True/False Comm Law
Nobody has ever been able to get a camera into the Supreme Court
false
Citizens would rather be punished before speech with a prior restraint compared to dealing with the consequences afterwards.
False
Commercial symbols; such as, signs, titles, names, and slogans for businesses are considered worthy of protection under copyright law.
False
Common law has a higher level of legal status than constitutional and statutory law
False
Common law has developed through the decisions of the Supreme Court.
False
Common law is based on judicial interpretation whereas constitutional law is based on custom and practice.
False
Congress and the Supreme Court are equal to each other and one cannot override the other's decisions.
False
Content-based regulations deal with when and where you are
False
Content-based speech regulations are primarily concerned with regulating the time and place of an individual's expression.
False
Contributory infringement is when someone has the right and ability to supervise the infringers activity and benefits from the infringement
False
Copyright protects expression and the ideas and facts contained in that expression
False
Copyright's always last for 70 years
False
Criminal contempt attempts to coerce journalists into revealing their sources and testify during trial.
False
Criminal contempt is usually imposed on a person who refuses to obey an order intended to protect one of the parties in a court case
False
Curtis Publishing Co. v. Butts defined a private person must prove proof of falsity if they are involved in a matter of public interest.
False
Decisional privacy refers to control over the collection, use, and disclosure of personal information.-
False
Defamation cases do not have to involve a statement of fact.
False
Determining if the restriction is narrowly drawn is not a consideration when the court is tailoring a content-neutral regulation.
False
During Hollingsworth v Perry, the Supreme Court allowed cameras in their courtroom for the first time.
False
Effort alone is enough to be considered as a condition for successful copyright claims
False
Equal access to media for political candidates is always protected, while some political speech is not.
False
Even if a statement is clearly unbelievable to a reasonable person, a plaintiff can still claim false light.
False
Federal agencies hold the power to make laws to regulate an entire industry and are given complete control over those involved in the industry.
False
Federal law requires that that both parties to a conversation be notified and provide consent to have the conversation recorded.
False
Georgia has a shield law, but it does not recognize qualified privilege.
False
Ginzburg v. United States declared that it is reasonable to limit when a constitutionally protected demonstration might be held.
False
Groups of 100 or more usually can successfully sue for libel.
False
History of the proceeding is not taken into consideration when determining whether to conduct an open or closed courtroom.
False
If I buy a book and then make a profit off of selling it to a friend, I am violating the "first sale doctrine".
False
If you do not mention a specific name, you can't be guilty of appropriation
False
If you do work for sports illustrated, you can own the copyright
False
If you wanted to receive your marriage license, you and your fiancé would go to the magistrate court.
False
If your statements in the article include "in my opinion," then they can't be considered defamatory
False
In Ashcroft v. Free Speech Coalition, the law can punish any creation or sale of child pornography even if the children are simulations.
False
In Branzburg v. Hayes, the Supreme Court decided that reporters have a First Amendment right of protection to refuse to testify before grand juries.
False
In Campbell v. Acuff-Rose Music, Inc, it was ruled that 2 Live Crew's use of the song Pretty Woman was not transformative enough.
False
In Hustler v. Falwell, the court threw out Falwell's claims of libel and invasion of privacy, but they agreed that the magazine's portrayal of him was intentional infliction of distress, because he was a private figure and didn't have to prove actual malice.
False
In Joseph Burstyn, Inc. v. Wilson (1952) it was declared that the sheer capability of evil is compelling enough to disqualify films from First Amendment protection.
False
In New York Times v. United States, the Supreme Court ruled 6-3 that the First Amendment permitted an injunction
False
In New York Times v. United States, the court ruled that a prior restraint was constitutional because the Pentagon Papers presented an eminent danger on national security
False
In Red Lion Broadcasting Co. v. FCC the court described the electromagnetic spectrum as an unlimited resource that did not need to be regulated.
False
In Roth v. United States, the Court ruled that a determination of obscenity could be made on the basis of only a few isolated passages or pictures rather than looking at the work as a whole
False
In Schenck v. United States, the clear-and-present test claimed that pamphlets urging citizens to oppose the draft were protected by the First Amendment.
False
In Texas v. Johnson, the Supreme court ruled that it is unconstitutional to burn an American flag, because of the implied threat of violence with which it is associated.
False
In Time, Inc. v. Hill, the Supreme Court ruled that private figures don't have to prove actual malice like public figures if they can prove false-light.
False
In a 2011 case, Brown v. Entertainment Merchants Association, the Supreme Court upheld a California ban on the sale or rental of violent video games to minors.
