Jour 371 Final Exam old tests

Loretta, a journalist, loved poring through data for story ideas. One day while looking at records showing county-by-county unemployment payments, she was surprised to find her home county was No. 1 in the state. After she wrote about this, she received an anonymous call telling her that the reason for the elevated number of payments could be traced to one clerk in the local unemployment office who took payoffs to approve claims, even if the claimants had jobs. Loretta was able to follow up and confirm this through several anonymous sources who talked with her in person, even provided her records confirming one clerk was corrupt, although she was not able to determine a name. When her story appeared, the state Bureau of Investigation sent an officer to see her. The officer demanded that she identify her sources so the clerk could be identified and fired or prosecuted. Which of the following best describes the legal landscape created by this situation? A. A journalist's duty is to seek truth and report it for the benefit of the public. The First Amendment serves as a shield in this process by allowing journalists to work independently, not as agents of government. B. This is why we have a federal shield law. Journalists must be independent at all times, never required to identify sources. C. A journalist is first and foremost a citizen. Any time a journalist can do anything, as on these facts, to stop corruption and waste of public money, there is an obligation to do so. D. Loretta does not have to answer the questions of the investigator until/unless a subpoena or search warrant is obtained by the officer. At that point, she must answer or go to jail.

A. A journalist's duty is to seek truth and report it for the benefit of the public. The First Amendment serves as a shield in this process by allowing journalists to work independently, not as agents of government.

Hannah, an aspiring actor, was overjoyed to receive an email offering her a second audition for a part in a new Spielberg movie. She tweeted, "The casting director was a weirdo, but I don't care. She wants to look at me again." A few minutes later, Hannah got a second email. It said there had been an error and she did not need to come for a second audition. It was signed, "The Weirdo." As it happened, one of Hannah's followers had retweeted the tweet and the follower was followed by the casting director. Hannah felt her communication was private and wants to sue for invasion of privacy. What does the law say? A. A person has no privacy claim to any information the person places on the internet. B. Twitter is the responsible party and will need to pay Hannah what she would have earned from the movie role. C. The Electronic Communications Privacy Act applies here. D. Hannah's friend is the responsible party and will need to pay Hannah what she would have earned from the movie role.

A. A person has no privacy claim to any information the person places on the internet.

Since she was a young girl, everybody told Cindy she had the face of a model. She didn't think anything about it. One day, she was walking through the Memphis airport and saw a poster/advertisement for Southeast Airways that included the image of a smiling flight attendant. Cindy thought the photo looked familiar, then suddenly realized it was a photo of her. The photo had been cur and pasted from her Facebook profile image. It had been altered to add a flight attendant blouse, but it was clearly her. What does the law say? A. All the elements of commercialization, also known as commercial appropriation of a plaintiff's name or likeness are present. Cindy should win damages. B. Most of the elements of commercialization, also known as commercial appropriation of a plaintiff's name or likeness are present, except fame. Cindy would not win damages because she is not a celebrity. C. All the elements of commercialization, also known as commercial appropriation of a plaintiff's name or likeness are present. Cindy would win damages except she placed the photo on the internet for anyone to see. D. All the elements of commercialization, also known as commercial appropriation are present. Cindy's name was not used, however, so she cannot win damages.

A. All the elements of commercialization, also known as commercial appropriation of a plaintiff's name or likeness are present. Cindy should win damages.

Samantha was standing with the mall manager at a shopping mall shooting video of a humane society pet fair. Two customers in a nearby store started a fist-fight. She turned her camera toward the fight and the mall manager told her to leave the mall. What are Samantha's legal rights? A. At the point she is told to leave private property, she must leave or she is trespassing. B. She must immediately erase the video she shot and leave the mall. C. She can stay because she is a witness to a legitimate news event. D. She can stay, but she has to stop shooting video.

A. At the point she is told to leave private property, she must leave or she is trespassing.

Why doesn't linking to internet content constitute a copyright violation? A. Because a link is like an index card in a library. It merely directs people to copyrighted content. B. It is a copyright infringement. C. Because copyright law does not apply to the internet. D. Because a link is not "original."

A. Because a link is like an index card in a library. It merely directs people to copyrighted content.

A well-respected Hollywood movie studio released a movie that indicated much of what has been written about the German treatment of Jewish people before and during World War II was exaggerated. The Jewish Defense League urged a boycott. The studio lost money because very few people paid to see the movie. This is called: A. Citizen veto. B. Prior restraint. C. Violation of the studio's First Amendment rights. D. Unlawful chilling of free expression.

A. Citizen veto.

Which of the following is true? A. Each state creates its own court system, decides what to name them and how judges will be selected. B. Each state court system is modeled after the federal court system. C. States are not allowed to have specialty courts. D. Each state may create its own court system, but judges must be elected subject recall.

A. Each state creates its own court system, decides what to name them and how judges will be selected.

What does the Electronic Communications Privacy Act say? A. Eavesdropping or intercepting cell phone conversations is subject to the same restrictions as eavesdropping or intercepting wired phone conversations. B. Wiretapping is a criminal offense. C. All conversations by electronic means are private. D. Cell phone conversations among public officials are off-the-record.

A. Eavesdropping or intercepting cell phone conversations is subject to the same restrictions as eavesdropping or intercepting wired phone conversations.

Factors in proving a defendant was negligent include: A. Failure to check obvious sources. B. Malice. C. Desire to maximize audience. D. All of the above.

A. Failure to check obvious sources.

Daniel, a journalist, read that Sen. Smith had introduced a bill to extend the K-12 school year to last year-around. He phoned Sen. Smith's office to ask about the reasoning for the bill, but the person who answered the phone said Sen. Smith would not talk about the bill, nor would any member of the senator's staff. Daniel's best option is to: A. Find other sources. B. Submit his questions in writing and demand written response in seven days. C. Invoke FOIA to demand an interview with the senator. D. Report on a different story.

A. Find other sources.

Larry was balding and had a beer belly. He knew these things but was still shocked and embarrassed on Labor Day when a TV news crew showed him frolicking on the beach in its report on the official last day of summer. At work the next day, several of his friends suggested he go on a diet. He felt humiliated and told them that if he had seen the news crew he would have made sure they shot no video of him. Should he sue? A. If he does, he will lose under the news exception. B. If he does, his damages will be based on his humiliation. C. If he does, he will win. This illustrates why the tort of commercialization exists. D. If he does, he will need witnesses to testify they changed their opinion about his character.

A. If he does, he will lose under the news exception.

Ed posts on Facebook, "Something interesting is going on at my job. Susie and Bob go to lunch together every day and are all smiling and happy when they get back. Both are married. I wonder if their spouses know about this?" As it happens, Susie and Bob know each other from church and every day they meet their respective spouses, who work elsewhere, for lunch. There's no questionable activity between them. As it happens, some of Ed's friends are friends of Susie. She hears about the post and sues Jim for libel. What result? A. It looks as if all the elements of libel are present. Ed's in trouble. B. If this was only on Facebook, the element of "published" is missing. C. The Communications Decency Act says no one can be held responsible for the content of social media. D. Ed didn't make a specific accusation of adultery or anything else, so no libel has occurred.

A. It looks as if all the elements of libel are present. Ed's in trouble.

Ed was graduating from college and interviewing for jobs. His brother, Fred, was a freshman, whose driver's license had been suspended for DUI. Ed needed Fred to take him to the airport to fly out for an interview, so he loaned Fred his driver's license for the return trip to campus. Well, Fred decided to have a couple of drinks on the way home and as Fate would have it got arrested for DUI and booked as Ed, because that's the only ID he had. Aside from being furious with his brother, Ed knew background checks would be conducted by prospective employers and was naturally concerned that records would indicate he had a DUI, when it was really his bad little brother. At trial, Ed and Fred explained the situation and told the judge they wanted to waive the Sixth Amendment right to a public trial, and to have everything closed to the public (because the situation was so embarrassing). What must the judge do? Why? A. Leave the trial open. The Sixth Amendment right to a public trial belongs to the public, not the defendant. B. Leave the trial open. People could learn from the brothers' example. C. Allow Ed and Fred to use their Sixth Amendment right to private proceedings. D. Limit people in the courtroom to trial participants and order the media not to write about the case.

