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Comm Law Final (Quiz Questions)
Terms in this set (210)
"Rules of conduct established and enforced by society" is Tom Shwartz's definition of
It is sometimes called "discovered law," and the rulings are based on precedent
Which of the 6 sources of law in the US is passed by legislative bodies?
It includes rules passed by the FCC and the FTC
How many amendments did the original bill of rights sent to the states by the First Congress contain?
The bill of rights that the First Congress molded into a set of amendments to send to the states was first proposed to Congress by
Which of the following is true about a criminal case?
the government must be a party in the suit
In which of the following cases did the U.S. Supreme Court hold that the First Amendment applies to the states?
Gitlow v. New York
THe only higher court is the U.S. Supreme court
U.S. Circuit Courts of Appeal
It's the term used to describe whether the Supreme Court decides whether to accept an appealed case
It's the term used to describe the questioning of jurors to determine whether they are unbiased
It's the term used to describe the area of authority (geography or area of the law) that a court holds
It is an opinion in which a justice agrees with the result of a case but not with the rationale for the finding of the court
opinion concurring in the judgement
According to Thomas Shwartz most justices on the Supreme Court are
Which of the following is not one of the significant values of free speech
it is the basis for a free marketplace economy
William Brennan, Oliver Wendell Holmes and Alexander Meiklejohn all advanced a theory of protection of expression known as
marketplace of ideas
According to Paul Kostyu & Kathleen Olson, not all persons have the same degree of freedom under the First Amendment
Which of the following does not implicate the First Amendment
Hollins college closing down the student newspaper because it was critical of the administration
Which court has more judges?
The Virginia Court of Appeals
Mayor Ira Crotchity sued the Boondocks Bungler for libel and won. The newspaper appealed the case. The name of the case on appeal will be
Boondocks Bungler v. Crotchity
The appeal by the Boondocks Bungler will be to
The Virginia Supreme Court
The Court that hears the appeal will
consider only whether the law has been properly applied
Which court is required to accept a case that has been appealed?
a. The Virginia Court of Appeals
b. The Virginia Supreme Court
c. The U.S. Supreme Court
*d. None of these is required to take a case
It is most likely to be protected under the First Amendment
conduct that may be determined to be "pure speech"
What are the 2 parts of the test the Supreme Court uses to determine whether conduct is, in fact, expressive
1. there is an intent to express a message
2. there is a likelihood the message will be understood
If a government regulation has as its purpose the suppression of expression, the regulation is only constitutional if it passes what test?
The intermediate scrutiny test was first enunciated by the Supreme Court in what case?
United States v. O'brien
The test that requires a regulation to advance a compelling government interest and also be necessary and narrowly tailored is the
strict scrutiny test
The conduct was "akin to pure speech"
Tinker v. Des Moines School District
Which case did not involve any kind of burning?
Tinker v. Des Moines School DIstrict
In which case did the Supreme Court find the objectionable conduct not to be protected by the First Amendment?
United States v. Obrien
WHich kind of speech is most likely to be protected?
a. true threat
*b. intimidating speech
c. fighting words
In which of the following cases did the U.S Supreme Court hold that fighting words are not protected by the First Amendment?
Chaplinsky v. New Hampshire
Virginia's abusive speech statute has been held to apply only to fighting words
As an "absolutist," he wrote that "no law means no law"
According to Steven Helle the traditional definition and the current definition of prior restraint are the same
Prior restraint is only a First Amendment issue if it is imposed by the government
Prior restraint is
unconstitutional unless there is a chance of "direct, immediate and irreparable" harm
Which of the following kinds of speech cannot be restrained under the First Amendment?
criticism of the government
Which of the following is not one of the jurisdictions for prior restraint?