False
In a civil suit, the person who is being sued is the "plaintiff," and the person who is suing is the "defendant".
False
In both libel plaintiff's and false-light plaintiff's it must be proved that the defamatory remark is published to at least one person.
False
In order to get a permit to engage in a public protest, you have to get the content of your protests approved by law enforcement.
False
In relation to testimonies, spousal privilege states that as long as you're married, you must always testify against your spouse.
False
In the Barber v. Time case, the court ruled that Time was well within the rights to publish Barber's illness because it was newsworthy
False
In the Harper & Row Publishers Inc. v. The Nation Enterprises, the Supreme Court sided with The Nation and agreed that their article fell under fair use.
False
In the case involving Oprah Winfrey and the Texas Beef Group, the court ruled in favor of the Texas Beef Group because Oprah's statements were proved to be significantly damaging.
False
In the landmark Pentagon Papers case, the Supreme Court upheld the injunction of refusing to allow the New York Times to print the papers, because it was a compelling government interest.
False
In work for hire situations, the publisher/employer owns the copyright, unless it's written in the employee's off hours.
False
Internet providers and other common carriers are still liable for copyright infringement even if they unknowingly provide access to copyrighted works.
False
It is against the law to sell a movie ticket for an R-Rated film to a 15-year-old
False
It's easy to amend the constitution, and therefore it is changed frequently
False
It's okay to dismiss juror based on their race if it helps your
False
John Milton's marketplace of ideas is the perfect model for how our media should interact with the public
False
Journalists enjoy a qualified First Amendment privilege.
False
Journalists prefer search warrants over subpoenas.
False
Judicial admonition is the rarely used by judges, as it is the most binding of the remedies for prejudicial publicity
False
Justice Stewart argued that journalists should have first amendment privilege to withhold source names and information only if it will hurt them in the long run
False
Lawyers are qualified to tell a communicator what to write and how to edit.
False
Libel is spoken defamation.
False
Materials may be considered obscene simply because people may find them to be filthy, disgusting, or revolting.
False
Most early libel law was civil law.
False
Non-public figures must prove actual malice in defamation cases, since they're not in the public eye and people don't know better or know their character.
False
Notice of copyright has three elements in the following order: the letter "c" in a circle, the name of the copyright owner, and the year of the first publication.
False
Nudity is considered patently offensive, no matter what.
False
Officials can invite journalists with them when they are executing warrants in private places because it does not infringe on a citizen's Fourth Amendment Right
False
Only about half of the 50 states recognize a legal right of privacy. Georgia is one of those states.
False
Osburn v. Ohio stated that you cannot charge someone for mere possession of obscene material.
False
Participant monitoring occurs when all parties of a conversation are aware of a secret recorder or transmitter
False
Per year, the Supreme Court hears arguments on approximately 1,000 cases out of the 7,000 sent to them
False
Police can seize, search or delete the contents of a person's cell phone if they used it to record an officer's activities in a public place.
False
Political speech is heavily regulated because it is known to spark riots
False
Postponing a trial is not permitted, even to remedy pre-trial publicity.
False
Pre-publication agreements are a form of prior restraints that the First Amendment protects us from.
False
Press-Enterprise I ruled that the First Amendment grants the right to the public to hear pretrial hearings.
False
Prior restraint is unconstitutional, even in cases of incitement of violence.
False
Prior restraint, rather than punishment after publication, is the more common method of curbing harmful expression.
False
Privacy law does not include the right to portrayed accurately in the media
False
Privacy laws are more uniform than others, making a plaintiff's claim easier to win in court.
False
Product disparagement, or trade libel, defames the reputation of the company that produces a commercial product.
False
Prohibiting demonstrations after 8pm in a quiet suburban neighborhood violates the First Amendment right to freedom of speech and assembly.
False
Public libraries that accept federal funds do not have to limit access to sexually explicit Internet material, the Supreme Court ruled in 2003.
False
Qualified privilege states that a reporter shouldn't have to testify unless: there are sufficient grounds that the reporter possess relevant information, that the information is unavailable from other sources, and that there is a sufficiently compelling need of the information to override 1st amendment.
False
Reporter's privilege is a constitutional right as established in the Branzburg v. Hayes case
False
Security review is another type of prior restraint done by the government
False
Sex and obscenity are synonymous
False
Spoken defamation is libel.
False
Spousal privilege, where one spouse does not have to testify against the other, is recognized in every state.
False
Stare Decisis is an opinion 'by the court' rather than an opinion attributed to one justice
False
Statutes providing for automatic closures of judicial proceedings are unconstitutional, unless they deal with minors and sexual offenses.