A. Leave the trial open. The Sixth Amendment right to a public trial belongs to the public, not the defendant.

What is the value proposition that describes the relationship between social media platforms and their members? A. Marketing information in exchange for entertainment. B. Connectivity in exchange for commitment. C. News in exchange for loyalty. D. Freedom of speech in exchange for euphemisms.

A. Marketing information in exchange for entertainment.

What was the attitude of the leaders in writing the U.S. Constitution about the press? Why did they specify that Congress could not control the press? A. Most Founders thought reporters were lazy, did not check their facts and went around trying to stir up trouble. They loathed the press, but recognized an overriding need: Government had to to be answerable to the people and that could not be accomplished if government decided and controlled what people could say and read. B. The new nation needed commerce. Newspapers were essential to providing advertising outlets for sellers, thus ramping up the economy. C. One of the leaders, Benjamin Franklin, was a publisher and printer, and the Founders wanted to protect his livelihood. D. The Founders remembered that many printed pamphlets and newspapers that were instrumental in rallying the people for American independence and wanted to reward them.

A. Most Founders thought reporters were lazy, did not check their facts and went around trying to stir up trouble. They loathed the press, but recognized an overriding need: Government had to to be answerable to the people and that could not be accomplished if government decided and controlled what people could say and read.

Professor Lorraine Weld of the Department of Art and Professor Larry Smoot of Mechnical Engineering are photographed walking across the Grove, smiling. Sunlight is streaking through the trees laden with leaves in full fall colors. It is a spectacular photo. The Daily Mississippian prints it on the front page with the caption, "Beautiful Autumn Weather Enjoyed By All," but Smoot and Weld are not happy and feel embarrassed by the photo because they didn't give their permission. Do they have a case against the newspaper? A. No. B. Yes. False light publicity. C. Yes. Commercialization. D. Yes. Intrusion upon seclusion.

A. No.

When he was in college, Allen and his roommate went to a restaurant for dinner. After the meal, his roommate said he would pay and Allen said, "No, I'll get it." The roommate went out to the car and Allen went to the restroom. When he came out, he saw no chit on the table and walked out, too, assuming his roommate had paid after all. About two blocks away, the police pulled them over and arrested them both for petty theft by leaving the restaurant without paying. They tried to explain, but the restaurant owner was furious and would not drop the charge. Both pleaded guilty and paid $100 fines in addition to the check. Thirty years later, Allen decided to run for the town council. A background investigation by his opponent revealed that he had pleaded guilty to theft. His opponent included a photocopy of the arrest record in an ad and captioned it, "Do we really want a convicted thief on the town council?" Allen thought this was very unfair, that the charge was in the distant past. Does he have a valid lawsuit against his opponent? A. No. Once something is in a public record, it remains public. B. No. This is true. There can be no privacy claim based on truth. C. Yes. This is false light publicity. D. Yes. This is public disclosure of private facts.

A. No. Once something is in a public record, it remains public.

Members of the XOX Fraternity staged a comedy show for charity. In one of the skits, a member walks to the frat house loading dock and sees another member (dressed as their beloved house mother) smoking crack cocaine. When asked, "she" says, "Don't turn me in. It's the only way I can tolerate these nerds." Everybody laughs. The next day, when the house mother sees a video of the skit she is horrified and embarrassed. She's not interested in money, but she wants to teach the members a lesson that accusing a person of illegal drug use is a bad thing to do. Does she have a libel case? A. No. The element of believability is missing. B. No. The element of identification is missing. C. Yes. This is libel per se because of the false statement of criminal activity. D. No. This was a charitable event. No one profited so there can be no libel.

A. No. The element of believability is missing.

What exemptions and/or privileges does the law provide to media representatives that it doesn't provide to others? A. None. B. Immunity from trespass law. C. Free access to sporting events, food, shows, concerts and such. D. Guaranteed access to crisis scenes.

A. None.

Alice had a very popular fashion advice channel on YouTube. Each week, she posted two segments, "What's Hot" and "What's Not." One week she wrote under "What's Not" that anyone buying anything from the new Kate Shovelle line was "nuts, because every frock in the collection looks like a pig sneezed on it." Sales of Shovelle's line dropped sharply. Frequent customers were polled, and all said they were rejecting the designs based on advice from Alice. Shovelle sues Alice for product disparagement. What's Alice's best defense? A. Opinion. B. Truth. C. Privilege. D. Neutral reportage.

A. Opinion.

Prior restraints on speech are: A. Presumptively unconstitutional. B. An important legal tool. C. Allow people to think before they say things they don't mean. D. Essential in avoiding conflict.

A. Presumptively unconstitutional.

Right after graduation, Marcie was hired as marketing director for Fun Time Playground Equipment. The company has an innovative design-build approach. Representatives meet with school kids and get their ideas, then use those ideas to create location-specific designs. Marcie concluded the best way to share information and build excitement about the company's novel approach was to make a short video at an elementary school where a project had been completed. She hired a video crew and went to such a school, told them what she was doing and interviewed teachers and kids, then edited it all into a neat package. Her bosses were very impressed. Did she forget anything? A. She needed model releases from the parents/guardians of the kids. B. No. She had consent because she told everyone the purpose of the video. C. She needed model releases from all people in the video. D. No. She should get a bonus and a promotion.

A. She needed model releases from the parents/guardians of the kids.

Bob was struck and seriously hurt by an OUT driver on the Square. His attorney knows Oxford has surveillance cameras in the area that would likely show whether Bob was in a designated crosswalk. The attorney wants the video. To get it, she will need a: A. Subpoena duces tecum. B. Search warrant. C. Bench warrant. D. Subpoena.

A. Subpoena duces tecum.

The anchor commodity in Sri Lankan commerce is: A. Tea. B. Curry. C. Soybeans. D. Seafood.

A. Tea.

When reviewing time, place and manner restrictions placed on expression, courts must find: A. That the restrictions are not an artifice created to block expression based on the content of the expression. B. That the restrictions relate only to time and place, not manner. C. That purely symbolic speech is exempted. D. That if there is an impact on commerce, it is kept at an absolute minimum.

A. That the restrictions are not an artifice created to block expression based on the content of the expression.

Which American court is the most restrictive when it comes to cameras or other recording devices in the courtroom? A. The U.S. Supreme Court. B. Federal Bankruptcy Court. C. Mississippi Court of Appeals. D. Mississippi Drug Court.

A. The U.S. Supreme Court.

In several states, sale and purchase of marijuana for recreational use is allowed by state law. Under federal law, marijuana is a narcotic and trafficking is marijuana is a criminal offense. This illustrates that: A. There are sometimes conflicts in a federal system of governance. B. States are free to ignore federal criminal statutes if they so choose. C. Some states are more rebellious than others. D. States have absolute control in defining what constitutes a crime within their borders.

A. There are sometimes conflicts in a federal system of governance.

Herman Green, 64 years old, was a candidate for mayor. A reporter, conducting a background check, found that a Herman Green was charged but not convicted of arson in 1977. She verifies that it is the same Herman Green who was running for mayor and accurately reports that he was arrested and not convicted 40 years earlier. Herman loses the election and blames the news report. If he sues, what's the best defense? A. Truth. B. The Communications Decency Act. C. Opinion. D. Statute of limitations.

