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Comm Law (4024) VT Wintermester Midterm
Terms in this set (66)
The TRO is an example of which sources of law in the United States?
The prosecutor is correct in their argument
Ace Barrister argues to the judge that the prosecutor is incorrect; what case does he use to support his argument?
Gitlow vs. New York
Ace Barrister next argues that it is unconstitutional to ban the book; what case is best for him to cite in support of his argument?
Near vs. Minnesota
After hearing arguments but before issuing his ruling, the judge examines a body of cases to determine how other judges may have ruled on similar issues; what is this source of law called?
The charges against Dusty Covers for disseminating obscene material make this...
A criminal case
The charges against bookstore owner Dusty Covers for disseminating obscene material fall under which of the sources of law in the United States?
Which 3 of the following constitute the test the commonwealth's attorney must prove in order to show that Margo's book is obscene?
1. an average person applying contemporary community standards would find the work taken as a whole appeals to the prurient interest
2. the work depicts in a patently offensive way, sexual conduct specifically defined by state law
3. the work taken as a whole lacks serious literary, artistic, political or scientific value
In what case did the Supreme Court establish the 3-part test of obscenity referred to in the previous question?
Miller vs. California
Which of the following statements is true about the efforts of the government to prevent the sale of Margo's book?
The government has the burden of proof in this case and is likely to lose the case
Which of the following is likely to be the key element in determining the outcome of this case?
The work taken as a whole lakes serious literary, artistic, political or scientific value
Which two of the following constitute the test the judge will use to determine whether Ace Barrister is correct in his argument that the book burning constitutes expression?
1. Was there an intent to express a message?
2. is there a likelihood the message will be understood
In what case did the Supreme Court most clearly state the test referred to in the previous question?
Texas vs. Johnson
To what court will the appeal of the criminal convictions be made?
The Virginia Court of Appeals
In what case did the Supreme Court first enunciate the intermediate scrutiny test?
United States vs. O'Brien
Which two elements listen below constitute the strict scrutiny test?
1. The regulation advances a compelling government interest
2. the regulation is necessary and narrowly tailored
Which test is applied when a regulation is aimed at the time, place, or manner of communication rather than the content of the communication
Which two of the following are true about the case involving the regulation ensuring fire safety?
1. the intermediate scrutiny test should be applied
2. the conviction for violating the regulation will be affirmed
Which two of the following are true about the case involving the regulation designed to advance respect for the written word?
1. the strict scrutiny test should be applied
2. the conviction for violating the regulation will be reversed
If either conviction is affirmed and that case makes its way to the U.S. Supreme Court, which of the following cases is NOT likely to be used a precedent by one or both of the two sides?
Rosenberger vs. Rector & Visitors, UVA
Margo can get equal time on television stations under which of the following FCC protocols
She can get equal time under none of these rules
Which of the following FCC protocols relate(s) only to legally qualified candidates for public office
The equal opportunity rule
The statute that governs the FCC's broadcast license renewal process is
the Telecommunications Act of 1996
When Margo applies for WBBB-TV's broadcast license, the law requires the FCC to consider her application equally with the station's application for renewal
Which of the following is NOT a criterion that would prompt the FCC to refuse to renew the WBBB license
Financial inability to operate the station for at least 3 months without any additional income
Which of the following is NOT a criterion that will prevent Margo from receiving free time under Sec. 315 of the Communications Act
the Communications Act of 1934 has be supplanted by the Telecommunications Act of 1996 and NO LONGER applies
Which two of the following statements apply directly to the issues in the two copyright infringement cases filed by Margo Mounds
1. use of copyrighted material for purposes of news reporting is allowed under the law
2. copying too much of a work is likely to cause monetary loss to the copyright holder
Which copyright case or cases is Margo likely to win?
the case against WBVA radio
When Margo's competitor files a complaint for deceptive advertising, the agency with whom the complain will be filed is
The complaint is this case most likely will be based on
the claim that regular use of the product will enlarge breasts by two cup sizes
Which of the following is NOT part of the test that will be used to determine whether the advertising is deceptive
all 3 are part of the test (representation likely to mislead a reasonable person, representation is material to the sale of a product, representation is likely to cause harm)
The test an appellate court will apply to determine whether the state law prohibiting the advertising of sexually oriented products is constitutional was first enunciated in what case?