False
Successful libel plaintiffs have to prove monetary loss
False
Testimonial privilege applies only to the relationship between a doctor and a patient.
False
The "colorization" of black-and-white films is an exception to copyright infringement, because it simple enhances the original quality.
False
The 1968 court decision requires that all film makers have their film rated
False
The 1975 case, Cox Broadcasting Corp. v. Cohn, the Supreme Court determined it was unconstitutional for the media to report information contained in records available in an open courtroom
False
The Court ruled that the William James Sidis case wasn't newsworthy after so many years and it invaded his privacy
False
The FRE 305 limits use of subpoenas against news media by requiring the Attorney General to authorize them.
False
The First Amendment gives citizens an absolute freedom of speech.
False
The First Amendment protects defamatory statements, since all expressions are considered speech.
False
The Miller test comes from the Miller v. California case and states that if a few select parts of a work are deemed "patently offensive", then the entire work can be deemed obscene.
False
The Pentagon Papers shows that the Court allows prior restraints to remain in place if they are against a government agency or agent.
False
The Pentagon Papers were classified documents leaked after the Vietnam War and the Supreme Court ruled that newspapers could not publish the papers.
False
The President is the only person who can make law.
False
The Privacy Protection Act put more severe restrictions on ordering subpoenas for reporters and journalists.
False
The Supreme Court held that Congress could constitutionally ban obscene sexual messages provided by commercial telephone services, as well as ban indecent dial-a-porn services.
False
The Supreme Court in 1981 issued a federal statute banning cameras in courtrooms, because the presence of cameras can lead to the violation of a defendant's right to a fair trial
False
The Supreme Court said Napster wasn't unlawful, because it had lawful uses that were the main purpose of the product
False
The Supreme Court supports absolutism (the belief that speech should be absolutely protected from government intervention).
False
The burden of proof is always placed on the defendant.
False
The chilling effect is when people think it's cool to speak out on things
False
The content of cable program channels is required to operate "in the public interest" and can be strictly regulated by the federal government.
False
The decision in Hazelwood did not allow high schools to censor their students
False
The government can only sue for criticism of governmental conduct if the content is "entirely false or unreasonable."
False
The government does not have the ability to block false advertising. The Supreme Court has ruled that citizens are capable of making their own purchasing decisions.
False
The government, "has no power to restrict expression because of its message, its ideas, its subject matter, or its content"
False
The internet is seen as being just as invasive as radio and television and, therefore, requires licensing.
False
The issue of making juror names publicly available has been addressed by the Supreme Court, though previously lower courts were divided on the issue.
False
The main function of administrative agencies is adjudicating disputes
False
The majority of shield laws provide protection of subpoenaed information only if it is unpublished.
False
The most common false-light claim against the media is for the fictionalization resulting when a broadcaster/publisher omits information or uses it out of context.
False
The most graphic form of sexual expression is indecency
False
The pre-trial publicity remedy voir dire, refers to the shifting of location of a trial
False
The primary cause of a preliminary hearing is for the defendant to gather all available information to build a defense
False
The right of copyright owners to control the reproduction of their work is absolute
False
The safe harbor for airing indecent material is between 8P.M.- 2A.M.
False
The supreme court has declared it is constitutional for a government official to arbitrarily determine whether a fee will be charged for a parade permit and what the fee will be.
False
The terms pornography, obscenity, and indecency are interchangeable and are used as such in interpreting the law.
False
There are 10 Supreme Court justices, who are appointed by the President and confirmed by the Senate.
False
There are 12 appellate courts in the
False
There are 12 states that have "all-party" consent laws, and Georgia is one of them.
False
There are 50 court systems in the country
False
To be considered copyright, works must be registered through the US Copyright Office
False
Today, nearly half of all 50 states recognize a legal right of privacy.
False
Traditionally written or printed defamation is slander, whereas spoken defamation is libel.
False
Traditionally, written or printed information is slander, whereas spoken defamation is considered libel.
False
Utilitarian goods are on the list of things that can be copyrighted
False
Vior Dire is a remedy available only when more than one person has been charged with the same crime or related crimes
False
Voir Dire is making sure the jurors don't have access to the media
False
You can recover if someone disclose something true and private about you, but it does not have to be highly offensive
False
You cannot be held liable for re-publishing a defamatory statement.
False
You cannot be held liable for re-publishing someone else's defamatory statement, as long as you provide attribution.
False
You cannot have a general business tax on cable television and satellite services because it is unconstitutional.
