What is the Supreme Court doing when it issues a writ of certiorari?

It is ordering a lower court to rehear a case.

Which of the following statements about damages is true?

Special damages are specific items of monetary loss

The criteria of the Ollman test for libelous opinion include

the provability of the statement, the context the remarks and the ordinary

In defending a lawsuit based on statements of opinion, the defendant may win the case

all of the answers are correct.

Transformative use in a right of publicity case refers to

a use that is not a literal depiction of the plaintiff's likeness/ creative

The publication of the name of the victim of a rape is regarded as

permissible legally but debatable ethically.

A per curiam opinion is

an unsigned opinion from an appellate court.

The U.S. Supreme Court today typically agrees to hear

fewer than 100 cases each year.

A person who is libel-proof will have difficulty winning a libel suit because

reputation was seriously damaged even before the publication of the libel.

Which of the following is NOT an exclusive right recognized under copyright law?

all of the answers are correct.

Which of the following is an accurate statement about the right of publicity?

ll of the above are accurate statements about the right of publicity

Which of the following cannot sue for civil libel?

the estate of any dead person who has been libeled

The 2009 appellate court ruling in PlameWilson v. CentralIntelligenceAgency best illustrates the point that

government employees who sign secrecy agreements

Which statement about U.S. Courts of Appeals is correct?

There are 13 circuits of the U.S. Courts of Appeals.

The Congress has the authority to abolish every federal court in the land, except for the U.S. Supreme Court, because

the Constitution specifically calls for only one court, the Supreme Court.

The two areas of the law of privacy that currently seem most affected by the Internet are

public disclosure of private facts and intrusion.

convicted of performing an obscene comedy routine in Chicago.

The intrusion tort differs from privacy torts appropriation, public disclosure of private facts, and false light because

publication of information is not required to establish a legitimate cause

In 2021, the U.S. Supreme Court:

ruled in favor of a publischool student was punished for off-campus speech

A woman is filmed swimming in a backyard swimming pool in a revealing bikini. if she can sue, the court would consider

all of the answers are correct.

Under the third prong (i.e., part) of the current test used by the U.S. Supreme Court - speech

lacks serious literary, artistic, political, or scientific value.

In determining whether an individual is a limited-purpose public figure for purposes of a libel action, a court consider

all of the answers are correct.

A reporter who deliberately alters a direct quote from a news source may be guilty of actual malice if

the alteration results in a material change in the meaning of the statement

The First Amendment does not protect the

all of the answers are correct.

Variable obscenity laws

permit states ban the sale of certain kinds of erotic material to minors.