a. the government should be trusted over individuals or the society as a whole
*b. It's easier to restrain objectionable speech than to punish such speech after it is expressed
c. free speech can be dangerous
d. Individuals should have no autonomy from the state
The blueprint for how the Supreme Court would approach prior restraint cases was expressed in
Nebraska Press association v. United States
Prior restraint was first held to be unconstitutional in
Near v. Minnesota
Identify 2 persons who were prosecuted for the publications they produced
1. James Franklin
2. John Peter Zenger
Identify 2 Supreme Court justices who were instrumental in the history of the clear and present danger test
1. Oliver Wendell Holmes
2. Louis Brandeis
It's not a prior restraint case
Abrams v. United States
He wrote that freedom of the press consists of no prior restraint but did not prevent post-publication punishment
The U.S. Supreme Court first found obscenity to lie outside the protection of the First Amendment in what case?
Roth v. United States
The test the Supreme Court uses to determine whether pornographic material is obscene was first enunciated in what case?
Miller v. California
Which of the following elements of the Supreme Court's obscenity test is based on national standards?
the serious value test
The Supreme Court has held that material that is not obscene may still be restricted
In what case did the Supreme Court hold that the Communications Decency Act is unconstitutional?
Reno v. ACLU
The Supreme Court's obscenity test does not apply to child pornography
the style of a work
Which of the following may not be copyrighted?
A work is copyrighted when
it is put into some tangible form
Which 2 of the following may be done without seeking permission from a copyright owner?
1. A high school production of Romeo and Juliet by William Shakespeare
2. Quoting a portion of John Grisham's newest novel in a book review of the novel published by a newspaper
Which of the following does a copyright owner not have a right to do?
a. reproduce the copyrighted work
b. prepare a derivative work based on the copyrighted work
c. distribute the copyrighted work
d. perform the copyrighted work publicly
*e. the copyright owner has the right to do all of these
In general, a copyright lasts for the life of the owner plus
Which of the following is generally considered the most important element of the fair use defense
effect of the use on the potential market of the original
Proof that the defendant in a copyright infringement case had access to the original work and that the copy was substantially similar to the original work is
circumstantial but sufficient proof of infringement
Which of the following was in no way related to the case of Harper & Row Publishers v. The Nation
In Harper & Row Publishers v. The Nation, the Supreme Court held that the use by THe Nation magazine was fair use
THe Supreme COurt would have likely held differently in Harper & Row v. The Nation had it not been for the fact that the manuscript was surreptitiously delivered to the editor of the Nation
In Campbell v. Acuff-Rose Music, the Supreme Court established an important test of fair use-the transformative test. A copy is transformative if it
transforms the original into something new
Which of the following is not true of a trademark?
a. it must be used to remain in effect
b. it may be a surname
c. it may not resemble any other trademark
d. it may be merely descriptive of the product it represents
*e. all of these are true of trademarks
Which of the following is not a valid trademark?
The combination of which two cases demonstrates the way the Supreme Court differentiates between the broadcast and print media
1. Red Lion Broadcasting v. FCC
2. Miami Herald Publishing Co. v. Tornillo
Which of the following has been discontinued by the FCC?
In some ways, the FCC's relationship over broadcasting can be described as that of prosecutor, jury and judge
Which of the following may be legally broadcast?
What is the most recent case in which the Supreme Court affirmed changes made by the FCC in the way indecency over the airwaves would be regulated
FCC v. Fox Television Stations
Which of the following may broadcasters do without permission from the FCC?
change programming formats
Which of the following does the FCC not license?
The first regulation of broadcasting by COngress was
The Wireless ship act
It's the first law that required broadcasters to operate in the public interest
The Radio Act of 1927
Which of the following was not part of the Supreme Court's ruling in FCC v. Pacifica FOundation?
the terms "obscenity" and "indecency" in the Communications Act are synonymous
Which of the following is not a requirement of the FCC for an applicant for a broadcast license
a. good character
b. U.S. citizenship
c. The technical expertise to operate the station
d. Financial Soundness
*e. all these are requirements for broadcast licenses
Under the Telecommunications Act of 1996, when a broadcast entity seeks renewal of its license, the renewal is considered equally with any new applications for the same license
A broadcast station's license must be renewed how often?