False
You wrote some fan fiction on Grey's Anatomy, and you were approached by a publisher to make your own tv show. You can't be sued for the spin-off show because it's your work
False
Broadcasters are responsible for libel conveyed in ads by non-candidates, such as super PACs.
FalseTrue
Content regulations are subject to strict scrutiny to ensure that they are justified by a compelling governmental interest, and are narrowly tailored.
True
Content-based regulations are deemed unconstitutional because of the risk of causing a chilling effect and denying the protection for political speech.
True
Continuance is the legal term for the postponement of a trial
True
Courts ordinarily follow Branzburg's majority when asked to decide whether a reporter should have to testify in front of a grand journey
True
Cox v. New Hampshire determined that the law could only withhold a license if it was for content-neutral reasons.
True
DOJ guidelines limit the use of subpoenas against the media
True
Defamation always places someone in false light, but being placed in false light isn't always defamatory. True
True
Defamation and false light cases are very similar but do have some distinct differences.
True
Defamation is expression that tends to damage a person's standing in the community through words that attack an individual's character.
True
Direct infringement is when a person directly infringes a copyright by copying, performing, or otherwise violating a copyright owner's exclusive rights without permission.
True
Even if an internet site knows generally that many user generated posts contain infringement copyrighted works, the service provider is not obligated under the Digital Millennium Copyright Act to find and remove the offending material.
True
Even if you maintain a quiet life after childhood fame, you can still be considered newsworthy
True
FCC v. Pacifica Foundation upheld the FCC's power to punish a broadcaster for airing indecent content, because broadcasting is intrusive and accessible to children.
True
Federal agencies that develop rules and decisions known as administrative law are known as the headless fourth branch of government.
True
Federal and state laws that do not conflict with the federal constitution can provide more protection for communicators than is available under the 1st Amendment.
True
Federal and state supersede all other declarations of public policy
True
Federal law allows participant monitoring. It is not unlawful if one participant of a conversation records or transmits a conversation without telling the other
True
Fighting words receive no constitutional protection
True
First Amendment due process puts the burden of proof on the government before restrictions on media can be placed
True
Florida Star v. B.J.F. upheld Smith v. Daily Smith Publishing Co. that lawfully obtained information can constitutionally be published even when the name of a rape victim was leaked.
True
Freedom of expression is not protected absolutely
True
Georgia has a one-party consent law.
True
Government licensing of broadcasters is allowed due to physical limitations of the electromagnetic spectrum.
True
Grand Jury proceedings are always completely closed
True
Halting a copyright infringement is viewed by the courts as a protection of a property interest rather than an interference with free speech.
True
Having cameras present in courtrooms introduces the risk of grandstanding on the part of the judge, attorneys, lawyers or defendants.
True
If a judge feels that a defendant may risk not having a fair trial because of pre-trial publicity, they may change the venue of the trial or sequester the jury
True
If a reporter offers confidentiality then breaks it, they can be held accountable
True
If the government wishes to restrict expression, judges must endure procedures called First Amendment due process.
True
If you are held in contempt in a civil court, you can be released by complying
True
If you see a work that doesn't have the copyright symbol on it, that doesn't mean it's not copyrighted. --
True
If you wrote an article containing lies about Dr. West and she sued you, it would be considered a civil libel case
True
Implied defamation, or "libel per quod" can be called innuendo.
True
In Burrow Giles Lithographic Co v. Sarony, the Supreme Court ruled that pictures are considered writings that are protected by copyright.
True
In Cox Broadcasting Corp. v. Cohn, the Court ruled that publishing information from official records available in court has nearly absolute protection under the First Amendment.
True
In FCC V. Pacifica Foundation, the Supreme Court upheld the FCC's power to punish a broadcaster for airing indecent content, reducing their First Amendment protection in this context because broadcasting is intrusive and accessible to children
True
In Florida Star v. B.J.F., the Supreme Court ruled that the First Amendment protects publication of lawfully acquired truthful information about a matter of public importance unless prohibiting publication will further a state interest "of the highest order."
True
In Fox II, the Supreme Court ruled that a broadcasting network needs fair notice to be found indecent.
True
In Murphy v. Florida, Justice Marshall said jurors don't need to be 'totally ignorant of the facts and issues of a case.
True
In Near v. Minnesota, the Court struck down an injunction that created an unconstitutional prior restraint against a public figure.
True
In Nebraska Press Association v. Stuart, the Supreme Court said that prior restraint on publication to protect the right to a fair trial are ordinarily unconstitutional
True
In New York Times v. Sullivan, the court ruled that defamatory statements made against public officials must be made with actual malice
True
In Patton v. Yount, the Court found that at the second trial a time-lapse dispelled any presumption of partiality or prejudice.