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Mass media Law

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Questions 98

Answers

1
Juries sit in appellate court proceedings.
False
True
2
What is the Supreme Court doing when it issues a writ of certiorari?
It is overturning a previous Supreme Court ruling.
It is agreeing to hear the appeal of a lower court ruling.
It is rejecting an appeal to rehear a case, noting that it is certain
It is ordering a lower court to rehear a case.
3
Which of the following statements about damages is true?
Punitive damages are designed to punish the defendant
Compensatory damages are designed to compensate the plaintiff for injuries.
Special damages are specific items of monetary loss
Actual damages designed to compensate for intangible injuries of reputation
4
Which of the following would be considered a public official?
personis appointed or hired to a government job who has a lot of visibility
All of the above.
A person who is elected to public office, even if the officehas littlepower
person appointed or hired to a government job if the job
5
State constitutions can give additional rights, apart from those provided by the U.S. Constitution.
True
False
6
The criteria of the Ollman test for libelous opinion include
the context of the remark
the provability of the statement, the context and the status the speaker.
all of the answers are correct.
the provability of the statement, the context the remarks and the ordinary
7
The primary goal of free speech in Meiklejohnian theory is
the voting of wise decisions.
protecting artistic expression.
discovery of the truth.
self-realization.
8
In defending a lawsuit based on statements of opinion, the defendant may win the case
by arguing that the statements are fair comment and criticism.
all of the answers are correct.
by arguing that the statements are protected by the First Amendment.
by arguing that the statements are rhetorical hyperbole.
9
Television shows that feature fictionalized versions of real individuals and events been the subjects of false light law
False
True
10
Which of the following can be copyrighted?
the chemical formula for Viagra
the product name "Viagra"
an ad for Viagra
all of the answers are correct.
11
Transformative use in a right of publicity case refers to
a use that takes a person who is a celebrity
he judicial transformation
a use that is not a literal depiction of the plaintiff's likeness/ creative
a use that transforms the plaintiff's
12
The publication of the name of the victim of a rape is regarded as
permissible legally but debatable ethically.
permissible ethically but legally wrong.
wrong both ethically and legally.
always permissible both ethically and legally.
13
All businesses are regarded as public figures for the purposes of a libel suit.
True
False
14
In a 2017 case, the U.S. Supreme Court struck down a North Carolina law Facebook or Twitter.
True
False
15
Which of the following can be trademarked?
the chemical formula for Viagra
an ad for Viagra
the product name "Viagra"
all of the answers are correct.
16
In McCullen v. Coakley, the U.S. Supreme Court struck down as unconstitutional a state law that made it a crime to stand
False
True
17
A person can be identified for the purposes of a libel suit even if isnt identified by name specifically in the story.
False
True
18
A per curiam opinion is
an unsigned opinion from an appellate court.
an opinion issued by an attorney general.
a written legal argument prepared by an attorney.
an opinion by a judge or justice who disagrees with the majority opinion.
19
The U.S. Supreme Court today typically agrees to hear
between 100 and 150 cases each year.
more than 250 cases each year.
fewer than 100 cases each year.
between 150 and 250 cases each year.
20
A person who is libel-proof will have difficulty winning a libel suit because
of the fault rule.
he or she resides outside the court's jurisdiction.
reputation was seriously damaged even before the publication of the libel.
there is insufficient identification.
21
Whether or not a reporter sought a comment from the subject of a libelous story be a factor in determining actual malic
False
True
22
Which of the following is NOT an exclusive right recognized under copyright law?
the right of preparation of derivative works
the right of public display of a work
all of the answers are correct.
the right of reproduction of a work
23
Which of the following is an accurate statement about the right of publicity?
t is based on an individual’s right to profit from his or her own identity.
ll of the above are accurate statements about the right of publicity
In some states, the right can be passed on to heirs.
The plaintiff in a right of publicity suit can claim monetary loss
24
The statute of limitations for libelous matter on the Internet begins the day the matter is first accessed by a user.
False
True
25
Which of the following cannot sue for civil libel?
the estate of any dead person who has been libeled