every eight years
Two of the following acts were actually amendments to a third act listed below. Indicate the one act that was not part of this evolution of broadcast regulation
*a. the Radio act of 1912
b. the Radio act of 1927
c. the COmmunications Act of 1934
d. The Radio act of 1927
Which of the following is not one of the reasons broadcast media are regulated more strictly than print media?
a. spectrum scarcity
b. the pervasiveness of broadcasting
c. The airwaves belong to the public
*d. broadcasting was the first medium that could reach a large number of people at the same time
If a republican who is running for sheriff buys advertising from WVTT radio, to whom must the radio station then sell advertising?
other republican candidates also seeking the nomination for sheriff
When republican candidate for sheriff buys advertising for WVTT radio, the station is required to notify other candidates to give them the opportunity to buy advertising as well
If the radio station helps the republican candidate produce his advertising sports, which of the following statements is true?
a. The station must also help the Democratic candidate produce advertising spots.
b. The station must sell the Democratic candidate at least as much advertising time as it sold the Republican candidate.
c. The station must sell advertising time to the Democratic candidate at the same rate as it sold time to the Republican candidate.
*d. All these statements are true.
Under the standard definition of "new communication technologies," the first so-called new technology was
Typically, the regulation of a new communication technology is
put in place after the technology has entered widespread use
Cable television was originated primarily
as a way to deliver local tv signals to homes unable to adequately receive those signals clearly over the air
Cable tv became a major medium by offering distant broadcast signals to its subscribers in
The rationale behind the decision of the FCC to regulate cable tv was based on
the need to protect broadcasters under the public interest standard
Which of the following are true?
The Supreme Court has held that cable operators engage in speech that is protected by the first amendment
Federal regulations in which of the following cases were upheld as constitutional by the Supreme Court?
United States v. American Library Association
Slamming is an illegal action taken by
In what case did the Supreme Court hold that portions of the Communication Decency Act were unconstitutional?
Reno v. ACLU
Copyright law does not apply to material posted on the internet
The Telecommunications Act insulates Internet service providers from being found liable if sued or defamation
"Virtual" child pornography may be indecent, but unless it is obscene, it may be prohibited on the Internet
Ashcroft v. Free Speech Coalition
In which case did the Supreme Court hold that journalists do not have a First Amendment right of access to prisons or to prisoners?
Saxbe v. Washington
In what case did the Supreme Court hold that ride-alongs by journalists with police officers can be considered invasions of privacy?
Wilson v. Layne
In which of the following venues are members of the press more likely to be granted access?
Accident and Crime Scenes
Virginia has a law that specifically allows journalists access to which of the following?
Accident and crime scenes
The death of whom prompted additional regulations on activities by paparazzi?
In some instances, the First Amendment grants journalists who are gathering news the right to violate state laws
Which of the following statements does not accurately represent a finding by the Supreme Court in Branzburg v. Hayes?
a. reporters have no constitutional rights that don't also belong to other citizens
b. reporters do not have a First Amendment right to keep their sources confidential
c. newsgathering is important to society and deserves some First Amendment Protection
d. Congress and the states have a right to grant a testimonial privilege to journalists through statutory law
*e. The Supreme Court said all these things in Branzburg
How many journalists were involved in confidential sources cases that became part of Branzburg v. Hayes
In Branzburg, Justice Stewart suggested a test that would allow journalists to keep sources confidential except in certain circumstances. The opinion in which Justice Stewart enunciated that test was
a dissenting opinion
A test very similar to the Stewart test was enunciated in Brown v. Commonwealth
Which statement is true?
Virginia has no shield law & there is no federal shield law
Brown v. Commonwealth began as the result of information about
a murder case
Brown v. Commonwealth was a criminal case, but in Virginia, the testimonial privilege has been extended to civil cases as well
Most states grant a testimonial privilege to journalists through
The Supreme Court has held that once a news organization promises not to publish the name of the source, the news organization can be held liable if it reneges on that promise
When law enforcement officers want information from a journalist, in the absence of extraordinary circumstances, they are required to seek the information through a subpoena rather than a search warrant because of what statute or statutes?