True
In Red Lion Broadcasting Co. v. FCC, the Supreme Court described the electromagnetic spectrum as a scarce resource that requires a system of government allocation.
True
In Reno v. ACLU, the Supreme Court ruled that, unlike licensed media such as broadcasting, the Internet received full First Amendment protection.
True
In Richmond Newspapers v. Virginia, a plurality opinion occurred which is when less than five judges agree on one of the draft opinions.
True
In Sheppard v. Maxwell, upon reversing the original verdict on grounds that there was jury bias due to pretrial publicity, the Court stated that the judge should have reprimanded the newspapers for inaccurate reporting.
True
In Smith v. Daily Mail Publishing, the Court said that the government can punish a newspaper for lawfully obtained, truthful information, but only if it is narrowly tailored
True
In Sony Corp. of America v. Universal City Studios Inc., the court ruled that home recording for non-commercial use, but for the purpose of "time-shifting" is fair use and acceptable.
True
In Texas v. Johnson, the Supreme Court struck down a law punishing the desecration of the American flag because the law was aimed at the content of political messages
True
In U.S. v. O'Brien, the Court upheld a military draft law prohibiting men from destroying / mutilating their draft card because it was a content-neutral regulation.
True
In United States v. O'Brien, the Court ruled that prohibiting the destruction of military draft cards is a content-neutral restriction and therefore constitutional.
True
In United States v. O'Brien, the court said the draft card law was content-neutral because it was adopted not to punish dissent but to allow the government to raise armies quickly and efficiently by requiring eligible men to carry classification certificates.
True
In Zurcher v. Stanford Daily, the US Supreme Court decided that the First Amendment does not protect communicators from authorized searches for criminal evidence, even when they are not suspected of any criminal activity
True
In a defamation case, a private figure doesn't have to prove actual malice, only negligence
True
In order to be copyrightable, a compilation of materials must have been arranged in a new, creative way so that it produces an original work.
True
In order to prove that someone has infringed upon your copyright, you must prove that you own the copyright and that your work is original.
True
In order to require journalists to reveal their sources, the government must prove that there is probable cause to believe that a reporter has information "clearly relevant" to a specific law violation, evidence that the information cannot be obtained by alternative means, and "a compelling overriding interest in the information."
True
In order to save time and money, summary judgement can be awarded to defendants if judges conclude before trial that the plaintiff will not be able to prove their case.
True
In order to sue for defamation, most states require plaintiffs to prove that the statement was defamatory, it involved a statement of fact and was published.
True
In the 1978 case of FCC v. Pacifica Foundation, the court ruled that the FCC can regulate the times of indecent programs.
True
In the Hutchinson case, the judge granted time for discovery after receiving Senator Proximire's motion for summary judgement
True
In the Near v. Minnesota case, the court struck down a state nuisance statute that permitted an injunction to halt "malicious, scandalous or defamatory publications"
True
In the Pentagon Papers case, the newspapers ultimately won because the Supreme Court said that even in the case of national security, there cannot be a prior restraint.
True
Informational privacy refers to the control over collection, use, and disclosure of personal information.
True
Internet service providers are shielded from liability for cyberbullying.
True
John Stuart Mill and Thomas Emerson both supported the freedom of press as it is a way for people to be exposed to new ideas and use their own judgement to discern what they will believe.
True
Josh Wolf spent a record amount of days in jail for failing to provide the court with a protest in which a police officer was injured.
True
Juvenile court proceedings, traditionally closed, are sometimes open to the public.
True
Libel is typically punished harder in common law than slander
True
Lie detector results, previous criminal records, and a person's lifestyle (unless relevant) are not allowed into evidence.
True
Many reporters are willing to go to jail or pay fines rather than obey court order requiring them to reveal the names of their sources.
True
Many states, including Georgia, have shield laws that recognize qualified privilege for journalists.
True
Misappropriation is the unauthorized taking of the benefit of someone else's investment of time, effort, and money
True
More limited restrictions are found to be constitutional under the time, place, and manner test.
True
Most libel cases in the United States are civil suits
True
Most of the 38 states with shield laws allow protection for those connected to newspapers, radio, and television.
True
Most states are "one party consent states" meaning if one party knows the conversation is being recorded it's ok
True
Most states require that defendants claiming intrusion be able to prove that there was a reasonable expectation of seclusion
True
Natural law encompasses the fundamental rights people are born with (life, liberty and property).
True
Near v. Minnesota established that the First Amendment generally protects the press from any prior restraints.
