Upgrade to remove ads
Media Law Final - Questions
Terms in this set (52)
In Colorado, the highest court is called the CO Court of Appeals
Federal judges are appointed by the President and confirmed by the Senate for life terms
The term "judicial review" refers to a court's power to rule on the constitutionality of acts of the other branches of government
If a majority of the FCC commissioners vote against you, you can appeal their decision to the D.C. Circuit Court of Appeals
The US Supreme Court struck down Congress's attempts to regulate indecency on cable
Speech that advocates civil disobedience is unprotected by the First Amendment
Material published on the Internet is not protected by copyright law because it is in the public domain
There is a First Amendment right of access to both judicial proceedings and documents
There is a qualified First Amendment right of access to military bases, war zones or conflict areas
In Florida Star v. BJF, the SCOTUS ruled that a law punishing a media outlet from disclosing the name of a rape victim was unconstitutional and a state may not punish the publication of truthful information lawfully obtained unless necessary to further a state interest of the highest order
The FTC will provide an advertiser with advice about the legality of a proposed advertising campaign in an advisory opinion
The FTC requires advertisers to have a reasonable basis for objective claims they make in their ads and to be able to support their claims with scientific tests or other appropriate evidence
Simply omitting important info from an ad is not deception under the FTC definition because deception requires an express representation
In Time v. Hill, SCOTUS ruled that only public officials had to prove actual malice to win a false light invasion of privacy suit
In Hustler v. Falwell, SCOTUS ruled that in matters of public concern, all plaintiffs had to prove actual malice to win an intentional infliction of emotional distress suit
In Snyder v. Phelps, SCOTUS ruled that Snyder could not collect damages from Phelps because Phelps was speaking on matters of public concern
The term "publicity" in a false light suit does not mean the same thing as the term "publication" in a defamation suit
SCOTUS has never given a precise definition of what constitutes a matter of public concern
In Miami Herald Publishing Co. v. Tornillo, SCOTUS ruled Florida's Right of Reply statue was constitutional
In Red Lion Broadcasting v. FCC, SCOTUS ruled Section 315, the equal opportunities provision of the Federal Communications Act, was constitutional
In FCC v. Fox TV Stations (2012), SCOTUS ruled in favor of Fox TV holding the FCC fleeting expletive rule was vague and overbroad and thus a violation of the First Amendment
Obscene material is not allowed on broadcast TV, but is allowed on cable and the Internet
The only reason that SCOTUS has ever specifically articulated two why-over-the-air broadcast and radio are regulated differently from print media is spectrum scarcity
SCOTUS has made a distinction between "virtual child porn" which is protected by the First Amendment and "morphed child porn" which is unprotected by the First Amendment
Court created law is...
An established rule of law created by a previous court decision is...
A person who loses a lawsuit in the US District Court for the District of Colorado can appeal that court's decision to...
The US Court of Appeals for the 10th Circuit
In the federal court system, basic trial courts are called..
Which of the following is an accurate statement regarding Turner Broadcasting Co. v. FCC?
SCOTUS struck down the rule that cable companies must carry all local broadcast stations as an impermissible content regulation on cable
SCOTUS said cable TV receives a different level of First Amendment protection than broadcast TV
Which attempt by Congress to regulate online sexually explicit material has the US SCOTUS declared constitutional (that is, upheld)?
A law requiring libraries receiving federal funds to use filters to block material that is harmful to minors for underage users and obscenity for all users
Which is true?
The Child Online Protection Act (COPA) was eventually struck down because it was not the least restrictive means to advance the government's interest in protecting minors from offensive, indecent and obscene material
The process by which portions of the Bill of Rights have been applied to the states via the 14th Amendment is known as...
When no SCOTUS opinion in a case garners 5 votes, the opinion with the most support is called a ....
The town of Buildout, CO is controlled by real estate developers and the owners of construction companies. The town just passed an ordinance prohibiting communication opposing growth or containing an anti-development message. When the newspaper publisher of the Buildout News brings a challenge in court, the judge will subject the ordinance to...
