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20. Discuss briefly whether American courts consider it possible for a well-known person to pass his or her right of publicity on to an heir. 21. What are the circumstances in which written consent may not suffice as a defense in an appropriation case? .
1. One reason for the growth in right to publicity lawsuits is A. the U.S. Supreme Court ruling in Hilton v. News Corp. B. the Warren and Brandeis Harvard Law Review article entitled "The Right to Publicity." C. the tremendous growth of the cult of celebrity in the United States. D. all of the.
15. Places like prisons, military bases and utility poles typically are treated by courts to be designated public forums. 16. In 2008, the U.S. Supreme Court in Davis v. Federal Elections Commission struck down as unconstitutional a portion of the BCRA known as the __________ Amendment. 17. The speech at issue in.
11. The Brandenburg test for incitement is also commonly used in A. libel cases. B. invasion of privacy cases that involve the intrusion tort. C. obscenity cases. D. wrongful death actions aimed at the mass media. 12. The case of United States v. Bell involved a prior restraint on A. national security secrets. B. fraudulent tax advice. C..
1. In 2011, the U.S. Supreme Court in Brown v. Entertainment Merchants Association A. upheld a law that allowed the censorship of sexually explicit movies. B. struck down a law that allowed the censorship of sexually explicit movies. C. upheld a law that restricted minors' access to violent video games. D. struck down a.
1. Under the statute of limitation libel rules, the date of publication (when the time limit begins) for a newspaper is A. the date of publication that appears on the newspaper. B. the date of the most recent sale of a copy of the newspaper. C. the date the libelous story was written.
6. A person who is libel proof will have difficulty winning a libel suit because A. of the fault rule. B. there is insufficient identification. C. he or she resides outside the court's jurisdiction. D. his or her reputation was seriously damaged even before the publication of the libel. 7. With the growth of the.
6. If a parent or relative sues for invasion of privacy because of stories about the death of a family member A. Courts always reject such suits. B. Courts always allow such suits. C. Courts usually reject such suits, but a few courts have allowed such suits. D. Courts only in California allow such.
6. In 2010, the U.S. Supreme Court in Citizens United v. Federal Elections Commission A. upheld a law restricting the speech rights of candidates for President. B. upheld a law restricting spending by corporations on political advertising. C. declared unconstitutional a law restricting the speech rights of candidates for President. D. declared unconstitutional a.
1. The common law is A. a deductive system of law where the rules are expounded first and then the court decides the legal situation under the existing rules. B. an inductive system of law in which a legal rule is arrived at after consideration of a great many specific instances or.
6. Records of which of the following are not subject to the federal Freedom of Information Act? A. The U.S. Congress B. The U.S. Supreme Court C. Both the U.S. Congress and the U.S. Supreme Court D. The Federal Communications Commission 7. The decision by the U.S. Supreme Court in 2004 in National Archives and.
6. The Congress has the authority to abolish every federal court in the land, except for the U.S. Supreme Court, because A. the Congress is the supreme government institution because it represents the people. B. the Congress controls the federal budget, including the budget for the courts. C. the Constitution specifically calls for.
6. The criteria in the Ollman test for libelous opinion includes A. the provability of the statement, the context of the remarks, and the ordinary meaning of the words. B. the provability of the statement, the context of the remarks, and the status of the speaker. C. the context of the remarks, the.
16. Juries sit in appellate court proceedings. 17. A justice who writes a __________ opinion may agree with the outcome and result reached by the majority opinion but may do so for different reasons or may write separately to emphasize a specific point not addressed in the majority opinion. 18. Common law.
16. What must a plaintiff, who is suing for the publication of private facts, prove to the court to win his or her suit? 17. Most persons think of the publication of private facts about a person when they think of the right to privacy, yet this variety of the tort.
11. The U.S. Supreme Court today typically agrees to hear A. fewer than 100 cases each year. B. between 100 to 150 cases each year. C. between 150 to 250 cases each year. D. more than 250 cases each year. 12. A trial held before a judge and without a jury is known as A. a.