True
New York Times v. Sullivan was the first case that the First Amendment protected false statements of an official's reputation. -
True
New York Times v. United States regarded that prior restraints are impermissible
True
Obscenity cannot be regulated because it is not protected by the First Amendment.
True
Obscenity is legally defined as a narrow class of "hard-core" pornography that is so offensive and lacking in social value that it is denied First Amendment protection.
True
Official court records have been open for inspection and copying by the public and the press under common law
True
Once a judgement has been recorded in a case, either party can appeal. The person who appeals is known as the petitioner, the person fighting the appeal is the respondent.
True
Once people are cast in the public eye and are considered newsworthy, they will remain so.
True
Once people are newsworthy, they may remain newsworthy
True
Once someone is a public figure, they never become a private figure.
True
One argument against use of cameras is that the presence of them might chill witness testimony
True
One of the factors that sets broadcasting apart is children have easy access to it in their homes
True
Pantomimes can be copyrighted
True
Patents provide inventors with up to 20 years of exclusive rights to commercial exploit the machines, processes, manufactured products, and designs they create.
True
Pearson v. Dodd helped establish that journalists would not be held liable if they receive the fruits of someone else's trespass.
True
Protection of our right to free speech comes from constitutional law, meaning that it is maintained throughout the country and prevents the government from limiting our rights
True
SEC Guidelines require that subpoenas be used against news media in cases where information is essential and all alternative means have been exhausted.
True
SLAPP Suits, or Strategic Lawsuits Against Public Participation, are private lawsuits filed to chill political expression.
True
Search warrants are considered more threatening to confidentiality than a subpoena.
True
Search warrants are more threatening to a journalist than a subpoena, since there is no opportunity to prepare a response and no opportunity for a court challenge
True
Second Circuit and Ninth Circuit are two of the most important circuits for communication law due to their locations.
True
Sequestration is the "locking up" of the jury during a trial.
True
Social media users have no privacy claim because they are willingly disseminating personal information
True
Speiser v. Randall established that the government holds the burden of proof.
True
State shield laws can be broken if the information is highly relevant, of compelling state interest, and cannot be obtained in an alternative way
True
Supporters of journalist protection claim that requiring journalists to turn in all of their work and reveal their sources could cause a chilling effect in regards to talking to the press and would essentially make journalists the long arm of the government.
True
The Collateral Bar Rule states that you can be held in contempt even if original judicial order is later found to be unconstitutional.
True
The Constitution does not provide civil litigants with the same power to require testimony on their own behalf as it does for criminal defendants.
True
The Daily Mail Principle established if a newspaper lawfully obtains truthful information about a matter of public significance then the state officials cannot constitutionally punish the publication of the information, absent a need to further state interest of the highest order.
True
The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) develop rules and decisions that ultimately become administrative law.
True
The Federal Communications Commission (FCC) regulates radio, television, cable, satellite, and telephone and was the agency responsible for fineing Janet Jackson and Justin Timberlake for indecent exposure during their Super Bowl performance in 2004.
True
The Fourteenth Amendment protects citizens and media from "state action" abridging free speech.
True
The Miller test judges the social value of obscene content to decide whether or not the content is protected
True
The Myron Farber case set the precedent for shield laws in the United States
True
The Supreme Court came up with the Miller Test in order to properly find out whether something was to be considered obscene or not
True
The Supreme Court denied the unfair trial claim in Skilling v United States because they believe Houston has a large enough population to contain an unbiased jury.
True
The Supreme Court has held that the First Amendment protects expression by high school students if it does not disrupt school functions, is not obscene, and does not violate the rights of other students as decided in the 1969 Tinker v. Des Moines Independent Community School District case.
True
The Supreme Court has held unanimously that the First Amendment protects the right of grand jury witnesses to publish their own testimony once the term of a grand jury ends.
True
The Supreme Court has held unanimously that the selection of the jury and the trial itself must be open to the public.
True
The Supreme Court has ruled that although discriminatory taxes on the media are unconstitutional, it is constitutional to place a general business tax on one medium while exempting another.
True
The Supreme Court has ruled that judicial candidates have a constitutional right to express their views when campaigning for office.
True
The Supreme Court originally ruled that the press and public do not have a constitutional right to attend pretrial hearings, and then later reversed the decision.
True
The Supreme Court regards obscenity as unworthy of constitutional protection because obscene depictions do not contribute to the exposition of ideas.
True
The Supreme Court ruled in Stanley v. Georgia that a First Amendment-based right of privacy protected citizens who merely possessed sexual materials in the home.