any corporation that has been libeled
any corporate officer who has been libeled
any living person who has been libeled
26
A statement is defamatory if it affects a person's reputation with even a single member of a community.
True
False
27
The first recorded obscenity prosecution in the United States occurred in
287
1997
1815
1860
28
The 2009 appellate court ruling in PlameWilson v. CentralIntelligenceAgency best illustrates the point that
access theory supports disclosure of Central Intelligence Agency documents.
government employees who sign secrecy agreements
jury nullification is a key problem in cases involving the Central
community censorship of speech of government employees is unconstitutional.
29
Individuals actions inadvertently or innocently push them into a public controversy arenever regarded as public figures.
False
True
30
Courts always regard the use of copyrighted material for educational purposes as a fair use.
False
True
31
In McCullen v. Coakley, the U.S. Supreme Court struck down as unconstitutional a state law that made it a crime
True
False
32
Which statement about U.S. Courts of Appeals is correct?
Each state has its own U.S. Court of Appeals.
There are 9 USCourts of Appeals, one for each justice on the Supreme Court.
There are four U.S. Courts of Appeals—one each for the Eastern, Western,
There are 13 circuits of the U.S. Courts of Appeals.
33
The Congress has the authority to abolish every federal court in the land, except for the U.S. Supreme Court, because
the Constitution specifically calls for only one court, the Supreme Court.
federal judges are appointed by the Congress.
Congress is the supreme government institution and it represents the people
Congress controls the federal budget, including the budget for the courts.
34
The First Amendment protects only against government censorship.
True
False
35
The spoken use of the “N” word always constitutes a fighting word.
False
True
36
The two areas of the law of privacy that currently seem most affected by the Internet are
appropriation and intrusion.
public disclosure of private facts and intrusion.
false light and private facts.
appropriation and public disclosure of private facts.
37
The defense of newsworthiness in a privacy lawsuit extends to stories about important governmental...not extend to
False
True
38
Lenny
convicted of showing an obscene movie in California.
acquitted on charges of exhibiting obscene paintings at a Cincinnati.
convicted of exhibiting obscene paintings at a Cincinnati museum.
convicted of performing an obscene comedy routine in Chicago.
39
The intrusion tort differs from privacy torts appropriation, public disclosure of private facts, and false light because
publication of information is not required to establish a legitimate cause
only celebrities or well-known individuals can successfully sue for intry
intrusion is recognized in only a minority of the states in the nation.
while litigation in the other three tort areas has grown
40
By 2021, 48 states and the District of Columbia had laws prohibiting the distribution of nonconsensual pornography
True
False
41
In 2021, the U.S. Supreme Court:
ruled in favor of a publischool student was punished for off-campus speech
neither “a” nor “b” is correct
ruled that public school officials can never punish students
both “a” and “b” are correct
42
In evaluating the truth or falsity of an article, a court will consider
whether there was time to check the story.
material errors of fact.
the motives of the defendant.
all of the answers are correct.
43
A woman is filmed swimming in a backyard swimming pool in a revealing bikini. if she can sue, the court would consider
if the woman could be easily observed from the area such as public sidewalk
all of the answers are correct.
the size, location, and layout of the fence around the backyard.
if the woman had a reasonable expectation of privacy.
44
U.S. Supreme Court’s ruling in Mahanoy Area School District v. B.L., the specific facts of each new off-campus student
False
True
45
Information obtained in court documents is not considered private.
True
False
46
Under the third prong (i.e., part) of the current test used by the U.S. Supreme Court - speech
is utterly without redeeming social value.
is utterly without redeeming social and educational value.
lacks serious literary, artistic, public, or social value.
lacks serious literary, artistic, political, or scientific value.
47
In determining whether an individual is a limited-purpose public figure for purposes of a libel action, a court consider
if the individual attempted to sway public opinion about a controversy.
the nature of the defamatory statement
whether the individual was involved in a public controversy.
all of the answers are correct.
48
A reporter who deliberately alters a direct quote from a news source may be guilty of actual malice if
the alteration is the result of a failure to exercise reasonable care
the altered material turns out to be false.
