the Halloween candy market next year. What do kids like? And by the way, if we're No. 2 in the market, you're fired, too. " As you begin the project, what federal law should come to mind?

COPPA

Which of the following is a true statement?

Cameras are allowed in most Mississippi courts of record under rules established by the Mississippi Supreme Court.

The basic theory of governance in the United States is that governments at all levels derive their power to make and enforce laws and rules from:

Collective agreement of the public that laws and rules are necessary in any society

Jane, who lived in a small town, posted on social media that her son, Chip, had made up his mind and had accepted admission to Duke University. On Sunday, her pastor announced this from the pulpit, congratulating Jane and Chip. Jane was horrified. A friend in the same church, who had been pushing Chip to wait until he heard from the friend's alma mater, Princeton, looked at her angrily across the pews. Jane decides to sue the pastor for disclosing what she considered private information. What's the pastor's defense?

Consent

The effect of allowing people to own intellectual property rights has led to 300 years of: A. Increasing creativity. B. Increasing inventiveness. C. Increasing improvements. D. All of the above,

D. All of the above

During a church service, Harry, who usually admired his pastor, found himself very uncomfortable with a sermon as he listened. He pulled out a pen and started writing a letter with increasingly severe comments as the pastor kept talking. Harry ended with, "You are a complete idiot. You shouldn't be allowed to speak at any church, anywhere on anything." He signed his name, but as the service ended, Harry decided to destroy what he had written. He wadded up the paper and tossed it into a waste bin by the church door as he was leaving. It was a small church so, as it happened, the pastor was emptying the waste cans when he discovered the crumpled paper. He unfolded it, read it and was horrified that Harry - whose name was on the letterhead - would write such things. There is no libel case here. Why not? A. There are no damages. B. Harry's statements were opinion. C. Nothing was published. D. All of the above.

D. All of the above.

Which of the following are freedoms provided in the First Amendment? A. Speech. B. Peaceful assembly. C. Petition. D. All of the above.

D. All of the above.

Outside the context of First Amendment law, there are many practices that relate to free expression. These include: A. Self-restraint. B. Blocking, not listening or tuning out expressions by others. C. Deciding where and how to market. D. All of the above.

D. All of the above.

Which of the following is a true statement? A. If something is unethical, it is always illegal, too. B. Ethics centers on whether something is legal or illegal. C. In ethics, the starting place is to consider previous court rulings on the same or similar questions of fact. D. Many laws involve ethical considerations, but legal analysis and ethical analysis are not the same.

D. Many laws involve ethical considerations, but legal analysis and ethical analysis are not the same.

A key factor in helping media enterprises become or remain profitable is: A. People are inherently curious. B. People inherently want to keep up, to know what others know. C. People find information useful in conducting their lives. D. All of the above.

D. All of the above

Among the factors that make obtaining public information from government sources more difficult are: A. Records custodians sometimes believe it's their job to decide what the public should and shouldn't know. B. Government, especially at the federal level, is large and confusing. Often a significant problem is knowing who is the custodian of what information. C. Information is power. If a person with information shares it, the person loses the power that goes with having information not available to others. D. All of the above.

D. All of the above

Bob operated a boot store. Frank, a reporter for Town News heard Bob might be moving the store to a new location. Frank called the store and asked Bob, "I heard you are moving to a new location. Is that true?" To comply with the First Amendment, Bob may answer: A. Yes, no or maybe.. B. First, tell me why you want to know. C. No comment. D. Any of the above.

D. All of the above

Campus News Online posted a report on an automated food delivery system that used GPS-guided carts that could be dispatched to office buildings and dorms. The Campus News site allowed comments and AtlantaBob posted, "Never use these things. The food service workers hate them, and to discourage repeat business they are purposely sending nasty and uncooked food." The owner of the delivery system investigated, reviewing video of employees preparing food for the carts, and found zero evidence of any nasty or uncooked food. The owner also did a search of AtlantaBob and discovered that this person owned a drive-thru food franchise just off campus that was a competitor of the food service on campus. Which of the following is true? A. If the campus service owner sues AtlantaBob for libel, the service owner will need to prove a business impact and actual malice. B. If the service owner had not been able to learn the true identity of AtlantaBob, the Dendrite test was a likely alternative. C. Campus News Online is immune from a libel suit based on the Communications Decency Act. D. All of the above.

D. All of the above

It was horrible. Pete was on vacation with his family, when his twins, Jack and Jill, went up a hill - and vanished. Pete alerted authorities and worked with search teams combing the area by air and on the ground for days that stretched into weeks - but he made no public comments. Gradually, the case moved into the background of the news and most people forgot about it. As the fifth anniversary of the disappearance of Jack and Jill neared, Tom, a journalist, decided to revisit the case. He asked Pete for an interview and Pete declined. In his story, Tom wrote, "After five years, no one knows any more about the disappearance of Jack and Jill than was known when Pete first called the police. Authorities did question Pete then and several times since. Perhaps they should keep interviewing him over and over again until the truth - which apparently only he knows - is revealed. After all, as sad as it is, children are murdered by their parents all too often. "If Pete sues for libel, which of the following is legally accurate to say about this situation? A. Assuming this happened in Mississippi, if Pete decides to initiate a libel case, he has one year from the date Tom's story was published to do so. B. Pete can't be categorized as a public person if he did nothing to draw attention to himself and no one would know who he was or have any basis for suspicion except for Tom's comment. C. The fact that Tom doesn't specifically accuse Pete of wrongdoing doesn't matter if the implication is strong enough. D. All of the above.