True
The Supreme Court ruled that the regulation of broadcast airwaves is justifiable because of the physical limitations of the electromagnetic spectrum. Thus, broadcast licensees are required to serve the public interest in ways that print media is not.
True
The Supreme Court ultimately stressed in the case of Sheppard v. Maxwell that judges must ensure a dignified atmosphere in the court, including control over the behavior of journalists.
True
The U.S. Supreme Court has held unanimously that the First Amendment protects the right of grand jury witnesses to publish their own testimony once the term of a grand jury ends.
True
The Video Voyeurism Act of 2004 made it unlawful to take pictures or videos of naked or half-naked people without consent in a setting where they assume they have a reasonable expectation of privacy.
True
The aspects of strict scrutiny ensure that a regulation is narrowly drawn and justified by a compelling government interest.
True
The case of Brandenburg vs. Ohio (1969) established that the government may not punish advocacy of illegality unless it is intended to incite or produce lawless imminent action and is likely to do so
True
The clear-and-present-danger test sets a standard for punishing speech that presents an immediate danger of unlawful action.
True
The company that employs the free-lancer is the one who owns the copyright after the product is finished
True
The copyright owner has the right to control when and if photographs are placed on exhibit, projected on a screen in a public place, or made available to the public browsing the Internet.
True
The court has ruled that a determination of obscenity should not be made on the basis of only a few isolated passages or pictures, it should also lack social value when viewed as a whole.
True
The current Supreme Court is more conservative that it was in the 1960's
True
The degree of governmental control depends on the degree of public forum. The three kinds of forums are: traditional, dedicated, and non-public.
True
The effect of copying on the plaintiff's commercial market is the most important factor for determining fair use.
True
The first high profile case involving reporter's privilege, the Myron Farber case, resulted with Farber and the NY Times held in contempt with jail time and fines.
True
The judicial requirement that a restriction on protected contents must be justified by a compelling government interest is called strict scrutiny.
True
The media wins most of the libel cases brought against them.
True
The most common false light claim against the media is for the distortion resulting when a broadcaster or publisher omits information or uses it out of context.
True
The plaintiff is the person who files a libel complaint
True
The president's greatest influence on communication law is the power to nominate judges to federal courts
True
The president's power to appointing regulators, issue executive orders and proclamations, and forge executive agreements with foreign countries is derived from Article II
True
The reputation of a business also can be damaged by false allegations that it is financially unstable.
True
The right to privacy, or the right to be let alone by the government, is recognized in the Fourth Amendment to the Constitution which prohibits unreasonable government searches of citizens' home and papers
True
The sources of United States law are the constitution, statutes, administrative agencies, executive orders, common law and equity.
True
The three-part Miller test is used to determine if materials are obscene.
True
There cannot be taxes directed specifically at the press
True
To make fair use of a copyrighted work, it is not necessary to ask permission or pay of a royalty.
True
Trespassing is a close cousin to intrusion.
True
Two common arguments for restricting obscene speech are that it is without social value and is not actually speech
True
Unannounced recording protects journalists against false charges that a source was misquoted.
True
Under administrative law, the Federal Communications Commission (FCC) regulates broadcast, cable, satellite, and telephone industries.
True
Unless made with actual malice, defamatory and erroneous statements are protected by the first amendment, when they relate to official conduct of any public official.
True
Unless the government has a compelling interest, it has no power to restrict expression because of its message, its ideas, its subject matter, or its content.
True
Variable obscenity is the allowance of prohibition of materials that are obscene to children but not to adults
True
Waivers, publication, and forum of the publication determine confidentiality requirements. True
True
When a court is trying to decide whether a trademark has been infringed, one area they look at is the strength of distinctiveness.
True
When regulating non-obscene sexual expression, it is important that the regulation be narrowly tailored and leave open other alternative spaces for speech.
True
Zucher v. Standford Daily resulted in the creation of The Privacy Protection Act, a federal law that restricts the use of warrants to search and seize information in the possession of public communicators.
True
Child porn can be found under the same umbrella as obscenity
False
Compensatory damages include special damages and actual damages.
True
Cartwirght v. Garrison defined the rule that actual malice must be proved to order to win libel suits.
False
A change in venire involves a shift in location of a trial.
False
A citizen cannot challenge a law that restricts expression for vagueness and overbreadth unless the plaintiff is a victim of the law. -
False
A civil case begins when the person suing, called the defendant, files a legal complaint against the person being sued, the plaintiff.
False
A copyright expires with the death of the copyright holder
False
A derivative work is a gathering of pre-existing works that may already be copyrighted
False
A grand jury is the jury in Supreme Court cases
False
A judge can prevent the press from publishing information presented in court.