The Federal Privacy Protection act
Which of the following is not part of a criminal defendant's guaranteed fair trial rights under the constitution?
the right to a trial by a jury ignorant of any of the facts in the case
A key finding was that the judge must control what goes on in the courtroom and its surroundings
Sheppard v. Maxwell
A key finding was that the public has a First Amendment right to attend trials
Richmond Newspapers v. Virginia Tech
In what case did the Supreme Court address the issues of cameras in courtrooms?
Chandler v. Florida
Which of the following was not one of the Supreme Court's holdings in the case identified in the previous question?
There is a First Amendment right for media to photograph judicial proceedings
Which of the following is not one of the ways the conflict between the press and the right to a fair trial is manifested?
a. Pretrial publicity.
b. During-trial publicity.
c. The presence of journalists in the courtroom.
*d. All of these represent ways the conflict is manifested.
Which of the following is not one of the methods the Supreme Court has indicated judges can use to compensate for the effects of publicity?
close the trial to the press and public
Which two of the following methods the Supreme COurt has indicated judges can use to compensate for the effects of publicity are related to the pool from which jurors will be selected and, therefore, are related to each other?
change of venire & change of venue
Under most iterations of bench-press-bar guidelines on the release of information about trials, which of the following is information about a criminal defendant that may be released without danger to the defendant's fair trial rights?
The defendant's employment status
Under the rulings of the courts, which of the following is least likely to be closed to the public?
Which freedom of information act has more categories of records that are exempt from disclosure?
The Virginia FOIA
Which freedom of information act requires that requests for information to the custodian of records must be in writing?
The Federal FOIA
What scholar enunciated the proposition that the greater the stress on the stability of society, the greater the enforcement of restraints on expression and access.
Under the Virginia FOIA, which of the following is legal for public bodies?
Regulate where tv stations may place cameras for public meetings
Under the Virginia FOIA which of the following topics may be discussed in closed session?
Changes in laws or ordinances
Which of the following is not true about the Virginia FOIA?
A custodian of the records may not charge fees to copy documents for a requestor
The Virginia FOIA provides that a custodian of the records is not required to provide a record for
a person who is not a citizen of the commonwealth
The Virginia FOIA provides all of the following except
after the closed session, members of the public body must announce the results of any vote in closed session, but are not required to report how the individual members voted
It's the publication of defamation by written or printed words or by some other physical form.
It's defamatory communication by spoken words, gestures or by other transitory means
Most states consider defamatory radio and television broadcasts to be libel
Criminal libel is no longer recognized in the United States.
Defamation over the Internet is treated the same way as defamation by means of traditional media.
All false statements are defamatory
It's not defamatory in Virginia.
A charge that someone is a racist
For a statement to be defamatory, it must be prejudice the person in the eyes of
a substantial minority of the people who see it
Which of the following do most states not subscribe to?
the innocent construction rule
Which of the following would not constitute identification for purposes of a libel action?
a. Naming a person in a news story.
b. A photograph of a person.
c. A description of a person.
d. A caricature of a person.
*e. All of these could constitute identification.
Which of the following would not constitute publication for purposes of a libel action?
A disgruntled citizen sending a letter to the mayor criticizing him about his job performance
Which of the following is a plaintiff required to prove in order to win a libel action?
Which of the following is not a degree of fault in most states?
) In what case did the Supreme Court constitutionalize libel law.
New York Times Co. v. Sullivan
Which type of person is not required prove actual malice in all libel actions in all states?
A private person only seeking compensatory damages
New York Times Co. v. Sullivan began because of the publication of
Which of the following was not part of the rationale for the actual malice rule?
a. Seditious libel has been found unconstitutional in the courtroom of history.
b. Some false statements of fact are protected in order to protect robust public debate.
c. Public officials inject themselves into the public eye and have a greater opportunity to respond to criticism.