Which of the following is not one of the factors a court must consider in determining if a use of copyrighted material is a fair use?
The quality of the original work
Which of the following is not a power that the FTC is authorized to use to halt or to punish a misleading or deceptive ad?
Under FTC guidelines, a "material" statement is one that...
Might influence a consumer's decision
Which of the following is true about constitutional protections for commercial speech?
Commercial speech is defined as speech that does no more than propose a commercial transaction
You are running for the Mayor of Denver and the election is in 10 days. While watching KUSA 9 (broadcast!), a local network affiliate (TV), you notice that the current Mayor is "hosting" part of a local telethon to raise money for cancer research. Calling your manager you say....
Quick! Call the station. We can use Section 315 to get air time!
Which is true about the FCC's recent changes to the "fleeting expletive" rule?
The FCC warned broadcasters that, depending on the context, it would consider f
ck and sh
t and words that are "grossly offensive" and to be "profane language"
The FCC said it would not fine movies like "Saving Private Ryan" or news broadcasts for the utterance of sh
t or f
The Second Circuit struck down the law as "arbitrary and capricious", a ruling SCOTUS later overruled
On remand, the Second Circuit struck down the law as unconstitutionally vague.
ALL of the above are TRUE!
Which of the following is true?
In New York Times v. Sullivan, SCOTUS ruled that public officials must prove actual malice in order to win a lawsuit for defamation
In Texas v. Johnson, SCOTUS ruled that flag burning is constitutionally protected speech
In Chaplinksy v. New Hampshire, SCOTUS ruled that fighting words are not protected by the First Amendment
In Bartnicki v. Vopper, SCOTUS ruled that you can't be prosecuted for using lawfully obtained info if you took no part in obtaining the info yourself
ALL of the above are true!
Which of the following is true about the FCC?
You must demonstrate that you are financially stable to get a broadcast license from the FCC
The FCC has 5 commissioners who are selected by the President and confirmed by the Senate
The FCC can limit the number of broadcast stations owned by a single corporation
The FCC will only grant a broadcast license to American citizens
ALL of the above are true!
In which case did the SCOTUS uphold the commercial speech regulation under consideration?
Valentine v. Chrestensen and Posadas v. Tourism Company of Puerto Rico
Which is not true?
In Fox TV v. FCC (2012), SCOTUS ruled that the FCC's new regulations regarding fleeting expletives and nudity was not a violation of the First Amendment
Denver passes an ordinance banning women from being topless. Several women appear topless downtown for a "Free the Nipple" campaign. Several women were arrested. The women claim this was a violation of their First Amendment rights....
On appeal, the appellate court would apply the O'Brien Test
The FOIA requires certain federal officials to grant interviews to members of the press
The Electronic Freedom of Info Act (EFOIA) requires federal agencies to make certain important records, like regulations and opinions, available online
The CO Sunshine Law applies to state governing bodies, but not to local governing bodies
The Littleton CO School Board holds its meetings in the school superindent's living room whenever the superindent decides a meeting is needed. No public notice is ever provided for the meetings, but anyone who shows up at her house at the right time and on the right day can attend. This procedure violates the CO Sunshine Law
The chairwoman for Denver Public Schools Board of Education, Alison Armstrong, would like the board to meet in private to discuss a lawsuit being brought against the board by the parent of a child who was bullied at a local elementary school. Under Colorado law....
A member of the board can call for an executive session meeting during a regular session meeting
Which agency is NOT covered by the Federal Freedom of Info Act (FOIA)?
U.S Supreme Court
Which of the following agencies is subject to the Federal Open Meetings Act?
U.S Department of Justice
You might also like...
Mass Media Law Final Exam
Mass Media Law (CO 4313) - FINAL EXAM - Spring 2018
Comm Law Final (MC)
Media Law Mid Term
Other sets by this creator
Media Law Final
Italian Capitulo 8 - Children
Italian Capitulo 7 - La attivita
Italian Capitulo 6