A. Truth.

Pearl planned to write a novel, so she would habitually record her conversations with neighbors and study them to improve her ability to capture the regional accent. Because she wanted them to speak naturally, she did not tell them they were being recorded. Was this legal? A. Yes, if she was in a one-party state. B. No. The neighbors had a reasonable expectation of privacy. C. No. This was the same as wiretapping. D. Yes, there is a law that allows secret recordings for academic research.

A. Yes, if she was in a one-party state.

Ed dropped out of college a year short of completing his degree. He decided to return to finish, but wanted it to be a surprise to his family. Can he keep the college from telling anyone he is enrolled? A. Yes, under FERPA he may choose to have no information about his enrollment provided to anyone. B. It depends on whether he enrolls at a public or private college. If it's a public college, his enrollment is public record. C. Yes. All academic information is sealed unless students provide consent to any request for release of information. D. No. Under FERPA his academic information (grades) are private, but colleges are required to provide "directory information" to anyone who asks.

A. Yes, under FERPA he may choose to have no information about his enrollment provided to anyone.

Mallory has a donut shop. Every day, a person posts as PETA3 that "donuts cause cancer." Mallory removes the posts, but her sales keep slipping. She suspects a competitor of doing this and wants to sue, but has no idea who PETA3 really is. Is there anything she can do? A. Yes. She can initiate a case and ask the judge to apply the Dendrite test. B. No. This is the problem with false statements posted anonymously. There's no mechanism in the law to determine the author. C. No. The post is protected by the First Amendment. She can remove it, but she can't block it. D. Yes. She can get a court order instructing her competitor not to post on her site and see if that cures the problem

A. Yes. She can initiate a case and ask the judge to apply the Dendrite test.

Bob, the owner of Bus Tires Inc., learned that Channel 6 had been inspecting tires on school buses and invoices from his company. The station was about to report that his company was being paid for more expensive tires than the cheaper (and less safe) tires that were actually being placed on school buses under the company's contract with the local district. Bob called the station's general manager and said, "Look, some of my people may have made mistakes when they were putting tires on those buses and I will take care of that, but if you report that I didn't meet the contract terms, I will sue you for libel and it will cost you a fortune." In some jurisdictions, Bob has violated: A. The Communications Decency Act. B. Anti-SLAPP legislation. C. The statute of limitations. D. Due process.

B. Anti-SLAPP legislation.

What is it about the privacy torts known as "false light" and "publicity about private facts" that gives the law (courts) the most trouble? A. Both involve simple mistakes that often happen in journalism. B. Both involve publishing truthful information. C. Both require determining whether the plaintiff is a public figure. D. Both involve unethical journalism.

B. Both involve publishing truthful information.

A well-respected Hollywood movie studio released a movie that indicated much of what has been written about the German treatment of Jewish people before and during World War II was exaggerated. The Jewish Defense League urged a boycott of all movies released by the studio past, present and future. This is called: A. Prior restraint. B. Chilling free expression. C. Direct Action. D. Citizen veto.

B. Chilling free expression.

Barney's Barbecue contacted famed actor Morgan Freeman's agent about Freeman recording a voice-over commercial for the restaurant. When Barney, the restaurant owner, was told the actor's fee, he was amazed and told all his friends that Freeman wanted $1 million for a 30-second voice-over. One of the friends said, "Hey, I go to church with a guy who sounds just like Freeman. He'll make your commercial for free." Barney contacted the friend who agreed to record the commercial. Nowhere in the script did the friend make any reference to Morgan Freeman or use his name, but he really did sound just like the actor. As it happened, Freeman's agent heard the commercial and sent Barney a bill for $1 million. What does the law say? A. The fact that it was not Freeman controls. He can't get paid for what he didn't do. B. If the intent was to have people think Freeman was speaking for the restaurant (and it clearly was) Barney will have to pay. C. Because Freeman was initially offered the job, he has no claim because someone else took the role. D. What makes the difference here is that Freeman's name was not used. That someone sounded like the famous actor is a coincidence.

B. If the intent was to have people think Freeman was speaking for the restaurant (and it clearly was) Barney will have to pay.

A judge has the power to look at the pleadings in a case to determine if any facts are disputed. If upon doing so the judge determines there is no material dispute regarding the facts and the law is on the side of the defendant, the judge may: A. Fine the plaintiff for wasting the court's time. B. Issue a summary judgment for the defendant. C. Issue a declaratory judgment for the defendant. D. Immediately impanel a jury.

B. Issue a summary judgment for the defendant.

It's budget time and school board members want to talk about whether they have money for raises. A motion is made to close this discussion as a personnel matter. What does Mississippi law say about this? A. It fits the definition of personnel matter, so the discussion may be closed. B. It doesn't fit the definition of personnel matter, so the discussion should be open. C. It has nothing to do with national security, so it must be open. D. It is a sensitive topic, so it should be closed.

B. It doesn't fit the definition of personnel matter, so the discussion should be open.

Speaking at the Overby Center, Peter Hamby said a unique feature of Snapchat is: A. Content includes facial recognition software. B. It opens as a video content-creation app. C. It appeals to young people, especially gamers. D. It is extremely profitable.

B. It opens as a video content-creation app.

KWYO -TV in Casper, Wyoming, is an affiliate of ABC News. During Hurricane Irma, the station did not have a reporter in Key West, Fla., but aired a story created by ABC News showing a house being gutted by wind and waves. The reporter said, "Of course, the locals may not be too sad about this because the owner of this house is rumored to be a prostitute who sells illegal drugs." As it happened, the owner of the business had fled before the storm to her parents' house in Casper and saw the report. She works collecting seashells to sell by the seashore, is not a prostitute and has never sold drugs. Should she sue KWYO-TV for libel? A. Yes. The station had a choice of what stories to use from its ABC News feed and, too bad for KWYO-TV, chose unwisely. B. No. KWYO-TV is immune under the wire service rule. C. Yes. The element of identification is a little sketchy, but assuming neighbors would recognize the home, this is clearly defamation. D. No. They didn't use her name. No name, no libel.

B. No. KWYO-TV is immune under the wire service rule.

Paul Finebaum, a famous television sports show host, decided to shop for a new car one weekend when he was in Oxford. A photographer for the Oxford Eagle newspaper spotted Finebaum looking at the sticker on a Jeep Wrangler and took a photo. It appeared in the next day's edition with the caption, "TV host Paul Finebaum was spotted shopping for cars in Oxford." As it happened, Finebaum had a cult-like following in Oxford and by 5 p.m. the next day his fans had all flocked to the dealership and bought every Jeep Wrangler in stock. Finebaum hears about this and thinks his right of publicity has been taken. Is he correct? A. No. Public place. B. No. News exception. C. Yes. His image has value whether it boosted sales or not. D. Yes. His image boosted sales.

B. No. News exception.

Earl made a video of his piano recital and used a file-sharing service to provide it to family and friends who were unable to travel. To his surprise, his Uncle Jesse uploaded the video to YouTube and several people posted mean and hateful comments. Earl wants to sue YouTube. Can he? A. No. He should sue the people who posted the hurtful reviews. B. No. The Digital Millenium Copyright Act shields YouTube on these facts. C. Yes. He can sue his Uncle Jesse, too, if he wants to. D. No and Yes. He would have to sue both his own uncle and YouTube. Both infringed on his copyright.

B. No. The Digital Millenium Copyright Act shields YouTube on these facts.

Earl had an ice cream shop. He put a sign in the window that read, "Our Ice Cream Is So Good You Will Want To Eat It Until You Burst." As it happened, Marilyn liked ice cream, went to Earl's and ate so much that her stomach did, in fact, explode, causing her death. The Memphis City Council, hearing about this, decided to pass "Marilyn's Law." It said, "Signs promoting excessive consumption of ice cream shall be illegal in Memphis." Is the law constitutional? A. No. Eating ice cream is legal, so advertising it is legal in any form or manner. B. No. There may be other reasons, but one obvious problem is that it is content-specific. C. No. People can die after consuming too much of anything, including water. D. Yes. Protecting the health and safety of a community is a prime duty of the council.