D. All of the above

Which of the following is a rationale supporting the First Amendment? A. People who are free to exchange thoughts and ideas are less likely to build up animosity and eventually revolt. B. A basic trait of humans is the desire to manage their own destinies. C. People are going to talk, so government attempts to control speech are destined to fail. D. All of the above.

D. All of the above

etsy was board president of Public School District A and believed Quality Dairy was selling milk to Public School District B cheaper than to School District A. She went to the office of School District B and filled out the required form to receive an itemized payment record showing how much School District B was paying per carton of milk. The records custodian accepted the form and told Betsy to come back the next day. When she did, the records custodian told Betsy that she could not see or have a copy of the record disclosing how much was being paid for milk. What's the major problem here?

Denials must be in writing.

Eddie was mean-spirited and had a rough break-up with Julie, his former girlfriend. He posted several mean statements about her and even accused her of being a drug addict and drug dealer. To determine whether this is libel, some questions need to be asked. Among them is/are:

Did anyone believe his statements?

Herman experienced a series of misfortunes. He was laid off his job, his dog ran away, his car was stolen and he was diagnosed with coronavirus. He was, however, still active on social media. Herman tweeted, "I blame Suzy, my ex-girlfriend. Everybody knows she's witch, and it appears she has put a curse on me." As it happened, Suzy was still among the people who saw Herman's tweets and didn't think it was funny at all. She decides to add to Herman's woes - suing him for publishing a false statement. What will a judge do on these facts?

Dismiss the case because Herman engaged in figurative speech, meaning it's very unlikely anyone truly believed Suzy had the power to hex him.

Jack grew up in Biloxi, Mississippi, and became a successful writer. After his fourth best-seller, Jack was interviewed by a magazine writer who asked about his formative years. He was quoted in the resulting article as saying, "While I had many positive influences, I had troubling times, too. Miss Earnest in high school, for example. I loved books and reading. Miss Earnest loved whiskey and lying. She was a habitual drunk who said the track coach raped her and became the father of her child." As it happened, Miss Earnest was still around and still teaching. A neighbor had given her a copy of the magazine with her former student's photo on the cover. She set it aside, meaning to read it later. as it happened, years passed before she read the story. After reading, she immediately understood why a few years earlier some parents had asked the principal for a different teacher. She had just thought it was because she was strict. Her preacher also replaced her as a Sunday school teacher for no apparent reason. In any event, Jack's memory was absolutely wrong. Miss Earnest had been his teacher, but it was Miss Eagle, another of his teachers, who was an alcoholic and who had accused the track coach of rape. If Miss Earnest sues for libel, what is the most likely outcome?

Dismissal based on statute of limitations.

There are many black-letter laws that have as their main purpose preventing unfair or unfounded criticism of products or services. Together, these are known as:

Disparagement statutes.

Which of the following is a true statement? A. Adult content is legal in some cities, but not in others. B. Due to the difficulty in crafting a precise legal definition of obscene content, most "controls" on adult content are driven by marketing decisions. C. Due to marketplace concerns, trafficking in adult content is not protected by the First Amendment. D. Whether material can be shown, sold or exhibited depends on the definition in the Comstock Act.

Due to the difficulty in crafting a precise legal definition of obscene content, most "controls" on adult content are driven by marketing decisions.

In Mississippi, the chancery court system hears cases involving adoptions, divorces, disputes over wills or property lines. These cases are heard without juries and without a one side of a dispute seeking money damages from the other. Formally, they are known as courts of:

Equity

Warner Sisters Motion Pictures released a documentary called, "Cash from Ants." In the documentary, a real estate mogul would pour sugar around the foundations of buildings that were for sale. The sugar would attract insects. The mogul would then ask to tour a building with the owner and, after the tour, offer a below-market price based on the infestation. Many owners would sell for a bargain price, and the mogul would have the buildings fumigated and then sell them for a ridiculous profit. Months later, Bert, who sold residential properties in Denver, noticed that all of the houses he listed had been infested with ants. He checked a video system and was not really surprised to see recorded images of Ernie, a competitor in the real estate market, pouring sugar around Bert's properties. The recording resulted in Ernie being arrested for vandalism, but Bert still faced the enormous expense of having all the houses fumigated. He wants Warner Sisters to pay for this. What will he have to show in court to win?

Essentially that Warner Sisters caused the damage.

Bob, a photojournalist for Local News, was edging across a street toward a downtown building on fire to get a better angle. Firefighters were busily pulling hoses, connecting to hydrants. Bob was jumping over the hoses. A police officer shouted at Bob, "Get out of the way!" When Bob didn't move, the officer arrested Bob, handcuffed him and placed him in a patrol car. What does the law say about this?

Everyone is required to obey lawful orders from first responders. Bob was in the wrong.