the alteration puts the quoted individual in a bad light.
the alteration results in a material change in the meaning of the statement
49
The First Amendment does not protect the
all of the answers are correct.
production of child pornography.
possession of child pornography.
distribution of child pornography.
50
the access theory of freedom of expression can be seen as a remedy to correct some of the flaws with which on
marketplace of ideas theory
self-realization theory
Meiklejohnian theory
absolutist theory
51
Variable obscenity laws
allow various states to have varying definitions of obscenity.
permit states to force adult theaters and to locate in specific areas.
permit states ban the sale of certain kinds of erotic material to minors.
allow for the zoning of sexually oriented businesses.
52
Erroneously reporting that a person has been charged with murder is an example of libel per quod.
False
True
53
The First Amendment safeguards, or protects, unpeaceful riots or looting.
True
False
54
In which of the following situations would an individual most likely be deemed to be a public official in a libel suit?
story claims that a custodian at a state office building was accused
None of the answers is correct.
A story alleges that a city councilwoman has taken money from a developer
A newspaper story reports that a public-school teacher said she was
55
FirstAmendment defense of opinion also protects false statements of fact contained in an article that is mostly opinion.
False
True
56
In order to justify censorship of the oncampus speech of publicschool studentis sexually lewd, vulgar, a principal w
Bethel School District v. Fraser
Hazelwood School District v. Kuhlmeier
Morse v. Frederick
Tinker v. Des Moines Independent Community School District
57
In a public disclosure of private facts lawsuit, courts will if a story was reported in a sensational way, as well as wh
False
True
58
To succeed in a cause of action for public disclosure of private facts, the private fact must be communicated
by the defendant for at least a 24-hour period.
to a wide audience.
to one person other than the plaintiff and the defendant.
by the defendant for at least five business days.
59
The incorporation doctrine links the First Amendment with the
Third Amendment.
Tenth Amendment.
Second Amendment.
Fourteenth Amendment.
60
When it comes to granting a petition for a writ of certiorari, the U.S. Supreme Court applies the
rule of three
rule of six.
rule of five
rule of four
61
A newspaper reports sex offender Which of the following descriptions of wouldNOT sufficiently identify this person libel
the man who lives at 4276 Oak Street in Middleton, Wisconsin
all of the answers are correct.
a Middleton, Wisconsin, resident who is one of the three male
a 45-year-old Middleton, Wisconsin, resident
62
An individual can be regarded as an all-purpose public figure if he or she is well known nationally or geography
False
True
63
A federal district court in V.A. v. San Pasqual Valley Unified School District in 2017 issued a preliminary injunction
kneeling during the playing of the national anthem.
sexually offensive messages on clothing.
posting disparaging messages about students on the Internet.
wearing clothing with Confederate battle flag imagery.
64
In false light invasion of privacy suits, the plaintiff must prove the defendant acted with actual malice.
True
False
65
Defenses against libel actions, in addition to qualified privilege and the opinion defense, include
innocent action and mitigating circumstances.
right of reply and innocent action.
consent
consent and innocent action.
66
In 2021, a federal district court in Wisconsin in N.J. v. Sonnabend concluded that a public school’s policy banning
Tinker v. DesMoinesIndependentCommunitySchoolDistrict
Morse v. Frederick
Bethel School District v. Fraser
HazelwoodSchoolDistrict v. Kuhlmeier
67
The statute of limitations in most states is three years.
True
False
68
The current test for determining whether material is obscene was created which of the followingSupreme Court cases?
Regina v. Hicklin
Hustler v. Falwell
Roth v. United States
Miller v. California
69
person considered a public figure for the purposes of a libel suit, will always be regarded as a public figure in future
False
True
70
Which of the four invasion of privacy torts has received the least recognition by state courts?
intrusion
public disclosure of private facts
false light
appropriation
71
American Airlines brought a lawsuit against
commercial speech is less protected by the First Amendment.
the travel agency's use was not a fair use.
the travel agency was diluting American Airlines' trademark.
the travel agency's name and phone number created a likelihood
72
In 2011, the U.S. Supreme Court held in Snyder v. Phelps that the speech of the members of the Westboro Baptist Church
protected by the First Amendment.
not protected by the First Amendment because it constituted hate speech.
not protected by the First Amendment because it constituted obscenity.