B. No. There may be other reasons, but one obvious problem is that it is content-specific.

Which of the following is true? A. PICON standards require broadcasters to provide free air time to political candidates. B. PICON standards require broadcasters to be helpful to their audience. C. PICON standards require broadcasters to be answerable to stockholders. D. All of the above.

B. PICON standards require broadcasters to be helpful to their audience.

The interest served by libel law is: A. Fair market value. B. Reputation. C. Brand recognition. D. Privacy.

B. Reputation.

The mayor of Clearwater, Miss., is being tried for corruption in federal court and a local TV station wants to broadcast/livestream the case testimony from the courtroom. What are the chances? A. Hard to tell. Judges make these decisions on a case-by-case basis. B. Slim. This is federal court. State court would allow cameras, but federal courts make their own rules. C. Excellent. This is federal court; state court would not allow cameras. D. Not good. It would be up to the defendant, who would likely object.

B. Slim. This is federal court. State court would allow cameras, but federal courts make their own rules.

Which of the following is an example of private law? A. Jim is pulled over by Oxford Police. He is charged with allowing his dog to ride in the front seat. Jim asks to see the ordinance against this practice. The officer tells him it's a local and private law for the safety of students. B. Sue owns six rental houses and Todd lives in one of them. Instead of paying cash, Todd and Sue agree he will provide landscape services at all six. C. Brittany's breath test is .09 and so she is taken to the lockup on a DUI charge. Because she would lose her job if her employer finds out, she asks that her arrest remain confidential. D. Abner's and Zaxby's, two restaurants, decide on a corporate merger. They keep everything quiet until they have cleared all the legal steps. Then they issue a news release.

B. Sue owns six rental houses and Todd lives in one of them. Instead of paying cash, Todd and Sue agree he will provide landscape services at all six.

Bill and Bob owned competing Mexican-themed restaurants in Memphis. Bill was jealous of how many tacos Bob sold, so unknown to Bob, Bill sent his sister to Bob's. She got a seat where she could see into the area where tacos were being prepared and discovered Bob was using a different brand of cheese. She reported this to her brother, who changed cheeses and his sales increased. The sister blabs about it and when Bob finds out he's furious. He sues Bill and Bill's sister for invasion of the privacy of his business. What does the law say? A. The law says Bob has to show a reasonable expectation of privacy and loss of sales to win based on the intrusion upon seclusion elements. B. The law says businesses can't make privacy tort claims. C. The law says all Bob has to show is a reasonable expectation of privacy and he wins based on the intrusion upon seclusion elements. D. The law says there can be no reasonable expectation of privacy if the sister could see the same thing any customer could see. Bob loses.

B. The law says businesses can't make privacy tort claims.

False light differs from libel in that: A. There is no publication requirement. B. The published information is true. C. There is no statute of limitations. D. There is no believability requirement.

B. The published information is true.

Bert and Ernie were dispatched by GNN (Global News Network) to accompany scientists on an Arctic Expedition. While there, they shot spectacular video of the Northern Lights. It was so beautiful. No one had ever seen anything like it. After their story aired with some of the spectacular video, GNN decided to sell DVDs with extended footage. The DVDs became an instant hit in the meth community. Hundreds of thousands of the DVDs were sold because meth-heads said viewing the video made their drug experience more intense. So, what started as a routine news story generated millions of dollars in unexected profits for GNN. What does the law say Bert and Ernie get? A. Nothing from the original show, but all after-cost profits from the video. B. Their regular paychecks unless there was an agreement to counter the work made for hire doctrine. C. Half. D. It depends on whether GNN asked their permission to repurpose the video.

B. Their regular paychecks unless there was an agreement to counter the work made for hire doctrine.

In a small town in Connecticut, a man named Frank started selling hot dogs under the name Frank's Franks in 1870. Each generation of his family continued to operate the business under that name. In 2017, Bob read an article about copyrights while eating a Frank's Frank. The hot dog was so good that Bob decided to start a chain of Frank's Frank stores, claiming the name was in the public domain. What do you know about this? A. This is a patent case, and the patent expired in 1890. B. This is a trademark issue, and trademarks never expire as long as they are used. C. Bob is right about the copyright being expired, but he would still have to have the permission of the Frank's Franks family members. D. Bob can use the name, but not the logo (assuming Frank's Franks has one).

B. This is a trademark issue, and trademarks never expire as long as they are used.

Phil was the governor of Montana, which has a lot of two-lane roads. One day when he was driving the 80 miles between his home and his office in the state capital, he got behind a driver who would sometimes go the speed limit and sometimes drop down to 20 or 30 mph. Whenever the driver slowed, it was at a place where it would be unsafe for Governor Phil to pass. He stormed into his office and demanded a statute be passed immediately to outlaw "erratic and irrational driving." If passed, this law will likely be unconstitutional. Why? A. Ex post facto. B. Vague. C. Equal Protection Clause. D. First Amendment.

B. Vague.

As a term, "sedition" means: A. Inciting a riot. B. Writing or speaking against a government or its interests. C. Failing to keep an accurate accounting of events. D. Creating a clear and present danger.

B. Writing or speaking against a government or its interests.

Earl had an ice cream shop. He put a sign in the window that read, "Our Ice Cream Is So Good You Will Want To Eat It Until You Burst." As it happened, Marilyn liked ice cream, went to Earl's and ate so much that her stomach did, in fact, explode, causing her death. Marilyn's family sued Earl for wrongful death and his defense was that his sign was protected by the First Amendment. Was it? A. No. Earl was clearly more interested in profit than human well-being and should be punished for the death of Marilyn. B. Yes, unless there was a close, direct causal connection between the words on the sign and her death, the sign is protected speech. C. Yes. The First Amendment cannot be the basis for a wrongful death case. D. No. Earl should have seen this was a reasonably foreseeable outcome of the sign.

B. Yes, unless there was a close, direct causal connection between the words on the sign and her death, the sign is protected speech.

The University of Mississippi has a rule/law that says , "No sound amplification device may be used any weekday at any outdoor location on campus except between the hours of noon and 1:30 p.m. on Thursdays." It's an election year and a candidate wants to have a Tuesday rally, with a band and speakers, in the Grove. The University declines to give permission for this? Constitutional? Why? A. No. Voters need to hear from candidates. B. Yes. The rule is content-neutral as to time, place and manner and so long as it is applied to everyone the same, it's constitutional. C. Yes. The university exists for education in classes and anything that interferes with the mission can be banned. D. No. The University is public property.

B. Yes. The rule is content-neutral as to time, place and manner and so long as it is applied to everyone the same, it's constitutional.

The most troubling aspect of Sri Lanka's recent past has been: A. Pervasive government corruption. B. Widespread pollution. C. A 30-year civil war. D. A communist insurgency.

C. A 30-year civil war.

Which of the following accurately describes Americans' attitudes about privacy over the decades? A. Americans have become increasingly protective of personal information. B. It has always depended entirely on the subject matter. C. Attitudes have trended one way and then the other. Like a pendulum. D. Americans now care less about personal privacy than ever.

C. Attitudes have trended one way and then the other. Like a pendulum.

Notably, "hate speech" in and of itself is protected by the First Amendment. Why is that? A. Because Congress does not want to get caught up in religious conversations. B. Because haters vote, too. C. Because government and courts avoid evaluating the content of speech when at all possible. The theory is that it's best to let people decide whether there's any validity as opposed to have government arbitrate what is worthwhile or healthy in society and what is not. D. Because the First Amendment says, "NO LAW" shall restrict freedom of speech or the press.

C. Because government and courts avoid evaluating the content of speech when at all possible. The theory is that it's best to let people decide whether there's any validity as opposed to have government arbitrate what is worthwhile or healthy in society and what is not.