It is defined as "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." What is this rule called?

Fair use

Larry, who had been drinking, was driving Frank home when they hit a garbage truck near Local Hospital. Frank was hurt. Larry was not, but he was handcuffed and placed in the back seat of a police car. From there, he watched as Frank was loaded into an ambulance and he could see it go to Local Hospital and turn in the driveway. Quite naturally, Larry was worried about the extent of Frank's injuries so he used his one phone call from jail to call Local Hospital to ask about Frank. He was told by a person at the hospital, "We have no record of a patient by that name." Based on what you know about federal law and medical confidentiality, what has happened?

Frank has invoked his HIPAA right to complete confidentiality.

Stated in general terms, society currently values personal privacy:

Higher than in the past. What usually happens is that a societal interest has to be very strong to overcome personal decisions.

Earl was a regular guy. He worked in City Hall as an accounting clerk, had a spouse, two kids, a dog and a mortgage. He drove a Honda Orvett. One day, he noticed the Orvett's steering wheel was harder to turn. He did a search and found a site where other Orvett owners were having similar experiences. All of them thought it was pretty dangerous. Earl wrote to Honda about the situation and received a response. In it, Honda said there was no problem with the steering mechanism and he and the others had over-active imaginations. The steering questions increased, though, and more and more Ovett owners were talking about problems. Ed started a site where their problems could be discussed as well as the responses people were receiving from Honda. Ed also commented on related articles on car magazine sites and became known in the internet community as the go-to person. Honda monitored the Earl's site and when Earl posted, "Honda is covering up the truth about the Orvett defects. They have studied the steering, and have obtained written reports proving we are telling the truth," Honda decided to to sue for libel. The company had commissioned several studies, none of which showed any problem with the steering. Which of the following is a true statement?

Honda will be required to prove actual malice because Earl is a public figure in this context.

Several Boston firefighters approached Ben, a reporter, with information. He was satisfied that they were telling the truth when they said they could provide him copies of logs showing that several stations were frequently understaffed, creating a danger to the public, and records showing that funds budgeted for the fire department had been diverted to pay cost overruns on a pet project of the mayor. Because they were afraid of retribution, the firefighters asked that their names be withheld. After talking it over with his editors, the decision was made that this was an important story. To be both legal and ethical in his response to the firefighters, Ben would say:

I will keep your identity confidential unless a final order from a court declares I must provide your names`

Mary Bradway was happy to be named Miss University, even happier to be Miss Mississippi and then to be crowned Miss America. Her roommate, Betsy, was happy for her, too. You manage Square Meals, a restaurant near the courthouse in Oxford. Business hasn't been good, but Betsy, who works for you as a server, has an idea. "You know that table by the window?" she asked you. "Let's put a sign on there reading, 'Reserved for Miss America Mary Bradway.' That way passersby might come in thinking they might see Mary, maybe even get an autograph." Even though you ended up managing a restaurant, you took a Communications Law course, so you told Betsy:

If you can get Mary's permission, we'll do it.

Which of the following is a tactic Mississippi government sources sometimes use when a request is made for public records that they do not wish to disclose?

Imposing an excessive fee to be paid in advance of providing the records.

What legal factor supports the argument that social media platforms should legally be responsible for content members post to their sites?

In the absence of a legal duty to act, legal responsibility is based on actions undertaken. Social media platform owners have no legal duty to manage content, but do so by choice. Said another way, despite the fact they manage, they depend on not being legally responsible for mismanagement.

Trademarks last:

Indefinitely, as long as the owner uses and protects the trademark

Irma decided to go to an Ole Miss baseball game and sit in right field with her fellow students. By tradition, cupfuls of beer flew into the air when an Ole Miss batter hit a home run. As the beer fell, Irma's face was drenched, streaking her makeup so that she looked like a character on the "Walking Dead" TV show. An ESPN camera person panning the student section stopped on Irma's face and zoomed in. As it happened, Irma's very strict parents were watching. Her mother texted her: "We just saw you on TV. We are not paying tuition for you to embarrass our family this way. Pack and come home immediately. You are not an Ole Miss student as of this moment." What's the correct legal analysis of these facts?

Irma is out of luck. She had no (legal) reasonable expectation of privacy in a public place and her image was shown as part of a news event.

Dodge Automobile Company wants to make a new, super-sized pickup truck and name it the Landshark. Any legal problem?

Probably not. Landshark may already be the trademarked name of a beer and the trademarked mascot of the University of Mississippi, but because trademark law's purpose is product differentiation and consumers would not likely be confused if a pickup has that name, a trademark would likely be issued to Dodge.

MaryAnn was a college student in Texas, where the purchase or sale of human tissue or organs is illegal. She was studying social media marketing when her mom called and said that MaryAnn's grandmother was still on the waiting list for a kidney transplant and her health was slipping. MaryAnn decided to use the internet to try to find a donor. Bob responded with some very specific information. He said he had been tested and it was confirmed he was a match for MaryAnn's grandmother, who happened to be his neighbor, but that he had backed out of donating one of his kidneys mainly because he was afraid. MaryAnn did a lot of research and provided it to Bob. It showed that the risk of harm to donors was extremely low, even decades after the surgery. Bob responded and MaryAnn was somewhat surprised when Bob said, "Are you willing to make it worth my while?" MaryAnn understood this to be a direct request for payment. As it happened, she had inherited $50,000 from another grandparent. She responded to Bob with, "I have $50,000 and it's yours if you will provide one of your kidneys to my grandmother." A few hours later, the university police knocked on MaryAnn's dorm door and placed her under arrest for trafficking in human organs. What does the Constitution say about this?