not protected by the First Amendment because it constituted fighting words.
73
In 2010, the U.S. Supreme Court in CitizensUnited v. FederalElectionsCommission
declared unconstitutional law spending corp on political advertising.
declared unconstitutional a law restricting the speech
upheld a law restricting spending by corporations on political advertising.
upheld a law restricting the speech rights of candidates for President.
74
Presumed and punitive damages are typically larger than compensatory damages.
True
False
75
f Debra Price sued a newspaper for invasion of privacy after it reported that in 1971-bomb under a police car
that publishing a story about her arrest was
that the statute of limitations for the lawsuit had expired.
hat it is permissible to relate stories about a person's past public life.
that the publication of such information today no longer
76
If material is available on a social media site, such as Twitter it is public domain and can be used with attribution.
True
False
77
Anti-SLAPP laws
are largely ineffective.
exist only in California and Florida.
have been ruled to be unconstitutional.
have been adopted in more than 30 states.
78
FirstAmendment prohibits appropriation lawsuits for plays films, books, and television programs even if they make money.
True
False
79
justice agrees with the result reached by the majority of the court point ignored by the majority can write known as a
per curiam opinion.
plurality opinion.
dissenting opinion.
concurring opinion.
80
In order to sue for publication of private facts, the plaintiff must demonstrate the revelation of the private facts wer
highly offensive to the judge.
highly offensive to a reasonable person.
highly offensive to the plaintiff.
highly offensive to the average person.
81
In 2016, Terry Gene Bollea, better known as “Hulk Hogan” sued Gawker for $140 million dollars
he jury found that the publication of Hogan's sex tape was not offensive.
The jury found that the publication of Hogan's sex tape was no newsworthy.
he jury found that the sex tape would be highly offensive
jury found that famous individuals like Hogan have lost right to privacy.
82
According to the textbook, a great "historical myth" regarding the First Amendment is that
John Peter Zenger was the individual who drafted it.
it is first because it is the most important right.
George Washington was the individual who drafted it.
it only protects political speech.
83
When determining the similarity of one work to another in an infringement question
have the same kinds of characters and have the same kinds of scenes.
re in the same medium and have the same kinds of characters.
appeared at about the same time and are in the same medium (e
have the same general theme and express this theme in the same way.
84
Trademark law can protect
an advertising slogan.
all of the answers are correct.
the name of a product.
the way a product is packaged.
85
publication of information obtained through an illegal intrusion is not an invasion of privacy the reporter had nothing
True
False
86
The Brandenburg test for incitement is also commonly used in
libel cases.
obscenity cases.
wrongful death actions aimed at the mass media.
invasion of privacy cases that involve the intrusion tort.
87
Under the Miller obscenity test, an adult video might be protected by the First Amendment in one state
False
True
88
The Supreme Court has barred the awarding of punitive damages in libel suits.
True
False
89
In a defamation case involving a public concern plaintiffs have the burden proof proving allegedly defamatory statement
False
True
90
The Leonard Law applies only in California.
False
True
91
A trial held before a judge and without a jury is known as
bench trial
a bar trial
an en banc trial.
a habeas corpus trial.
92
In a libel suit, the judge is tasked with determining if a statement is capable of being defamatory.
True
False
93
A difference between absolute privilege and qualified privilege is
absolute privilege protects speakers i
absolute privilege has roots in the Constitution
qualified privilege only applies if a report
all of the answers are correct.
94
An employee uses company computer has reasonable expectation privacy with regard to the emails he sent or received.
True
False
95
Lower courts have ruled that persons married to or closely associated with public persons are also public persons
False
True
96
case of Knight First Amendment Institute v. Trump addressed whether the sidewalk front the White House is publicforum
False
True
97
n which of the following U.S. Supreme Court cases did the high court make it clear more than 60 years ago
Roth v. United States
Hustler v. Falwell
Regina v. Hicklin
Miller v. California
98
Which of the following statements is true about copyright law?
the copyright in works created by multiple authors
Works produced by an employee in the scope
The U.S. Constitution specifically sets the limit on
Facts, such as the scores of NFL games,