Before a trial started, Judge Judy looked at the list of witnesses expected to testify in the prosecution of a suspected drug dealer. She saw that one of them was an informant who worked with authorities to plan and carry out a purchase of heroin from the defendant. Judge Judy was no dummy. She said, "Look, this informant's life will be in danger if he testifies in open court. I'm going to close the courtroom for this trial." Anything wrong with this? A. Yes, protecting the identity of the informant might be wise, but closing the whole trial would be overkill. B. Yes, closing any part of an otherwise public trial requires creation of a written record of reasons. It can't be done by oral order. C. Both A and B. D. A, but not B.

C. Both A and B.

Most libel cases arise from: A. Social media. B. Aggressive journalism. C. Carelessness. D. Advertising.

C. Carelessness.

Over time, Benny became increasingly aggravated at the number of commercial messages popping up in his social media accounts. He can tell, based on the messages, that his posts are being tracked or "mined" to create a profile of his interests, but this doesn't please him. He decides to sue the platforms for invasion of privacy. What will be their defense? A. First Amendment. B. Commercial necessity. C. Consent. D. Everybody is doing it.

C. Consent.

Broadcasters use a public asset. This asset is known as: A. Conductivity. B. Airwaves. C. Electromagnetic spectrum. D. Electricity.

C. Electromagnetic spectrum.

Eric was a wildlife photographer. He sold rights to the Department of Wildlife to use one of his photos of an alligator on its website, www.wildlife.gov. Later, Eric saw his gator photo in Southern Outdoorsman magazine. Analyze this. A. Nothing on a .gov site is ever copyrighted. It is all in the public domain. B. If the magazine used the photo only and did not copy and paste the text from the .gov site, there is no copyright violation. C. Generally, content on a .gov site, even photos, is not copyrighted. Eric, however, may have sold limited rights to his gator photo and if he did the magazine's used was a copyright infringement. D. Moving content from the internet (digital) to a magazine (paper and ink) is transformative use, not subject to copyright.

C. Generally, content on a .gov site, even photos, is not copyrighted. Eric, however, may have sold limited rights to his gator photo and if he did the magazine's used was a copyright infringement.

The name of Peter Hamby's show on Snapchat is: A. Today's Smile. B. Politics Today. C. Good Luck America. D. Too Late, America.

C. Good Luck America.

Using the reasonable person standard, which of the following could most likely lead to a successful intrusion lawsuit? A. Any photo taken at a sports event. B. Any photo inside an airport. C. Hacking into a computer.

C. Hacking into a computer.

Gaston wrote on Instagram that Belle was expecting his child and that Belle's husband, AKA The Beast, had filed for divorce. Belle is furious over these provably false statements of fact that damaged her reputation, but she knows Gaston has no money to pay damages. She decides to sue Instagram. Assume this takes place in the United States, not France. What result? A. Instagram is a republisher. B. It will depend on whether anyone believed Gaston. C. Instagram is protected by the Communications Decency Act. D. It will depend on the child's DNA.

C. Instagram is protected by the Communications Decency Act.

Emily enrolled at the University of Southeastern Mississippi to work toward a degree in criminal justice. After her second year, she needed money. She decided to stay out of school and work for a couple of years to save more money. After two years, she went to the USM Student Services building to wait for see an admissions counselor. In the waiting room, she saw a bulletin board and began reading the notices. One typed sheet had, "STUDENTS EXPELLED FOR CHEATING," as the heading. To her shock and surprise, she saw her name on the list. She is horrified that this false statement of fact has been on display where anyone could see it. She sues the University for defamation. Will she win? A. It depends. If it's been there longer than two years, the statute of limitations will have expired. B. Yes. All the elements are there. C. It depends. If it's been there longer than a year, the statute of limitations will have expired. D. No. The University of Mississippi is not a media organization and only media organizations can be sued for libel.

C. It depends. If it's been there longer than a year, the statute of limitations will have expired.

While looking at magazine covers on a newsstand, Carol, a magazine publisher, noticed that more and more magazines were using graphics on their covers instead of photographs. She researched this and found out the graphics were selling better. She tells her staff to start using graphics more often and photographs less often. Is there a legal problem here? A. Yes. This is copyright infringement unless, of course, Carol had commissioned an independent trend analysis to defend her decision. B. Yes. The magazine covers were printed, so they had been reduced to a tangible medium of expression. C. No. Ideas can't be copyrighted. D. No. Anything that can be seen can be copied or imitated.

C. No. Ideas can't be copyrighted.

Eddie was an intrepid reporter. He saw a photo on Instagram of the mayor holding her new baby in her hospital room and knew that he couldn't use it, so he went into to the hospital, went into the mayor's room and, without asking, took a photo of her with her baby. She screamed, and as he backed out the door he suddenly remembered waking up in Media Law class and hearing something about intrusion upon seclusion and hospitals. He immediately reformatted his camera card and erased the photo. Should he breathe a sigh of relief? A. No. He has violated HIPAA by disclosing medical information. B. Yes. There's no harm if he didn't publish the photo. C. No. The tort of intrusion on seclusion is complete if the intrusion would be offensive to a reasonable person. Nothing has to be published. D. Yes. A similar photo had already been on Instagram. There's no privacy claim once a fact has been made public, so he didn't even need to erase his photo and publishing it would have been OK, too.

C. No. The tort of intrusion on seclusion is complete if the intrusion would be offensive to a reasonable person. Nothing has to be published.

Jane called Sue into her office with bad news. They had hoped Best Bird Feed would accept their proposal for an advertising campaign, but instead Best Bird Feed has chosen to hire Bob based on his proposal. Later, after Sue saw the Best Bird Feed advertisements, she noted how similar they were to the campaign she had pitched. She called Bob and said, "You are the worst kind of scum. Somehow you got my ideas and claimed them as your own. This violates every precept of decency and I will do everything I can to destroy you." Bob is shaken by the call and consults you, a friend who has taken Media Law. He wants to sue for libel. What do you tell him? A. Everything depends on Best Bird Feed's sales volume. B. You have a good case. All of the elements are there. C. Nothing was published, so there can be no lawsuit. D. You have a good case unless you actually plagiarized Sue's ideas and she can prove it.

C. Nothing was published, so there can be no lawsuit.

The TV show "Entertainment This Morning" reported that famous movie star Lori Reynolds "had disappeared from the set of her newest film and in rehab, again, fighting her addiction to Oxycontin." In truth, Lori Reynold had disappeared from the set to attend the funeral of her brother, who had been killed in a vehicle accident. Further, Lori has never been in rehab for anything. She wants to sue "Entertainment This Morning." What does the law say? A. All she has to prove is the show was negligent and she will win. B. She has a solid case for libel. Not only is it solid, damages are per se. C. She has a good case, but only if she can prove actual malice. D. She has a solid case, but will need to know the TV show's source.

C. She has a good case, but only if she can prove actual malice.

After graduation, Cindy moved to Los Angeles. Because she had an IMC degree from Ole Miss she was entrepreneurial. In conversations with people, she was amazed at how many women told her they were treated unfairly and objectified when they sought work or by their employers. She wondered why more didn't sue, so she searched for a list of lawyers who accepted gender discrimination cases. To her surprise, although there were 40,000 attorneys in LA, only six advertised gender discrimination as an area of practice. Slowly, over several months, she called all 40,000 attorneys and search court files to compile a better list of gender discrimination specialists, along with information about their fees, damages they had won and such. She created a website called "Best Lawyers for Women" and uploaded her data. To see it, visitors had to pay $10 to get through the pay wall. A week later, she was shocked to see her list had been cut and pasted to a site that had a pay wall charging $5. She had done all the work and someone else was selling her research cheaper. What do you know about this? A. This is copyright infringement, but only if she clearly displayed her name, the copyright symbol, the year and "All Rights Reserved." B. This is copyright infringement. Her list was her work and the internet is a tangible medium of expression. C. She should have paid better attending in JOUR 371. Lists can't be copyrighted, no matter how much time was spent compiling them. D. This is trademark infringement, whether the pay site used "Best Lawyers for Women" as its name or not.