It appears that in the conversation that MaryAnn solicited a kidney for cash. If that solicitation, of itself, constitutes a completed crime, then the First Amendment does not apply here.

Which of the following is NOT an argument in favor of more legal controls on adult and/or sexually explicit content?

It is not profitable.

Judge Judy was told a confidential informant's testimony would be needed during a criminal trial and that the informant's life would be in danger if he testified in a courtroom open to the press and public. What does the Constitution say about this?`

Judge Judy may devise or allow some method to protect the confidential informant's identity, but limited to that effect only

After two years, Ed and Bob decided they had married as a mistake. They wanted to split, get a divorce - but remain friends. Together, they went to the local municipal court to file papers to end their marriage contract. There, the clerk told them they were in the wrong place - that the municipal court didn't grant divorces. This is a matter of:

Jurisdiction

Which of the following make(s) winning a libel case more challenging in the digital world?

Jurisdiction.

What's the recipe for answering law-based hypotheticals in this course?

Know each of the applicable legal elements and test the facts for their presence or absence, remembering any special rules or exceptions.

Champion, Under Armor and many more clothing manufacturers produce clothing items with university trademarks. The legal process through which they do this is called:

Licensing.

Homer owned a restaurant right across the street from Bonnie's Restaurant. From the cash register, he could see a lot of his usual customers going into Bonnie's and he wondered why. Homer's cousin was visiting from out of town, so he sent his cousin into Bonnie's to see what might be going on. When the cousin entered, he was seated by the host and told, "If you can produce a receipt from Homer's Restaurant, your meal will be half-price." The cousin told Homer about this and Homer was very angry. He went over to see Lucille and said, "We've been friendly competitors for a long time, but no more. This means war!" Lucille was distressed to learn her restaurant had been spied on. She wanted her restaurant to sue Homer and his cousin for invasion of privacy. What does the law say?

Lucille's Restaurant could not win a personal privacy case against Homer or his cousin.

Everybody knew Professor Plum was a jerk. He called roll in class one day and when Mary Ellen didn't answer he quipped - loud enough for everyone to hear - "I guess she's still at the STD clinic." The next time the class met, Professor Plum apologized. "I'm sorry if some of you believed Mary Ellen wasn't here because she has a sexually transmitted disease. She was really on a field trip for a different class." Mary Ellen wasn't happy about this, especially given that people she didn't know clearly avoided sitting by her in class and she had been taunted on social media by those who believed the professor - despite his apology. She decides to sue the professor for libel. Assuming this took place in a public Mississippi university, which of the following applies?

Mary Ellen could still receive actual damages, but not punitive damages.

Lucy lived in an all-party state. She had heard that her son's teacher was corrupt and would take money to provide good grades. She decided to test this, so she called the teacher and said, "Mr. Jones, my son is a C student but I really need him to get scholarships or he can't go to college." During the rest of the conversation, it was agreed by Lucy and Mr. Jones that she would pay him $1,000 to enter A scores for her son. To expose this corruption, Lucy provided the recording she secretly made of the conversation to Local TV. The recording was aired during a Local TV newscast; Mr. Jones was disgraced and fired. Later, Mr. Jones learned that the recording was illegally made, but he knows Lucy doesn't have much money so he decides to sue Local TV. What does the law say about this?

Mr. Jones will lose under the Innocent Use Rule.

Jack was a geofencing genius who happened to live in a college town with several pizza places along the same road. He worked at one, Happy Dan's. Jack created a program that would send a 10 percent off coupon and a photo of a delicious, steaming pizza whenever a passer-by had location services activated on his or her phone. Jack's boss was so happy with this creative idea that Jack added more functions. Specifically, when a person passed a competing pizza shop on the same road, his or her phone would receive a nastied-up image - one of that company's pizzas being served with flies all over it, being tossed in a dump, with FAILED stamped on a replica of the competitor's food safety inspection or something equally demeaning. The words with the image were, "You'd be smarter to go to Happy Dan's" Happy Dan's competitors were, quite naturally, enraged by this. Among the elements the competitors would need to prove if they sue for libel is:

Negative impact on their businesses.

`Every week, the Daily Journal newspaper posted a heading, "DUI ARRESTS." Under it was written, "The following people were charged by police last week with driving under the influence. A charge does not indicate the accused people will be found guilty." One week, the name of Royce Glenn, who had been charged with DUI, was on the list. When his case went to court, Mr. Glenn was able to prove a medication he was taking resulted in the false positive test. The DUI charge was dismissed. Even though he was innocent, Mr. Glenn noticed that his neighbors were no longer being neighborly, that his formerly chummy co-workers became distant and, for instance, came up with reasons not to join him for lunch, and that a promotion he was expecting went to someone else. He believes the Daily Journal has injured his reputation and decides to sue for libel. What's the best defense of the newspaper?