False
A judge may not stop lawyers and witnesses from talking to the press as it violates their First Amendment right to freedom of speech.
False
A newspaper may publish any information they receive through the process of discovery
False
A professor at a private institution is held to the same standard as a professor at a public institution in regards to respecting students' First Amendment right to freedom of speech
False
A student wouldn't have to testify against their teacher because there is a teacher/student testimonial privilege.
False
According to the Supreme Court's decision in FCC v. Pacifica Foundation, the FCC's power to punish a broadcaster for airing indecent content is justified by the physical limitations of the electromagnetic spectrum.
False
Administrative law is the supreme source of law in the United States
False
All cases involving false light involve defamation
False
All defamation plaintiffs must prove actual malice.
False
All states require publication in order to claim shield law protection.
False
Although obscenity is not considered to be protected on the First Amendment dartboard, it still contains some social value.
False
An example of a suggestive trademark is Starbucks
False
Appellate Courts handle nearly every kind of civil/criminal case
False
Arbitrary trademarks are the strongest type of trademark.
False
Authors, freelance bloggers and writers, and academic researchers are all currently protected by shield laws.
False
Banning wearing pink in the Tate Student Center would be considered a content-neutral regulation
False
Both content neutral and content based regulations are legally protected by the constitution.
False
Broadcast defamation is not considered equal in weight or treated the same as print due to the Restatement (Second) of Torts
False
Broadcast has the most amount of First Amendment protection, while print has the least
False
By 2018, it is estimated that almost off of the states will have shield laws
False
Cable and Broadcasting are considered to be the same when regulating these mediums for indecency and obscenity.
False
Cable operators have no constitutional right to transmit indecent material
False
Campbell v. Acuff-Rose Music is an example of news and comment exception.
False
90% of criminal cases never reach the trial stage because they are often resolved in pretrial hearings
True
A citizen can challenge a vague or overbroad law that restricts expression even if the plaintiff is not a victim of the law.
True
A company cannot own a television company and a newspaper in the same city
True
A concurring opinion is an opinion that agrees with the final outcome, but disagrees with how the court reached their decision.
True
A court document requiring a person to appear in court and testify at a given time and place is known as a subpoena.
True
A derivative work may also be copyrighted
True
A federal appeals court has ruled that the executive branch can favor some journalists over others with interviews and conversations.
True
A government or government agency may not sue for libel, although government officials may bring defamation suits.
True
A relative may be able to continue a libel suit filed by an individual who dies before the suit is concluded.
True
A ruling in a civil case is more likely to be based on common law than statutory law as judges often consider prior cases that are similar.
True
A student at Emory has less of a free speech right in the classroom than a student at the University of Georgia
True
According to the DOD Directive 5122.5, open and independent reporting should be the main means of coverage of military operations.
True
Almost all criminal law is statutory.
True
Although courts can restrict trial participants' contact with the media, they cannot restrict reporting on the proceedings of open court.
True
Although government employees have a right to speak as private citizens, their speech may be restricted in a number of ways.
True
Article 1, Section 8, gives Congress the power of copyright and patent law.
True
Banning yard signs promoting the baseball game on Thursday would be considered a content-based regulation, and therefore would be hard to get passed.
True
Because indecency is not prohibited in print media, it may not be proscribed on the internet
True
Because of the First Amendment a journalist could technically release the name of a victim of sexual assault, but for ethical reasons does not.
True
Before a defamation plaintiff can successfully claim libel at least 3 people must be involved: the person who said the libelous comment, the person who the libelous comment was made about, and the person who saw or heard the libelous comment.
True
Branzburg v Hayes is the only reporter's privilege case that the Supreme Court has reviewed.
True
Branzburg v. Hayes ruling rejected a privilege under the first amendment for the 3 reporters who refused to testify
True
Broadcast is different because, it's uniquely pervasive presence in the lives of all Americans, it invades the privacy of the home, it's uniquely accessible to children, and because of the scarcity of the broadcast airwaves
True
Broadcast licenses, in return for receiving one of a limited number of spectrum assignments available, may be required to serve the public interest in ways not required of the print media.
True
CBS v. FCC required that airtime is provided for federal candidates, but it did not state the same was necessary for newspapers
True
Citizens have a first amendment right to record official police conduct in public places.
True
Collateral bar rule states that a citation for contempt of court stands even if the citation is later found to be unconstitutional.
True
Common carriers, such as telephone companies, are not responsible for libelous messages because they are typically exercise no control over the information they transmit.
True
Common law is relied on only when a statute or constitutional provision is not applicable
True