C. She should have paid better attending in JOUR 371. Lists can't be copyrighted, no matter how much time was spent compiling them.

Lois Lane was a reporter for WBBB-TV on assignment in Houston, Texas. One day on the way to an interview appointment, she stopped at a convenience store for a cup of coffee. As she was paying, two robbers burst into the store, pointed a gun at the clerk and demanded money. Lois was knocked out of the way. The robbers fled. As soon as she was able, Hannah got out her smartphone and started shooting video she intended to use for a story on the experience. When the police arrived, they ask her to provide her name and contact information because she would be called to testify about about what she saw. To comply with the law as it relates to journalists, Lois should: A. Erase her phone video. B. Invoke the Branzburg test. C. Show up and testify. D. Give a false name and address.

C. Show up and testify.

We often hear about laws being evaluated or tested for their "constitutionality." What does this mean? A. That the law has been reviewed and found acceptable by the U.S. Supreme Court, as all laws must be upon passage. B. That the appropriate level of government (federal, state, local) created the law. C. That whatever is done by the law can be traced to or fits within a power given to government by the Constitution and/or does not conflict with a guarantee the Constitution provides the people. D. All of the above.

C. That whatever is done by the law can be traced to or fits within a power given to government by the Constitution and/or does not conflict with a guarantee the Constitution provides the people.

Vendors in the food court at the Ole Miss union must follow federal food safety and content disclosure standards and obey federal wage standards, must undergo state cleanliness inspections and collect state and local food taxes and be in compliance with dozens of other local, state and federal statutes. This illustrates. A. The siloed nature of federalism. B. Evolution of private law. C. The layered nature of federalism. D. U.S. Constitutional supremacy.

C. The layered nature of federalism.

While walking through Grove Circle to class in Brevard, Fred saw a bunch of cameras and lights on the steps of the Lyceum. He didn't think anything about it until a few weeks later when he and friends were watching an Ole Miss football game on TV. At halftime, there was a commercial for Ole Miss and Fred, sure enough, recognized himself walking in the distant background of one of the camera shots. He replayed the commercial several times until his friends agreed that was really him. One of them asked, "Did they have your permission or did they pay you to be in an Ole Miss commercial?" Fred said no one said anything. The friend says, "Well, you should check it out. They might owe you money." Fred turns to you because he knows you have taken Media Law. The accurate analysis you provide is: A. Unless they had a sign telling you they were filming a commercial and you knowingly walked into the camera shot anyway, they have to pay you. B. You were in a public place, so you have no rights to your name or likeness. C. This will be considered incidental use, which isn't compensible. D. You could get paid if you were famous, but only famous people get paid for being in commercials.

C. This will be considered incidental use, which isn't compensible.

Of the following, which of the following is NOT a basis upon which a government may regulate speech? A. Manner. B. Time. C. Truth. D. Place.

C. Truth.

Southern Chef, a magazine about fine dining, ranks Town Grocery's Shrimp & Grits the best and names Country Tavern Shrimp & Grits runner up. When the story is posted online, the owner of Country Tavern is angry. She posts a comment reading, "I may be runner-up, but at least people don't get sick after eating at my restaurant like they do at Town Grocery." The owner of Town Grocery is furious and wants to sue the owner of Country Tavern. What would a competent attorney tell her? A. The element of blameworthiness is missing. B. Don't sue the author, sue the magazine. C. Unless you have lost business as a result of the post, you can't win. D. Country Tavern is protected by the Communications Decency Act.

C. Unless you have lost business as a result of the post, you can't win.

Paul Finebaum, a famous television sports show host, decided to shop for a new car one weekend when he was in Oxford. A salesman at the Jeep dealership took a photo of Finebaum looking at the sticker on a Wrangler. The dealership used the photo in an ad with the caption, "Shop With Us. Paul Finebaum does." Finebaum hears about this and thinks his right of publicity has been taken. Is he correct? A. No. Public place. Anyone could have taken the picture. B. Yes, whether sales increased or not. C. Yes, but only if dealership sales increased. D. No. It was a complete and truthful depiction of an actual event.

C. Yes, but only if dealership sales increased.

Michael thought prices in the Student Union food court were way too high. To protest, he turned his pockets inside out and walked around while other ate. Was Michael protect by the First Amendment? A. Yes. No ifs. B. No. The facts don't say Michael is a member of the press. C. Yes, if (1) he intended a message and (2) people understood it, then his nonverbal communication was protected. D. No. The First Amendment protects speech, not behavior that can be disruptive.

C. Yes, if (1) he intended a message and (2) people understood it, then his nonverbal communication was protected.

Bob faced trial for killing a neighbor's horses. The community was incensed because of the sheer meanness of the crime. The Daily Planet (local newspaper) was deluged with letters to the editor from people all around the country and was printing them almost daily. Each letter called on the local people to sentence Bob to the maximum penalty. Judge Judy was to hear the case and knew Bob had a right to an impartial jury. She issued and order to the newspaper to stop publishing the letters until after the trial. Anything wrong with this? A. Yes, because it infringes on the free speech guarantee of the people who wrote the letters. B. No, Bob has a Sixth Amendment right to an impartial jury and the judge has a duty to protect that right by any means necessary. C. Yes, it's a prior restraint. D. No, people don't take letters to the editor seriously.

C. Yes, it's a prior restraint.

Larry is normally a quiet person. He worked quietly at a supermarket as a produce manager. He heard that vacant land near his rural home was being considered as a site for a chicken processing plant. He organized several protests, made speeches and banners and ultimately zoning officials rejected the use of the land for a chicken processing plant. The people who proposed the plant were interviewed about the rejection and the spokesman said, "We are very sad about this because we would have been a good neighbor," the spokesman said, "and we find it a little strange that Larry, who raised his voice against us, is himself a convicted felon who served a prison sentence in the 1980s for fraud. We don't know why people would believe him and not us" It's not true. They have confused the protesting Larry with another Larry. The Larry who protested has no criminal record. The protesting Larry sues for libel. Will he have to prove actual malice? Why? A. No. He is a private citizen who normally keeps to himself. B. No. He's not a public official or nationally known "household name." C. Yes. Even though he was a private person, he chose to enter this public controversy. D. Yes. It was an innocent mistake, meaning proof of actual malice is required.

C. Yes. Even though he was a private person, he chose to enter this public controversy.

After college, Fred went to work for a Memphis TV station as a web producer. His boss told him. "Keep an eye on the internet and if you see anything interesting, tell the news director immediately." While scrolling around, Fred saw what appeared to be a news alert on what appeared to be a legitimate news site, "President Trump and Melania to seek divorce." Fred also monitored other local TV stations and noted none had reported this. He pressed a few buttons and started a live crawl on viewers' screens. It read: "PRESIDENT AND FIRST LADY TO DIVORCE." As it happened, the alert was itself faked by a 16-year-old killing time in study hall in Waycross, Ga., who bet his friends $5 he could get major media to report a lie. Has Fred done anything wrong? A. Yes. He should have waited for some news station in his area to go first. B. No. A prime directive of journalism is to be first with the news, even if retractions are needed later. C. Yes. Independent verification has always been important in journalism and is now more important than ever. D. No. He had no way of knowing the news was fake, so he cannot be held responsible.

C. Yes. Independent verification has always been important in journalism and is now more important than ever.

The Daily Press prints a story quoting a public university administrator—the dean of sciences—saying that nearly all students in the university's School of Journalism and Mass Communication are binge drinkers and come to class drunk. There are 400 SJMC students. Lucy, a senior in SJMC, knows that is not true about her and she wants to sue the administrator for libel. Lucy: A. ... will lose because it was a statement of opinion. B. ... will lose because this was an obvious lie. C. ... will win, but only if she can prove actual malice. D. ... will not win because she was not identified in the legal sense of the word.