Neutral reportage or, more specifically, truth.

During Mardi Gras, Katy Perry, a famous singer, was photographed on a New Orleans street drinking a can of Dixie Beer. The photo appeared on a popular website that featured photos of celebrities enjoying the festival. As it happened, Katy had a lot of fans in New Orleans and they all started buying Dixie Beer after the photo appeared. A news story followed, telling about how the mere photo of Perry drinking Dixie had increased Dixie Beer sales 40 percent. Katy's agent saw the story, contacted Dixie and asked them for payment for Katy's "endorsement." You work for Dixie. What do tell the agent?

News exception.

The history of media in the United States indicates that first and foremost media enterprises are:

Private businesses providing a service in expectation of profits.

There are at least four functions of a trademark, but perhaps the most important is:

Product differentiation for consumers in the marketplace

Homer was very concerned that the local animal shelter was overcrowded. The shelter had posted photos showing the crisis situation. With the shelter's permission, Homer made handbills with the photos. The message on it also asked for donations. Homer stood downtown giving them to passersby. One approaching person stuck his hands in his pockets and refused to take a handbill from Homer. What does the First Amendment say about this?

No problem. Homer's First Amendment right to expression does not create any obligation for a passerby to accept the handbill.

Marsha, a reporter for Local News, had a problem with the mayor. Every time a citizen fussed at him about something Marsha reported he had said, the mayor would deny it and claim Marsha had misquoted him. To counter this, Marsha put her smart phone in her shirt pocket and used it to record every conversation she had in person with the mayor. She uploaded the recordings and provided a link to them with every story so her audience could check for themselves whether the quotes were accurate. When the mayor found out about this, he went berserk and accused Marsha of breaking the law. Did she?

No, not in if they were in a one-party state.

There was a tragic fire at the humane shelter in which dozens of pets perished. At the scene, Fire Chief Buster Brown looked into the TV News camera and said, "This is why we encourage everyone to install and test smoke detectors. All these dogs and cats would still be alive if the shelter's managers took their responsibilities more seriously." James was the shelter manager. His jaw dropped when he heard those words on a newscast because the shelter did have a functioning smoke detector that was wired to the Fire Department and had functioned properly. The truth was that the fire crew was out on another call and the chief was slow to redeploy a crew to the shelter. Not only did the shelter face rampant hate-speech on social media based on what the chief said, donations dropped almost to zero and there was no money to rebuild or reopen the shelter. James decided to sue TV News for a false statement of fact that injured the shelter's reputation. Will TV News lose? Why?

No. Fair report privilege.

Tom operated a fireworks stand. Starting before New Year's Eve, Tom offered a 5 percent discount to any customer who provided a valid email address. He continued to collect email addresses for customers through the year. Right before the next New Year's Eve, Tom made a list of all the email addresses he had been given and sent out a blast, thanking his customers for shopping with him and offering a 10 percent discount coupon. Unknown to Tom, Bill, who also operated a fireworks stand, had sent an employee to Tom's to check prices and the employee had provided Bill's email address. When Bill got the email from Tom offering the discount, he pressed "reply all" and offered a 20 percent discount if Tom's shoppers would come to his fireworks stand. Tom, naturally, was furious. He had put a lot of effort into his customer-development plan and was sure some law had been broken. Has it? Explain?

No. Lists can't be copyrighted.

Mary was in line to become president of Citizens National Bank where her best friend, Marco, was a member of the board of directors. While she was waiting to hear whether she got the job she suddenly recalled sharing with Marco a family secret - that her great-grandmother had been married to a Nazi general in Germany during World War II. Mary wondered whether, if Marco mentioned that to the hiring committee and she didn't get the job as a result, she can win a lawsuit against Marco for disclosing what she considers private information. Can she?

No. Mary disclosed this, so she can't claim it to be private. Also, the marriage certificate is likely in a public record and anything in a public record is, well, public.

Joyce's literature professor required digital submission of research papers with links provided by students to their resource material. The professor sees Joyce's Communications Law textbook and asks, "I've always wondered. Does my requirement for students to provide links violate copyright law?" Joyce answers, correctly

No. Not at all.

One morning, Sue, who worked at Campus TV, turned on her television. She was surprised when a commercial station aired the whole video of a statement the university president had made the previous day concerning a tuition decrease. Sue had been the only person present when the president made the statement and the only person shooting video. She knew in an instant the commercial station had downloaded the video she had posted on the Campus TV site. Was the commercial station's action legal?

No. This was a violation of Campus TV's copyright

Loretta was offered a job at Super Marketing. Her employer, as a condition of employment, required her to sign an agreement that if she was terminated or for any reason left the employment of Super Marketing, she could not work for any other marketing firm that competed for business with Super Marketing for two years. This would be classified as:

Private law

Julie, having finished college, moved to Nashville and needed income. She decided to become a wedding planner. As it happened, her aunt who lived in Dallas was a wedding planner, so she visited her aunt for advice. During the visit, Julie noticed a box of booklets her aunt had written, filled with hints and advice for couples planning a marriage event. Without asking, Julie slipped one into her bookbag (which she still carried) and went home. Back in Nashville, she had more of the booklets printed, changing the cover to "Weddings By Julie" and inserting her contact information instead of her aunt's. Was this legal?