Mass media Law Flashcards | StudBud

Mass media Law

98 termsStudBud Administration4 plays

Imported from external platform

Flashcards98 cardsFPractice quizPHost liveL

Questions 98

Answers

1
Juries sit in appellate court proceedings.
False
True
2
What is the Supreme Court doing when it issues a writ of certiorari?
It is overturning a previous Supreme Court ruling.
It is agreeing to hear the appeal of a lower court ruling.
It is rejecting an appeal to rehear a case, noting that it is certain
It is ordering a lower court to rehear a case.
3
Which of the following statements about damages is true?
Punitive damages are designed to punish the defendant
Compensatory damages are designed to compensate the plaintiff for injuries.
Special damages are specific items of monetary loss
Actual damages designed to compensate for intangible injuries of reputation
4
Which of the following would be considered a public official?
personis appointed or hired to a government job who has a lot of visibility
All of the above.
A person who is elected to public office, even if the officehas littlepower
person appointed or hired to a government job if the job
5
State constitutions can give additional rights, apart from those provided by the U.S. Constitution.
True
False
6
The criteria of the Ollman test for libelous opinion include
the context of the remark
the provability of the statement, the context and the status the speaker.
all of the answers are correct.
the provability of the statement, the context the remarks and the ordinary
7
The primary goal of free speech in Meiklejohnian theory is
the voting of wise decisions.
protecting artistic expression.
discovery of the truth.
self-realization.
8
In defending a lawsuit based on statements of opinion, the defendant may win the case
by arguing that the statements are fair comment and criticism.
all of the answers are correct.
by arguing that the statements are protected by the First Amendment.
by arguing that the statements are rhetorical hyperbole.
9
Television shows that feature fictionalized versions of real individuals and events been the subjects of false light law
False
True
10
Which of the following can be copyrighted?
the chemical formula for Viagra
the product name "Viagra"
an ad for Viagra
all of the answers are correct.
11
Transformative use in a right of publicity case refers to
a use that takes a person who is a celebrity
he judicial transformation
a use that is not a literal depiction of the plaintiff's likeness/ creative
a use that transforms the plaintiff's
12
The publication of the name of the victim of a rape is regarded as
permissible legally but debatable ethically.
permissible ethically but legally wrong.
wrong both ethically and legally.
always permissible both ethically and legally.
13
All businesses are regarded as public figures for the purposes of a libel suit.
True
False
14
In a 2017 case, the U.S. Supreme Court struck down a North Carolina law Facebook or Twitter.
True
False
15
Which of the following can be trademarked?
the chemical formula for Viagra
an ad for Viagra
the product name "Viagra"
all of the answers are correct.
16
In McCullen v. Coakley, the U.S. Supreme Court struck down as unconstitutional a state law that made it a crime to stand
False
True
17
A person can be identified for the purposes of a libel suit even if isnt identified by name specifically in the story.
False
True
18
A per curiam opinion is
an unsigned opinion from an appellate court.
an opinion issued by an attorney general.
a written legal argument prepared by an attorney.
an opinion by a judge or justice who disagrees with the majority opinion.
19
The U.S. Supreme Court today typically agrees to hear
between 100 and 150 cases each year.
more than 250 cases each year.
fewer than 100 cases each year.
between 150 and 250 cases each year.
20
A person who is libel-proof will have difficulty winning a libel suit because
of the fault rule.
he or she resides outside the court's jurisdiction.
reputation was seriously damaged even before the publication of the libel.
there is insufficient identification.
21
Whether or not a reporter sought a comment from the subject of a libelous story be a factor in determining actual malic
False
True
22
Which of the following is NOT an exclusive right recognized under copyright law?
the right of preparation of derivative works
the right of public display of a work
all of the answers are correct.
the right of reproduction of a work
23
Which of the following is an accurate statement about the right of publicity?
t is based on an individual’s right to profit from his or her own identity.
ll of the above are accurate statements about the right of publicity
In some states, the right can be passed on to heirs.
The plaintiff in a right of publicity suit can claim monetary loss
24
The statute of limitations for libelous matter on the Internet begins the day the matter is first accessed by a user.
False
True
25
Which of the following cannot sue for civil libel?
the estate of any dead person who has been libeled
any corporation that has been libeled
any corporate officer who has been libeled
any living person who has been libeled
26
A statement is defamatory if it affects a person's reputation with even a single member of a community.
True
False
27
The first recorded obscenity prosecution in the United States occurred in
287
1997
1815
1860
28
The 2009 appellate court ruling in PlameWilson v. CentralIntelligenceAgency best illustrates the point that
access theory supports disclosure of Central Intelligence Agency documents.
government employees who sign secrecy agreements
jury nullification is a key problem in cases involving the Central