D. ... will not win because she was not identified in the legal sense of the word.

The Daily Press prints a story quoting a public university administrator—the dean of sciences—saying that nearly all students, including one named Lucy Brown, in the university's School of Journalism and Mass Communication are binge drinkers and come to class drunk. The story also quotes a professor in the school saying that while a few majors may abuse alcohol, she has never had an intoxicated student in class. Lucy Brown, a senior in SJMC, does not drink alcohol and she wants to sue the The Daily Press for libel. Lucy: A. ... has a strong case, but will face judicial immunity. B. ... has a compelling case that will likely succeed. C. ... will have to prove actual malice because The Daily Press is a known media organization. D. ... would have to overcome the The Daily Press defenses of privilege and neutral reportage.

D. ... would have to overcome the The Daily Press defenses of privilege and neutral reportage.

What is the effect of proper publication of a retraction in Mississippi? A. A damaged plaintiff may recover punitive damages, but not actual damages. B. Immunity from any libel lawsuit. C. The statute of limitations is reset to the date of the retraction. D. A damaged plaintiff may recover actual damages, but not punitive damages.

D. A damaged plaintiff may recover actual damages, but not punitive damages.

Lucinda proudly walked off the Grove Stage with her IMC degree and into an $80,000 job as a marketing researcher for Delicious Candies. On her first day, her boss said, "In order to meet production deadlines, we need to know what types of candy we can make to increase our Christmas sales. Your assignment is to find out what kids like." Lucinda made an A in Media Law, so she knows: A. A federal statute prohibits direct using the internet for consumer research. B. What sold well last year should be good enough to roll out again. C. Mississippi law prohibits direct internet harvesting of marketing information from preteens. D. A federal statute prohibits direct internet harvesting of marketing information from preteens.

D. A federal statute prohibits direct internet harvesting of marketing information from preteens.

Bob created a blog under the name "Dandy Reb" and posted daily about Ole Miss sports. The university's athletic director read the blog and liked it. He wondered who was writing it because sometimes it contained information that was new to him, and he was supposed to know everything. The athletic director demands to know who "Dandy Reb" really is. How can he find out? A. On these facts, he may petition a court to apply the Dendrite Test and Bob will be identified. B. He should post, "What's your real name?" under comments on the blog. Under the First Amendment Bob will be required to answer truthfully or face a lawsuit. C. He should issue a subpoena for the information to the ISP that is host to Bob's blog. D. Actually, he has no legal right to know. There is no requirement of self-identification associated with the First Amendment.

D. Actually, he has no legal right to know. There is no requirement of self-identification associated with the First Amendment.

Which of the following correctly defines terms? A. A plaintiff is the person or party initiating a civil legal action and a defendant is the person or party identified by the plaintiff as responsible for harm. B. Jurisdiction references the people or subject matter over which a specific court has authority or power. C. Appellate courts speak through written opinions and the majority of judges "wins," even if some judges who heard the case don't agree and publish written dissents. D. All of the above are correct definitions.

D. All of the above are correct definitions.

A theory of the people who wrote the U.S. Constitution was that by limiting government and maximizing personal freedom, the result would be: A. The innate entrepreneurial trait of humanity would be unleashed. B. Because people could speak and share ideas without government saying yes or no, truth would be discovered collectively, and while the road would be bumpy, reason would prevail. C. Society would advance on all fronts, including science and commerce and inventiveness and wisdom. D. All of the above.

D. All of the above.

Hermione's roommate at college was a pharmacy tech at a local CVS. Hermione was griping about a professor who demanded she find and report an exclusive story of major local, state or national significance. "How would I ever find such a story?" she complained. As it happened the roommate knew there was a doctor in town who would write prescriptions to allow students to obtain "study drugs." The doctor would take $100 cash in exchange for a prescription. Before telling Hermione about this, she asked for a promise of confidentiality. "I'd be fired or worse if people knew I told you this," the roommate said. Hermione should: A. Consider whether other sources might provide the same information without demanding confidentiality. B. Contemplate whether the benefit of receiving the information outweighed the loss of credibility that comes with using secret sources. C. Talk this over with her professor. D. All of the above.

D. All of the above.

The basic common law of libel hasn't changed, but the internet has created complications including: A. Increased use of anonymity. B. Ease of republishing. C. Jurisdictional issues. D. All of the above.

D. All of the above.

What types of speech fall outside the protection of the First Amendment? A. Speech that threatens national security. B. Incitement to immediate violence. C. Obscene speech. D. All of the above.

D. All of the above.

Which of the following are tools a judge can use to try to assure an impartial jury? A. Gag order. B. Change of venue. C. Continuance. D. All of the above.

D. All of the above.

Which of the following is true about photographing police/first responders in public places? A. Any actual interference with the work of emergency personnel can result in a lawful arrest. B. The rule applies that anything that takes place where anyone can see it can be recorded in any format. C. The U.S. Department of Justice has issued an advisory that this is to be permitted. D. All of the above.

D. All of the above.

Betsy downloaded an app called Speak Out that allowed her to post to multiple social media platforms at the same time. One morning when she tried to open the app, she discovered she had been blocked. She navigated to a place where she could get an answer, she was told that due to internet overload, members would be limited to five posts daily, and she had exceeded the limit. "What about my First Amendment right to free speech?" Betsy asked. "We love the First Amendment," she was told by the site owner, "but... A. ...the internet may be an unregulated public forum, but we can set our own rules without violating anyone's rights. B. ...this app is our property, so we can make the rules." C. ...your free speech rights don't create an obligation for us to provide a platform for you." D. Any of the above.

D. Any of the above.

In libel cases, why does it make so much difference whether the plaintiff is a public official, person or figure? A. Because people found to fit these definitions must prove actual malice, which is impossible. B. Because people found to fit these definitions cannot sue under the Communications Decency Act. C. Because people found to fit these definitions are not entitled to punitive damages. D. Because people found to fit these definitions must prove actual malice, which is not impossible but is difficult.

D. Because people found to fit these definitions must prove actual malice, which is not impossible but is difficult.

Typos happen. When writing about convicted serial killer Ted Bundy, a reporter mistakenly typed "convicted of 47 murders" instead of "convicted of 37 murders." Mr. Bundy files suit, citing the false statement of fact. How will this play out? A. Bundy will most likely win unless the error is prominently corrected by a retraction. B. Bundy will most likely lose. A typo is no basis for a libel case. C. Bundy will most likely win. In America, even widely known criminals have rights. D. Bundy will most likely lose. He appears to be "libel-proof" in that his reputation could not be any worse.

D. Bundy will most likely lose. He appears to be "libel-proof" in that his reputation could not be any worse.

Bob was struck and seriously hurt by a driver on the Square in Oxford. Bob employed Marsha, a lawyer, in a personal injury lawsuit against the driver. The driver responded that Bob was not in a crosswalk. Marsha remembered there was a photo in The Oxford Eagle of Bob being loaded into the ambulance, and she wondered if they have other images that might indicate where Bob was when he was hit. She prepares paperwork to be delivered to The Oxford Eagle ordering "all images" of the scene be delivered to her. This informal name for this is a: A. Needle in a haystack. B. Wild goose chase. C. Brandenburg inquiry. D. Fishing expedition.

D. Fishing expedition.

The federal statute that protects the privacy of individual medical records by health care providers is: A. COPPA. B. The Medical Records Privacy Act of 1965. C. FERPA. D. HIPAA.

D. HIPAA

By definition, an impartial juror: A. Has never heard anything about the case. B. Has not voted in the last three elections. C. Is completely free of personal bias. D. Is able to decide a case only on information presented during a trial.