No. Whether her aunt claimed copyright or not, it was a violation of copyright law for Julie to duplicate the booklet without payment or permission.

Julie lived and worked in Mississippi, but was known internationally as a graphic artist. Major League Baseball, based in New York, hired her and agreed to pay her $100,000 to design the logo for baseball's World Series. She submitted the logo and it was used by Major League Baseball. She kept waiting for payment, but it didn't come. When it became clear she would need to go to court to demand payment, her friend, Sherry, told her: "You're out of luck. There's no way Major League Baseball is going to defend a case in Mississippi and there's no way a court in New York is going to let someone from Mississippi win." Is Sherry correct? Why?

Not completely. Julie can file her case in federal court as a diversity matter.

In strict legal terms, the definition of an impartial juror is:

One who can base his or her verdict solely on information provided in the courtroom during the trial

Which of the following is a factor in the thinking that led to the First Amendment?

Open communication among people had a better chance of leading to a just society than government setting limits

Libel law exists to:

Protect individuals, products, services and companies from injury to their reputations caused by publication of false statements of fact.

The basic golden rule for professional communicators is:

Provide truthful information efficiently and narrowed to the most interested/receptive audience.

What value(s) does the First Amendment bring to American society?

Reduction of fear of government

Suppose the people who owned Channel 6 in Phoenix had a meeting and decided that Billy Bob Johnson, one of the candidates, would make the best mayor for the city. Which of the following may the owners NOT legally do?

Refuse to sell advertising time to Johnson's opponents

To shield or enhance the rights of intellectual property owners, member nations of the European Union are being required to:

Require larger internet platforms and sites to assure third-party uploaders have necessary rights before content is posted.

Jimmy worked as intellectual property official for the University of Mississippi. He didn't know how consumers found him, but he started getting lots of complaints about clothing bearing the Ole Miss trademark and sold by CampusGarb. Consumers sent him samples of the poor quality of the goods that fell apart when washed, seams improperly sewn, one arm or one leg longer than the other in shirts and pants. Jimmy decides to take action. What can he do?

Revoke or refuse to renew the licensing contract with CampusGarb.

After graduation, Superior Tire hired you as their social media marketing director. You also managed their website that details the price points of their tires and, naturally, the more expensive tires are guaranteed to last longer. One morning, you checked the site and saw the comment, "This is a rip-off company. I bought a set of their premium tires - supposed to last 60,000 miles - and they had to be replaced after only 30,000. DO NOT BUY FROM SUPERIOR TIRE." As it happened, the CEO (your boss) saw the comment, too. She texted you immediately and told you to remove that comment. Your legal response would have been?

Right away. Consider it done.

What's a frequent problem when officials invoke the national security exception to free expression?

Security would not be in jeopardy due to the expression; officialdom is, instead, trying to avoid accountability or embarrassment.

Some states provide journalists a privilege against providing evidence in trials, especially protection against having to identify their sources. These statutes are called:

Shield laws

The Berne Convention says:

Signatory nations will enforce the copyright laws of other nations if the other nations will enforce their copyright laws.

Bernadette was a music major, but was required to take a math course. Every day when he entered the class, the math professor whistled a little melody to signal the start of class. Bernadette was also in a composition class, and she used the notes the math professor whistled to build a complete sonata for her composition class. She told the math professor about this, thinking he would be pleased. Instead, he accused her of stealing his intellectual property. Did she?

Strictly speaking, there's no infringement here because it appears the math professor's original work of authorship had not been reduced by him to a tangible medium of expression.

Molly, your college roommate, answered the phone. It was her mom, who said, "We are so proud of you. We just received an email from the college congratulating us because you made the Chancellor's List of students with the best grades." Molly didn't mind, but remembered that during orientation she was told her academic information would not be shared with anyone without her permission and her grades were certainly academic information. Molly knows you are in a communications law class, so she asks you whether it was legal for the college to publicize her name for being a top scholar. You tell her, correctly:

That's covered by FERPA, and the college may release so-called directory information about you without your permission, unless you expressly forbid it. Honors and club memberships and such are directory information.

Where in U.S. law is ownership of intellectual property first mentioned?

The Constitution.

A group of students at North Alaska University was angry and upset when the university president announced that a student-run campus news website would no longer be able to use a university-owned computer server to host the site. Those opposed decided to wear tape over their mouths whenever they were on campus. When the president saw this, he ordered them to remove the tape or face expulsion from the university. What's the correct analysis?

The First Amendment protects the students' right to this expression as "symbolic speech" if (1) they intend to deliver a message and (2) people understand or are likely to understand the statement being made.

The entity in charge of interpreting the Mississippi Open Records and the Mississippi Open Meetings acts, is:

The Mississippi Ethics Commission.

