Media Law Questions

The MOST IMPORTANT difference between trial courts and appellate courts is that:

Trial courts establish the facts in a case; Appellate courts rule on questions of law.

all of the following are examples of agencies that create administrative law except

U.S. Congressional Budget Office

All of the following are possible routes for a case to make it to the U.S. Supreme Court EXCEPT:

U.S. District Court to U.S. Circuit Court of Appeals to the U.S. Supreme Court

North Carolina is in which federal appellate circuit?

4th

A U.S. Supreme Court justice who joins the majority opinion but who has different legal reasons for agreeing with the majority will often write what kind of opinion?

A concurring opinion

In Near v. Minnesota, Near was convicted under:

A public nuisance statute

all of the following are examples of prior restraint except:

depositions

A content-based law is a law that is created to advance a government interest that is unrelated to the suppression of speech.

false

All state court decisions are eligible for U.S. Supreme Court Review.

false

Appeals courts have a juries.

false

The court in U.S. v. The Progressive found that enjoining the publication violated the First Amendment.

false

How many freedoms does the first amendment grant

five or six

What which was NOT one of the examples given by the court in Knight v. Trump to argue that President Trump's Twitter account was an official government account?

he has used the account to promote government speech

You decide to play your violin in the Pit. This is a form of free expression best represented by which First Amendment theory?

individual liberty/self-fulfillment

Justice Blackmun's dissent in New York Times v. United States, accused the majority court of what?

Being First Amendment absolutists.

All of the following are law except

Bills

The law at issue in Citizens United was called the

Bipartisan Campaign Reform Act

Why did Justice Alito feel he needed to write a concurring opinion in Packingham?

He thought the majority opinion might be interpreted to mean that the government could never prohibit sex offender use of the internet, He did not agree with equating speech on the internet to speech in public streets and parks, tThere are important differences between cyberspace and the physical world that make the internet potentially more dangerous for children.

What was the name of the case in which SCOTUS decided political speech is protected even if the person being punished for that speech was not actually speaking?

Heffernan v paterson

What is a traditional public forum?

Lands that are owned by the government that have been historically opened up for free expression (streets and parks).

In the Pentagon Papers case that the U.S. Supreme Court in 1971, the Nixon Administration tried to:

Stop the presses of the New York Times and the Washington Post.

What is prior restraint?

Stopping someone from speaking or publishing.

Article One of the Constitution gives which branch of government its power?

legislative

Which branch of government can perform the most checks on the other branches?

legislative

Who has the power to create the lower federal courts?

legislature

Who creates statutory law

legislatures

Which of these NC courts is a trial court?

nc superior court and the nc district court

what is the importance of precedent in the study of law

past cases that help decide current cases before courts

Which of these is an example of a compelling government interest?

protecting public health and safety

The type/s of corruption can Congress prevent according to the majority in McCutchen v. FEC?

quid pro quo

Which of the following theory of the First Amendment espouses free speech toward better governance:

self-governance

In Reed v. Town of Gilbert, the Court found that the law was content-based which means they applied ___

strict scrutiny

The "marketplace of ideas" in First Amendment law posits that freedom of speech leads to:

the truth

Reed v. Town of Gilbert was a 9-0 decision by the Supreme Court.

true

The Executive branch is in charge of carrying out U.S. law.

true

The state action doctrine is the principle that the Constitution and its protection of rights and equality applies only to the government. Private entities do not have to comply with the Constitution.

true

north Carolinas state constitution protects freedom of speech and press

true

the right to an education in NC is an explicit right in the NC constitution

true

When someone wants his case heard by the U.S. Supreme Court, the following must be filed:

writ of certiorari

What Court issued the U.S. v. Progressive Opinion?

a federal district court in Wisconsin