D. Is able to decide a case only on information presented during a trial.

Julie believes lawmakers are stepping off the floor, away from microphones and going into a nearby room to talk about important matters of public policy. Before a session starts, she goes into the room and leaves her smartphone in record mode, then returns to the chamber. What do you know about this? A. It's a legal reporting in an all-party state because everyone in the group was being recorded. B. It's a legal recording in a one-party state because she knew it was being recorded, but not in an all party state. C. It's a legal recording in any state because it will expose violation of the open meetings law. D. It's not a legal recording.

D. It's not a legal recording.

Which of the following is NOT one of the Five Freedoms identified in the First Amendment? A. Speech. B. Religion. C. Petition. D. Jury trial.

D. Jury trial.

Which of the following is true? A. There is no relationship between ethical behavior and legal behavior. B. All laws have ethical components. C. A person who has solid ethics would never break any law. D. Many laws stem from ethical considerations, but ethical codes and legal codes are fundamentally distinct.

D. Many laws stem from ethical considerations, but ethical codes and legal codes are fundamentally distinct.

All her life people had told Mary she was special although she had a very normal name. She determined her own children would not only be special, too, but have one-of-a-kind names. When her son was born, she named him T34XL and submitted his identity for copyright protection. What do you know about this? A. She would have to pay a $35 fee. B. Even if copyrighted as her son's name, another filer could use T34XL for an invention or something. She can only limit another person from having that name. C. Most states don't allow numerals as part of names. D. Names (of people) can't be copyrighted.

D. Names (of people) can't be copyrighted.

There has been another tragic shooting and in the days following officials at a hospital where many victims were being treated started having twice-daily news conferences. As one began, the hospital spokesperson looked at Earl from Snapchat, and said, "Not you. Get out. You misquoted me in yesterday's story so you are banned from our press conferences." Does the law allow this? Why or why not? A. No. Just because a mistake was made once, doesn't mean it would be made again. B. Yes. It's a good way to ensure accuracy to exclude those who are irresponsible. C. Yes. The spokesperson can choose who will receive information in this setting. D. No. This is selective exclusion. If it's an open event, it has to be an open event.

D. No. This is selective exclusion. If it's an open event, it has to be an open event.

When Allison got her dream job with The Weather Channel, she was excited to do live stand-ups during all kinds of storms. Rain, of course, was a problem for the lens of the camera. One day, while waiting for the next storm to arrive, Allison fashioned a translucent tubular shield that could be clicked in place on the camera and keep even blowing rain off the lens, without interfering with the shot. Based on intellectual property law, she should: A. Trademark her design. B. Apply for an anchor desk job. C. Copyright her design. D. Seek a patent.

D. Seek a patent.

How long does a records custodian in Mississippi have until a proper response to a proper request for a public record is required? A. Two weeks. B. 10 days. C. An immediate response is required. D. Seven days in most cases.

D. Seven days in most cases.

For legal analysis, ownership is usually thought of as: A. Controlled by the statute of mortmain. B. Dependent on possession. C. A matter of black-letter law. D. Severable into a variety of interests, often marketable and subject to terms and conditions.

D. Severable into a variety of interests, often marketable and subject to terms and conditions.

The church where Lula was a member encouraged confession of sins. There were small rooms where people could sit, with the pastor on the other side of a screen, and speak openly about wrongdoing. One day when Lula was confessing her sins, she happened to look toward the ceiling and see a video camera. She was shocked and surprised and asked about it. The pastor said the church had experienced a problem with people taking money from donations boxes and said the cameras were on 24 hours a day as a precaution. She wants to sue the church for invasion of her privacy. What does the law say? A. She will win under the Right of Publicity elements. B. She will lose because she is not a celebrity. C. She will lose unless the video recording was shown to others by the pastor. D. She will win if it appears she had a reasonable expectation of privacy.

D. She will win if it appears she had a reasonable expectation of privacy.

Congress has given allocation and content management of the electromagnetic spectrum in the United States to: A. The Fair Trade Commission. B. The Federal Content Commission. C. The individual states. D. The Federal Communications Commission.

D. The Federal Communications Commission.

The problem with some so-called rape shield laws is: A. They are ex post facto. B. They force the media to wait, which interferes with the competitive aspect of journalism. C. Victims have no say. D. They are a prior restraint.

D. They are a prior restraint.

Alice worked in accounting at Major Bank, but the bank president knew she was a skilled photographer. He offered her a side job - $500 to take photos at a reception for the bank board of directors. She accepted, showed up and took several individual and group photos. As she was shooting, the FBI came into the room, arrested the board chairman handcuffed her and took her away. Alice photographed the whole thing. The bank president then came up to her and asked for the memory card from her camera. What does the law say about this? A. The images belong to Alice unless there was a separate agreement that they would belong to the bank and the bank owned the camera. B. The images belong to Alice and she is not required to surrender the card. C. This was breaking news, so the ownership of the images is irrelevant. D. This was a work made for hire, so the images belong to the bank president.

D. This was a work made for hire, so the images belong to the bank president.

In an ideal world, the role of professional communicators is: A. To make sure the public is paying attention when it comes to important political topics. B. To explain while some arguments are well-founded and others are not. C. To help people understand the difference between right and wrong. D. To provide information that helps people improve their lives.

D. To provide information that helps people improve their lives.

A distinct difference between stories on Snapchat and other digital and/or broadcast news is: A. Stories are targeted to encourage viewers to buy products. B. Point of view/bias is more prominent. C. The requirement that stories be more entertaining than informational. D. Vertical format.

D. Vertical format.

Kirk, a commentator on ESPN, said he thought Tyler, a veteran running back for the New York Jets, had "lost a step" and "was beginning to show his age." The next week, the Jets released Tyler, who believed Kirk had injured his reputation. What's the law here? A. The matter boils down to what's provably true. If Tyler can still run as fast as always, Kirk is in legal trouble. B. Everything will hinge on the testimony of Jets owners. If they testify they fired Tyler based on what Kirk said, Kirk is in legal trouble. C. Kirk is not in legal trouble unless Tyler can prove actual malice. D. What Kirk said was opinion, fair comment, criticism. It may have been defamatory, but Kirk is protected by the First Amendment.

D. What Kirk said was opinion, fair comment, criticism. It may have been defamatory, but Kirk is protected by the First Amendment.

Lorelei graduated from Ole Miss and moved to New York where within two years she had written and produced a hit Broadway musical. A touring company was formed to take the show on the road. "Not Alabama," she told the tour manager. "I despise those people. They beat our football team 66-3 in 2017 and I don't want my play performed in that state." She owns the copyright. Can she limit the touring company? A. No. This would infringe on the First Amendment rights of Alabama citizens. B. Yes, she has this right but it has to be for a legitimate economic reason. It can't be based on a football score. C. No. This would infringe on the rights of Alabama citizens under the Equal Protection Clause. D. Yes, she has this right.

D. Yes, she has this right.

Willie Morris is a very famous author who once lived in Oxford and taught at the University of Mississippi. He died several years ago. One time, the house were he lived came up for sale. The real estate agent found out about the famous former resident and advertised, "Home of famed author Willie Morris for sale on Country Club Drive in Oxford." Any problem with this? A. Yes. This matches the elements of public disclosure of private facts. B. No. This is a truthful advertisement. There's never any problem with telling the truth. C. No. This would be a violation of Willie Morris' right of publicity, but because he has died this is no longer true. D. Yes. This is a violation of Willie Morris' (or his heirs') right of publicity.

D. Yes. This is a violation of Willie Morris' (or his heirs') right of publicity.

Which of the following is an argument broadcast licensees are increasingly making? a. Existential threats to broadcasting are posed by services such as Netflix, Pandora, Sling. b. All the other media platforms operate free of FCC standards. c. The public owns the airwaves , but the government (not representative of the public) controls criteria for use of the airwaves. d. All of the above.

d. All of the above.