Rudy was an obese man who wanted to sell weight-reduction foods using himself as a model of their effectiveness. The bad thing was that after several weeks of eating only the product he had not lost a pound. Determined to sell the product, Rudy went to a surgeon who performed a procedure that caused Rudy to lose weight rapidly. Rudy signed a form in the doctor's office forbidding disclosure to anyone that he had been a patient. Bobby, also obese, saw how much weight Rudy was losing and bought $5,000 worth of the special foods from Rudy but, of course, didn't lose any weight. Bobby was suspicious and knew about the doctor who was performing weight-loss surgery. He phoned the doctor's office and asked whether Rudy had been a patient. What does HIPAA say about this?

The clinic may not confirm or deny having Rudy as a patient.

What makes the tort Public Disclosure of Private Facts so indefinite?

The inherent difficulty in establishing what the public might be interested in knowing.

Which of the following is/are a true statement?

The internet did not create the practice of consumer deception, but has increased its speed and scope.

By law, the city of Tutwiler required a city permit be applied for and issued before "any parade or use of public streets other than normal traffic flow." Applicants were advised days, times and routes that parades could be held. A group called, "NOT HERE, NO WAY" applied for a permit to have a march against the planned construction of a large commercial slaughterhouse where cows, pigs and chickens would be prepared for market. The NOT HERE, NO WAY group thought the noise, smell and traffic generated by the slaughterhouse would be unhealthy for the community, but the mayor and other officials focused on the jobs and income the enterprise would generate. Based on their reasoning that the slaughterhouse would have more positives than negatives, the officials denied a permit. Which of the following is the correct analysis?

The law itself is constitutional because on its face it is content-neutral and related to safety and order. The denial of a permit was unconstitutional because officials imposed a value judgment on the event.

Frank was a reporter for Town News. His editor told him to find out if the mayor intended to seek re-election. Frank went to City Hall, into the mayor's office and asked the mayor, "Are you planning to seek re-election?" Which of the following describes the mayor's legal obligation?

The mayor has no legal obligation to say anything.

Jill was a server at Super Steak Restaurant. One day the host, Frank, heard her answer a customer's question. "Actually, a steak ordered here with the broiled shrimp topping is good. The thing is, the shrimp here come frozen in a package. I like the shrimp at Super-Duper Steak Restaurant better. They are fresh, never frozen." Frank told the restaurant owner what Jill had said. At the end of her shift, Jill was fired based on what she had told the customer. What's the correct legal analysis here?

The owner legally could fire Jill based on her expression.

Bad Bob was a known evil-doer in the community, so it was really no surprise when he was convicted of animal cruelty for stealing and drowning a litter of his neighbor's kittens. Unfortunately, the Local Press got it wrong, reporting that Bad Bob had been convicted of animal cruelty for stealing and drowning a litter of his neighbor's puppies. If Bad Bob decides to sue Local Press for its error, what rule will apply?

There has to be damage to reputation. On these facts, it appears Bad Bob would have a horrible public image, one not made worse by the error.

Ed opened a new burger drive-thru. Business was really bad. He borrowed $15,000 and had a jumbo LED screen installed at his entrance. Ed found a picture of Taylor Swift, a super-famous singer, on the internet and digitally added words she appeared to be speaking. The words were, "I EAT AT ED'S WHERE THE BURGERS ARE THE BEST." He thinks it is pretty clever to place the photo and words on the LED screen, but his business doesn't increase. Also, he doesn't have the celebrity's permission. What does the law say?

This is a violation of Taylor Swift's right of publicity.

Earl ran track for his high school. At one meet, he broke the state record for the 100M hurdles. Sadly, he collapsed at the finish line and was taken by ambulance to the nearest hospital to be treated for dehydration. Jack, a photographer for Local News, went to his hospital room and took a photo of Earl while Earl was asleep. The sound of the camera wakened Earl who said, "Who are you and what are you doing here?" Based on these facts, what does the law say?

This is classic intrusion upon seclusion.

The rights of media representatives in the United States are best described as:

Those available to any citizen

The predicate on which FOIA and state open government laws are based is:

To do their duty as citizens, people must know or at least have access to how public funds are spent, what policies are under consideration, being developed or in effect and how and why they were developed.

Marcie worked as a dispatcher for a trucking company. She lived in a modest home with her spouse and their children, went to church every Sunday and dreamed of buying a camper and traveling when she and her spouse retired. One day, a truck in her company's fleet went off a mountain road and the driver was killed. An official investigation determined a defective tire on the truck had blown out, resulting in the swerve and the death of the driver. On her own, Marcie did a Google search and learned this brand of tire had been implicated in many bad wrecks. She also checked her company's records and notified her bosses that many of their 18-wheelers had the same tires. The company replaced all the suspect tires and gave Marcie an award for being safety-minded. She was asked to write about her efforts in the company's online newsletter. As a result of that, when reporters and investigators did Google searches related to the tires, they came across her name. She was interviewed often, volunteered to make speeches and became known nationwide as an activist for tire safety. If the company that made the defective tire decides to sue her for libel, the company's attorney should tell them:

We'll have the burden of proving she knows what she's saying is not true or is completely indifferent to the truth. That won't be easy.