*d. All of these are part of the rationale for the actual malice rule.
Which case did not deal more with reckless disregard for the truth than knowledge of falsity?
New York Times Co. v. Sullivan
Which of the following was not a point made by the Court in New York Times Co. v. Sullivan?
Public figures are required to prove actual malice in libel actions
The Supreme Court has held that actual malice is a subjective, rather than an objective, standard. Which of the following is not related to actual malice being subjective?
The standard is based on ill will or hatred
Kyu Ho Youm wrote that it was the second-most important libel case ever decided - just after Times v. Sullivan.
Gertz v. Robert Welch Inc.
The prong of actual malice that is most likely to be determined by the conduct, rather than the state of mind, of the publisher is
reckless disregard for the truth
One definition is "purposeful avoidance of the truth."
reckless disregard for the truth
In which case did the Supreme Court overrule Rosenbloom v. Metromedia and hold that libel plaintiffs must prove at least negligence in order to win their cases.
Gertz v. Robert Welch Inc.
Which of the following definitions of negligence have most states adopted?
failure to act as a reasonably careful person would act under similar circumstances
It's not one of the cases decided as part of Gazette v. Harris.
Richmond Newspapers v. Lipscomb
The Virginia Supreme Court established negligence as the private-person fault standard in what case?
Gazette v. Harris
The Virginia Supreme Court defined negligence as failure to act as a reasonable journalist would act in similar circumstances.
Journalists in Virginia who fail to follow procedures established by their newspapers, particularly in the reporting of crime or judicial stories, are likely to be found negligent.
Which of the following is not one of the reasons the Supreme Court has said public officials and public figures are like?
All these are similarities between public officials and public figures
Which of the following types of public figures is most rare?
Involuntary public figures
A person is automatically a public figure if the person becomes newsworthy.
A person is automatically a public official if that person is elected to office.
A person who has thrust himself or herself into an ongoing public controversy in an attempt to influence the outcome of the controversy is a
limited purpose public figure
A person who has widespread fame or notoriety is a
public figure for all purposes
This libel plaintiff was not a public figure.
Mary Alice Firestone
Which of the following is not likely to be a public official.
A professor of communication at Virginia Tech
Which of the following is not likely to be a public figure.
The sheriff of Montgomery County
Copyright attaches to a work
as soon as the work takes some tangible form.
Which of the following is considered by the Copyright Office when determining whether to register a work?
a. The literary, artistic, political or social value of the work
b. Whether the work is indecent, obscene or profane
*c. Neither of these is considered.
d. Both of these are considered.
For copyright purposes, originality has two components. Which of the following is not one of those components?
Facts that are unique to the creator
If a work is a work for hire, the copyright for that work belongs to
the person or organization that commissioned the work
The current duration of copyright ownership was established by
the Copyright Term Extension Act of 1998
The current duration copyright ownership is
the life of the owner plus 70 years.
The test a court uses to determine whether the use of a portion of a copyrighted work is legal is called
the fair use doctrine
Which of the following is not part of the test (named in the previous question) for determining whether the use of a portion of a copyrighted work is legal?
Whether the owner of the copyright is an individual or a corporation
Copyright law applies to material
a. posted on the World Wide Web
b. broadcast over the airwaves
c. aired via cable television
d. b & c only
e. a & b only
*f. All of these
Which two of the following are not true about Harper & Row Publishers v. The Nation?
*a. The copyrighted material at issue was written by former president Ronald Reagan
*c. The Opinion of the Court was unanimous
Which of the following agencies is least likely to sue the user of its copyrighted material for infringement?
The Association for Education in Journalism and Mass Communication
A trademark is good for
as long as it is registered and used in commerce by the owner
In what case did the Supreme Court specifically hold that commercial speech falls under the protection of the First Amendment?
Virginia Pharmacy Board v. Virginia Citizens' Consumer Council
In what case did the Supreme Court refuse to determine whether the speech at issue was commercial or political?