community censorship of speech of government employees is unconstitutional.
29
Individuals actions inadvertently or innocently push them into a public controversy arenever regarded as public figures.
False
True
30
Courts always regard the use of copyrighted material for educational purposes as a fair use.
False
True
31
In McCullen v. Coakley, the U.S. Supreme Court struck down as unconstitutional a state law that made it a crime
True
False
32
Which statement about U.S. Courts of Appeals is correct?
Each state has its own U.S. Court of Appeals.
There are 9 USCourts of Appeals, one for each justice on the Supreme Court.
There are four U.S. Courts of Appeals—one each for the Eastern, Western,
There are 13 circuits of the U.S. Courts of Appeals.
33
The Congress has the authority to abolish every federal court in the land, except for the U.S. Supreme Court, because
the Constitution specifically calls for only one court, the Supreme Court.
federal judges are appointed by the Congress.
Congress is the supreme government institution and it represents the people
Congress controls the federal budget, including the budget for the courts.
34
The First Amendment protects only against government censorship.
True
False
35
The spoken use of the “N” word always constitutes a fighting word.
False
True
36
The two areas of the law of privacy that currently seem most affected by the Internet are
appropriation and intrusion.
public disclosure of private facts and intrusion.
false light and private facts.
appropriation and public disclosure of private facts.
37
The defense of newsworthiness in a privacy lawsuit extends to stories about important governmental...not extend to
False
True
38
Lenny
convicted of showing an obscene movie in California.
acquitted on charges of exhibiting obscene paintings at a Cincinnati.
convicted of exhibiting obscene paintings at a Cincinnati museum.
convicted of performing an obscene comedy routine in Chicago.
39
The intrusion tort differs from privacy torts appropriation, public disclosure of private facts, and false light because
publication of information is not required to establish a legitimate cause
only celebrities or well-known individuals can successfully sue for intry
intrusion is recognized in only a minority of the states in the nation.
while litigation in the other three tort areas has grown
40
By 2021, 48 states and the District of Columbia had laws prohibiting the distribution of nonconsensual pornography
True
False
41
In 2021, the U.S. Supreme Court:
ruled in favor of a publischool student was punished for off-campus speech
neither “a” nor “b” is correct
ruled that public school officials can never punish students
both “a” and “b” are correct
42
In evaluating the truth or falsity of an article, a court will consider
whether there was time to check the story.
material errors of fact.
the motives of the defendant.
all of the answers are correct.
43
A woman is filmed swimming in a backyard swimming pool in a revealing bikini. if she can sue, the court would consider
if the woman could be easily observed from the area such as public sidewalk
all of the answers are correct.
the size, location, and layout of the fence around the backyard.
if the woman had a reasonable expectation of privacy.
44
U.S. Supreme Court’s ruling in Mahanoy Area School District v. B.L., the specific facts of each new off-campus student
False
True
45
Information obtained in court documents is not considered private.
True
False
46
Under the third prong (i.e., part) of the current test used by the U.S. Supreme Court - speech
is utterly without redeeming social value.
is utterly without redeeming social and educational value.
lacks serious literary, artistic, public, or social value.
lacks serious literary, artistic, political, or scientific value.
47
In determining whether an individual is a limited-purpose public figure for purposes of a libel action, a court consider
if the individual attempted to sway public opinion about a controversy.
the nature of the defamatory statement
whether the individual was involved in a public controversy.
all of the answers are correct.
48
A reporter who deliberately alters a direct quote from a news source may be guilty of actual malice if
the alteration is the result of a failure to exercise reasonable care
the altered material turns out to be false.
the alteration puts the quoted individual in a bad light.
the alteration results in a material change in the meaning of the statement
49
The First Amendment does not protect the
all of the answers are correct.
production of child pornography.
possession of child pornography.
distribution of child pornography.
50
the access theory of freedom of expression can be seen as a remedy to correct some of the flaws with which on
marketplace of ideas theory
self-realization theory
Meiklejohnian theory
absolutist theory
51
Variable obscenity laws
allow various states to have varying definitions of obscenity.
permit states to force adult theaters and to locate in specific areas.
permit states ban the sale of certain kinds of erotic material to minors.
allow for the zoning of sexually oriented businesses.
52
Erroneously reporting that a person has been charged with murder is an example of libel per quod.
False
True
53
The First Amendment safeguards, or protects, unpeaceful riots or looting.
True
False
54
In which of the following situations would an individual most likely be deemed to be a public official in a libel suit?
story claims that a custodian at a state office building was accused
None of the answers is correct.
A story alleges that a city councilwoman has taken money from a developer