Marsha sells real estate. You are her boss. One day, Marsha runs into your office and says, "We are going to be sued." She tells you she heard Buddy, another agent, screaming Tim, an agent for a competing firm. "You are a liar," she quotes Buddy as shouting. "You know you cheated me out of the commission I earned on selling that house. I'm sick of you. I'm going to buy a billboard and tell the whole town about you being in prison from 2005 until 2012 for theft. I still don't know how you got a real estate license." Marsha knows Tim and turns to you and says, "I've known Tim all his life and he's never been to prison. He's going to sue us." You remember your communications law course and say, accurately:

We're good. Tim's reputation has not been hurt.

You become the media director for a large software development firm that employs hundreds of computer scientists, some more vain than others. One of your staff comes in and says, "Well, I've gotten us in trouble. Dr. Scarlett Johansson just left my office. The media release we sent out last week said she had received the Innovator of the Year award from the American Society of Software and she said it was really the North American Society, which includes Canada and Mexico - not just the United States. She is angry that the significance of her award was understated and expects to be paid damages for the false statement of fact." Based on your knowledge of libel, your (correct) first thought is:

Well, we got it wrong, but it's certainly not defamatory.

"Tort" comes from the Greek word meaning:

Wrong.

Pete, a college student, was arrested by campus police and charged with littering. Under FERPA, may campus police disclose this information?

Yes, FERPA only applies to academic records. Arrest records are not academic records.

Frank and Friends were bored and decided to drink and play cards all night. About 3 a.m., the beer was gone and Frank agreed to walk across the street to a convenience store to restock. He wasn't very steady on his feet, though, so shortly after he entered the store and started knocking items off shelves on his way to the beer cooler, the manager told him to leave and not to come back until he was sober. Frank got the beer, paid and left. The manager remained upset, though, and wants to know if Frank was trespassing. You know the law, so you tell the manager:

Yes, Frank was trespassing the moment you told him to leave and he did not leave.

Marsha was a marketing intern at the World Health Organization. One morning, she texted her friend, Sue, who was a news intern at CBS News. The text read: "Be on the lookout for a big story tomorrow. We're finalizing a press release that will say Mountain Dew soda is contaminated and is being recalled nationwide." Marsha was wrong. A recall press release was being prepared, but it was for Mountain Spring bottled water. Sue was always looking for ways to impress her boss, the news director, so she showed her boss the text. That night - before the accurate release was issued - CBS Evening News reported "a nationwide recall of contaminated Mountain Dew will be announced tomorrow by the World Health Organization" as its top story. Owners of the Mountain Dew brand were seriously upset. Do they have a valid libel case against CBS?

Yes, if the false report had an impact on sales and a jury believes CBS showed a reckless disregard for the truth.

Betty sent all the parents in her daughter's third-grade class a text: "Can any of you tell me why every time the local casino has a slot machine contest, out kids' reading teacher calls in sick? Do we really want a habitual gambler instructing our children?" Truth is, the reading teacher has never been in the casino and it's just coincidence that she has to drive her own mother for medical therapy in a nearby town on the days she has missed. Does the teacher have a libel case against Betty?

Yes, it appears all the elements are there - assuming people would change their minds and think less of the teacher based on "habitual gambler."

The specialty of Ellen's Bakery was fantastic cakes for children's birthday parties. One day, she delivered one she thought was her best ever - and the children were thrilled. She asked them to gather around the cake and smile big for a photo and told them she was going to post it on the bakery's website and use it in the bakery's ads on social media. Is there a legal issue here?

Yes. Assuming the children were all minors they lack the legal capacity to give permission to use their images to promote products or services.

Every day, Ben boarded the OUT Bus at Faulkner Flats to ride to the Ole Miss campus for classes. One day, he saw a poster advertising OUT. The words printed on it were, "Every day, rain or shine, we're there for you." The photo on the poster showed the back of a man entering the bus during a pouring rain. Ben looked closer and recognized it was him - his umbrella, his shoes, his backpack. He didn't know the photo had been taken and had not been asked to appear in the advertisement. He knows you are in Communications Law class, so he asks you, "Can they do that?" You answer, correctly:

Yes. If no one but you recognizes that it is you, then it's incidental use - and not an invasion of your privacy.

Marcie had a degree in graphic design, but never really used it. A neighbor, Jim, was starting a snowboard manufacturing company and knew about Marcie's talent. One day, he said, "Marcie, I'll pay you $50 to come up with paint colors and designs for my new snowboard." She did and was paid the agreed amount. Within a few months, snowboarding went viral and everybody was buying snowboards. Jim became a multimillionaire and his snowboards even won a $50,000 prize for "best design" in an industry competition. What is Marcie's legal share of the prize money?

Zero. It was a work made for hire.

Bernadette decided to enter donuts from her donut shop in the donut contest at the state fair. After judging, a brochure was printed with the results. Bernadette's donuts came in third. The judges' comment was, "Bernadette's were a bit flat. We believe they would taste better with a bit more vanilla, too." Earl also entered donuts from his donut shop, which was right across the street from Bernadette's. Earl won first place and Bernadette noticed an immediate change - spotting several of her former customers entering Earl's. Clearly, her reputation has been damaged. You hear her fussing about all of this and, based on your communications law class, you know to tell her:

the judges merely offered their opinions, so there's no libel case.