11. In ACLU of Florida v. Miami-Dade County School Board, a federal appellate court in 2009 held that the school board violated the First Amendment when it removed from school libraries particular books about Cuba. 12. The Leonard Law applies only in California. 13. In 2008, the Supreme Court of South Dakota.
11. Journalists who trespass are subject to: A. civil liability B. criminal prosecution C. both civil liability and criminal prosecution D. neither civil liability nor criminal prosecution 12. Since taking office in January 2009, President Barack Obama A. vowed to make government transparency and access to government records a priority. B. eliminated the problems with FOIA that.
16. One of the numbered exemptions to the federal Freedom of Information Act exempts from disclosure agency records that reveal trade secrets. 17. The U.S. Supreme Court ruled in 2011 in FCC v. ATT, Inc. that FOIA Exemption 7 (c) applies to corporate entities. 18. The case of Wilson v. Layne illustrates.
20. Explain what the concept of "narrowing construction" means and the circumstances under which courts might use it. 21. List the four different options that courts have when offered a case as precedent by an attorney for one of the parties in a lawsuit. 22. List three typical forms of judicial decrees.
24. As listed and described in the textbook, set forth the four key rules that are important to understand when the government engages in a prior restraint on speech. 25. Explain what is meant by Absolutist Theory. .
1. Which of the following was not a reason the Supreme Court used to justify its ruling against L.B. Sullivan in his libel suit against The New York Times? A. Sullivan had not been identified in the advertisement. B. The Times circulated only a few copies in Alabama. C. Sullivan could not show.
11. A plaintiff must prove either knowledge of falsity or reckless disregard for the truth to show malice. 12. An individual can be regarded as an all-purpose public figure if he or she is well known nationally, or well known exclusively in the geographic area (such a state or city) in.
23. Describe what the acronym NTIA stands for and explain what NTIA does. 24. Set forth the three things that a viewer or listener must include in a properly filed complaint alleging that a broadcast was indecent. 25. Identify the four types of TV or radio appearances by a candidate for political.
6. The Booth rule is applicable in which of the four varieties of invasion of privacy? A. appropriation B. intrusion C. private facts D. false light 7. In privacy law, the doctrine of incidental use means A. a person whose image appears in a news story about a public incident cannot sue for invasion of privacy. B..
16. Lower courts have consistently ruled that persons married to or closely associated with public persons are also public persons for the purposes of libel action. 17. In libel law, a public controversy is defined as a controversy in which the resolution of the issues will affect a larger group of.
23. In addition to naming the parties in a case, identify three things that a complaint filed in a civil law case will include. 24. What is the legal test or rule for determining when a statute will be declared void for vagueness? 25. A court will generally overrule precedent only when.
21. In December 2010, President Obama signed into law the CALM Act, a clever acronym that stands for _____________________________. 22. Describe any four (4) of the conditions that the FCC imposed in 2011 on Comcast when the FCC approved that same year a 51 percent ownership stake by Comcast in NBC.
6. The 2009 appellate court ruling in Plame Wilson v. Central Intelligence Agency best illustrates the point that A. government employees who sign secrecy agreements may be subject to prior restraints. B. community censorship of the speech of government employees is unconstitutional. C. jury nullification is a key problem in cases involving the.
21. What are the criteria for a limited-purpose public figure? 22. Distinguish between negligence and actual malice. .
16. The cost of defending against a libel suit is as much of a problem for the press as multi-million dollar judgments. 17. It is impossible for an individual to sue for libel based on material contained in a TV drama or a novel because these are obviously fiction. 18. It is.
1. To win a lawsuit for the publication of private facts, the plaintiff must show that A. the facts were private. B. the revelations would offend a reasonable person. C. the public would not have a legitimate interest in the facts. D. all of the above. 2. When comparing the law of privacy and journalism.
21. How does the Ollman test differ from the Milkovich test as a means of distinguishing fact from opinion? 22. Right of reply and consent are regarded as secondary libel defenses. What does this mean? .