Nike v. Kasky
In what case did the Supreme Court establish a four-part test to determine whether a regulation on commercial speech is constitutional?
Central Hudson Gas & Electric Corp. v. Public Service Commission
Which of the elements below is not part of the test referred to in the previous question?
Is the ad at which the regulation is aimed "purely commercial" or does it contain elements of political speech?
According to the Supreme Court, which of the following types of advertising may be banned?
Direct-mail solicitations by attorneys
Which of the following statements is true?
Most complaints related to deceptive advertising are settled by means of consent decrees.
Which two of following are not part of the test the FTC uses to determine whether an advertisement is deceptive?
*a. There is a representation, omission or practice that is disseminated across state lines.
*c. There is a representation, omission or practice that is known to be false.
The Supreme Court has held that corporations have speech rights.
The regulatory scheme for broadcasting is based upon which of the following models?
The trusteeship model
Which of the following is not one of the rationales upon which the model for broadcasting regulation is based?
These are all rationales for the regulation of broadcasting
In what case did the Supreme Court hold that radio is a unique medium because of its intrusive characteristics and, therefore, is subject to greater regulation?
FCC v. Pacifica
In what case did the Supreme Court rule that the personal attack rule was constitutional?
Red Lion Broadcasting v. FCC
Which two of the following statements are false?
*b. The Supreme Court has held that an FCC decision not to renew a broadcast license due to failure of a broadcaster to operate in the public interest constitutes unconstitutional prior restraint.
*c. When a radio or tv station seeks license renewal, the FCC considers the application equally alongside any new applicants for the same license.
Which of the following actions, standing alone, is not sufficient reason for the FCC to deny renewal of a broadcast license?
The station has refused to sell advertising to candidates for public office.
Which two of the following have been discontinued by the FCC?
*a. The fairness doctrine
*e. The personal attack rule
A broadcast station is required to sell advertising to
a. the first legally qualified candidate for local or state office.
b. the first legally qualified candidate for federal office.
c. any legally qualified candidate for public office if the station has sold advertising to another candidate for the same office.
e. a & b
*f. b & c
Which of the following types of media entity is not required to receive a license from the FCC in order to operate?
Which of the following types of media entity is not required to receive a franchise from a local government in order to operate?
a. Radio stations
b. Television stations
c. Cable stations
Which two of the following are true?
*b. The Supreme Court has ruled that cable operators are engaged in "speech" and, therefore, have First Amendment protection.
*c. The FCC initially refused to regulate cable television.
Which of the following is true?
*a. The Supreme Court has held must-carry rules to be constitutional.
Which law provided for more regulation of cable television?
The Cable Television Consumer Protection and Competition Act of 1992
The Communications Decency Act is part of
the Telecommunications Act.
The law that provides that Internet service providers are not publishers for the purpose of libel law and, therefore, cannot be sued for libel for material posted by others is
the Telecommunications Act.
Regulations against virtual child pornography are unconstitutional.
Ashcroft v. Free Speech Coalition
Portions of the Communications Decency Act are overbroad and, therefore, are unconstitutional.
Reno v. ACLU
The government may control access to the Internet by agencies that receive federal funding to support computer hardware.
U.S. v. American Library Association
The advertising of child pornography - either virtual or real - may be constitutionally banned.
U.S. v. Williams
The traditional rule of privacy law that "if it happens in public, it can't be private" is being challenged today primarily because of advances in
the Internet and social media.
In its rulings related to new communications technologies, the Supreme Court has treated the Internet as a medium most closely related to
Which two of the following cases are not representative of the Supreme Court principle that "each medium of expression may present its own problems" and, therefore, may be treated differently under the law?
a. Red Lion Broadcasting v. FCC
b. Pacifica Foundation v. FCC
*c. Nike v. Kasky
*d. Central Hudson Gas & Electric v. Public Service Commission
e. FCC v. Fox Television Stations
f. Reno v. ACLU
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