Central Hudson Gas & Electric Corp. vs. Public Service Commision
Which 3 of the following are part of the test an appellate court will apply to determine whether the state law prohibiting the advertising of sexually oriented products is constitutional
1. does the government assert a substantial interest in the regulation of the ad
2. does the regulation directly advance the government interest
3. is the regulation narrowly drawn so that it serves the governmental interest but does NOT inhibit protected expression unnecessarily
Which of the following is likely to be upheld
the complaint that the advertising is deceptive
A judge is likely to throw out the charges against WBBB-TV for the photographs posted on the station's website because the U.S. Supreme Court has held that indecent material may be posted legally on the internet
The Supreme Court opinion that controls the outcome of indecency charges filed against WBBB-TV came in what case?
Reno vs. ACLU
The Supreme Court has held that the First Amendment applies to the states through...
the 14th Amendment
If the name of a case is Smith vs. Virginia, which of the following is probably NOT true
the court in which the case is now pending is the Virginia Supreme Court
Law of equity
provides for preventative measures
consists of rules and regulations promulgated by duly established federal agencies
law passed by legislative bodies
Which two of the following are protected by the First Amendment
Prior restraint, or censorship, always involves government action
Nebraska Press Association v. Stuart (1976)
prior restraint involved a criminal trial (gag orders)
Near vs. Minnesota (1931)
prior restraint involved a magazine titled "The Saturday Press"
New York Times v. US
Prior restraint involved the publication of information based on a top secret government report (Pentagon Papers)
Rosenberger v. Rector & Visitors, UVA(1995)
prior restraint involved refusal to fund a publication
Which of the following did the government win?
United States vs. American Library Association
Upon which model is the regulation of the broadcast media based on
the trusteeship model
copyright attaches to a work
as soon as the work takes some tangible form
the style of work
the FCC has the authority to issue licenses for broadcast stations based on
both the number of media entities an applicant owns & the diversity of media ownership in the broadcast area
to whom is a broadcaster NOT required to sell political advertising
the first legally qualified candidate for state or local office who wants to buy advertising
the FCC requires a cable operator to
receive a franchise form the political subdivision in which the operator will provide cable service
The Supreme Court did NOT take advantage of an opportunity to alter the way indecency is regulated over the airwaves in which case?
FCC vs. Fox Television Stations
FCC vs. Pacifica Foundation (1978)
indecent broadcast programming may be channeled to specific times because the broadcast media are intrusive
Virginia Pharmacy Board v. Virginia Consumer Council
commercial speech is protected by the First Amendment
Nike vs. Kasky
it is sometimes difficult to determine whether speech is purely commercial or is primarily about matters of public concern
Harper & Row v. Nation
publication of a portion of Gerald Ford's memoirs by a magazine constituted copyright infringement
Ashcroft v. Free Speech Coalition
virtual child pornography IS PROTECTED by the First Amendment
Central Hudson Gas & Electric Corp. v. Public Service Commission of New York
commercial speech can be regulated through a test of intermediate scrutiny
which of the following terms is NOT related to the work or opinions of the Supreme Court
the FIRST CASE in which the Supreme Court held that obscene material is NOT protected by the First Amendment
Roth vs. United States
it is this case in which the Supreme Court enunciated the test, still used by the courts, to determine with sexually explicit material is obscene
Miller vs. California
which of the following is NOT part of the test, referred to in the previous question, to determine when sexually explicit material is obscene
the material is without redeeming social value
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