21. Libel law has existed for several centuries. Why is it a more serious problem for the mass media in the 21st century? 22. The plaintiff carries the initial burden of proof in a libel action. What five elements must the plaintiff prove to meet this burden? .
24. Identify the four factors articulated by a federal judge in 2009 for determining whether a government agency as sufficient "control" over a document to render it an "agency record" for purposes of the federal Freedom of Information Act. 25. In general, explain how the courts have responded to the argument.
19. Set forth completely and accurately the rule created by the United States Supreme Court for determining when public school administrators may permissibly censor speech that appears in a school-sponsored newspaper. 20. In 2009, what was the policy change at Dover Air Force Base that was described in the textbook? 21. According.
16. In 2010, the U.S. Supreme Court in United States v. Stevens refused to create a new category of unprotected speech for videos depicting images of animal cruelty. 17. The firing of Don Imus for his "nappy-headed hos" is an example of censorship by the Federal Communications Commission. 18. The First Amendment.
16. Persons who send e-mail messages and participate in chat rooms on the Internet do not have a reasonable expectation of privacy under the law. 17. The use of the likeness of a celebrity on a shirt, trading cards or other such items is always regarded as an appropriation. 18. The defense.
11. While celebrities can stop the use of their names or likenesses in commercial vehicles like ads or films, they can't protect the use of their voice in such vehicles. 12. The use of a name or likeness in any publication sold to a reader for a profit is considered an.
6. A reporter who deliberately alters a direct quote from a news source may be guilty of actual malice if A. the alteration results in a material change in the meaning of the statement. B. the altered material turns out to be false. C. the alteration puts the quoted individual in a bad.
1. The 2010 appellate court ruling in Boring v. Google, Inc. involved a modern-day twist on A. the law related to access to state records. B. the law related to access to federal records. C. trespass. D. harassment. 2. The U.S. Supreme Court's 2011 ruling in Milner v. Department of the Navy gave A. a narrow.
22. Identify three things that the Clery Act requires of all colleges and universities that participate in federal student-aide programs. 23. As discussed in the textbook, what is a major problem that occurs each year on college campuses across the country affecting student newspapers that only a few states have laws.
21. The Office of ___________________ was created as part of the Open Government Act of 2007 to serve as an ombudsperson and to mediate FOIA disputes as a nonexclusive alternative to litigation. 22. Explain the general principle about newsgathering that is illustrated by the case of Lawrence Matthews and his investigation.
11. In a private facts invasion of privacy case, courts will always consider how a story was reported, as well as what information was reported. 12. While most courts in libel actions have rejected the notion of the involuntary public figure, courts have generally recognized this concept in privacy cases. 13. While.
1. The idea that Internet Service Providers (ISPs) should treat all Internet traffic and content similarly is best reflected by the concept known as A. access reciprocity. B. online equality. C. non-discriminatory web proliferation. D. net neutrality. 2. In Flynt v. Rumsfeld, a federal appellate court concluded that A. there is a constitutional right for journalists.
11. A libelous comment may be answered with a libelous comment under the defense of right of reply. 12. A court trial is one government proceeding excluded from the application of qualified privilege. 13. The statute of limitations for libelous matter on the Internet begins the day the matter is first accessed.
21. Several decades prior to the community censorship involving the Dixie Chicks in 2003, country music stations refused to play the songs of another female country music performer. As described in the textbook, who was the performer and what were the songs in question about? 22. Set forth the four components.
11. A news vendor who sells a newspaper or magazine is just as responsible for a libelous charge as the publisher who originally made the charge, but is much harder to sue because of the scienter requirement. 12. A libelous statement is something that injures an individual's character but not his.
16. The Supreme Court has barred the award of punitive damages in libel suits. 17. To win special damages, a plaintiff must show specific monetary or economic loss. 18. If a plaintiff has consented to the publication of a defamatory statement, he or she cannot later sue for damages because of that.
1. Which of the following cannot sue for civil libel? A. Any living person who has been libeled. B. Any corporation that has been libeled. C. The estate of any dead person who has been libeled. D. Any corporate officer who has been libeled. 2. A newspaper reports that an individual is a sex offender.