A newspaper story reports that a public-school teacher said she was
55
FirstAmendment defense of opinion also protects false statements of fact contained in an article that is mostly opinion.
False
True
56
In order to justify censorship of the oncampus speech of publicschool studentis sexually lewd, vulgar, a principal w
Bethel School District v. Fraser
Hazelwood School District v. Kuhlmeier
Morse v. Frederick
Tinker v. Des Moines Independent Community School District
57
In a public disclosure of private facts lawsuit, courts will if a story was reported in a sensational way, as well as wh
False
True
58
To succeed in a cause of action for public disclosure of private facts, the private fact must be communicated
by the defendant for at least a 24-hour period.
to a wide audience.
to one person other than the plaintiff and the defendant.
by the defendant for at least five business days.
59
The incorporation doctrine links the First Amendment with the
Third Amendment.
Tenth Amendment.
Second Amendment.
Fourteenth Amendment.
60
When it comes to granting a petition for a writ of certiorari, the U.S. Supreme Court applies the
rule of three
rule of six.
rule of five
rule of four
61
A newspaper reports sex offender Which of the following descriptions of wouldNOT sufficiently identify this person libel
the man who lives at 4276 Oak Street in Middleton, Wisconsin
all of the answers are correct.
a Middleton, Wisconsin, resident who is one of the three male
a 45-year-old Middleton, Wisconsin, resident
62
An individual can be regarded as an all-purpose public figure if he or she is well known nationally or geography
False
True
63
A federal district court in V.A. v. San Pasqual Valley Unified School District in 2017 issued a preliminary injunction
kneeling during the playing of the national anthem.
sexually offensive messages on clothing.
posting disparaging messages about students on the Internet.
wearing clothing with Confederate battle flag imagery.
64
In false light invasion of privacy suits, the plaintiff must prove the defendant acted with actual malice.
True
False
65
Defenses against libel actions, in addition to qualified privilege and the opinion defense, include
innocent action and mitigating circumstances.
right of reply and innocent action.
consent
consent and innocent action.
66
In 2021, a federal district court in Wisconsin in N.J. v. Sonnabend concluded that a public school’s policy banning
Tinker v. DesMoinesIndependentCommunitySchoolDistrict
Morse v. Frederick
Bethel School District v. Fraser
HazelwoodSchoolDistrict v. Kuhlmeier
67
The statute of limitations in most states is three years.
True
False
68
The current test for determining whether material is obscene was created which of the followingSupreme Court cases?
Regina v. Hicklin
Hustler v. Falwell
Roth v. United States
Miller v. California
69
person considered a public figure for the purposes of a libel suit, will always be regarded as a public figure in future
False
True
70
Which of the four invasion of privacy torts has received the least recognition by state courts?
intrusion
public disclosure of private facts
false light
appropriation
71
American Airlines brought a lawsuit against
commercial speech is less protected by the First Amendment.
the travel agency's use was not a fair use.
the travel agency was diluting American Airlines' trademark.
the travel agency's name and phone number created a likelihood
72
In 2011, the U.S. Supreme Court held in Snyder v. Phelps that the speech of the members of the Westboro Baptist Church
protected by the First Amendment.
not protected by the First Amendment because it constituted hate speech.
not protected by the First Amendment because it constituted obscenity.
not protected by the First Amendment because it constituted fighting words.
73
In 2010, the U.S. Supreme Court in CitizensUnited v. FederalElectionsCommission
declared unconstitutional law spending corp on political advertising.
declared unconstitutional a law restricting the speech
upheld a law restricting spending by corporations on political advertising.
upheld a law restricting the speech rights of candidates for President.
74
Presumed and punitive damages are typically larger than compensatory damages.
True
False
75
f Debra Price sued a newspaper for invasion of privacy after it reported that in 1971-bomb under a police car
that publishing a story about her arrest was
that the statute of limitations for the lawsuit had expired.
hat it is permissible to relate stories about a person's past public life.
that the publication of such information today no longer
76
If material is available on a social media site, such as Twitter it is public domain and can be used with attribution.
True
False
77
Anti-SLAPP laws
are largely ineffective.
exist only in California and Florida.
have been ruled to be unconstitutional.
have been adopted in more than 30 states.
78
FirstAmendment prohibits appropriation lawsuits for plays films, books, and television programs even if they make money.
True
False
79
justice agrees with the result reached by the majority of the court point ignored by the majority can write known as a
per curiam opinion.
plurality opinion.
dissenting opinion.
concurring opinion.
80
In order to sue for publication of private facts, the plaintiff must demonstrate the revelation of the private facts wer
highly offensive to the judge.
highly offensive to a reasonable person.
highly offensive to the plaintiff.
highly offensive to the average person.
81
In 2016, Terry Gene Bollea, better known as “Hulk Hogan” sued Gawker for $140 million dollars
he jury found that the publication of Hogan's sex tape was not offensive.
The jury found that the publication of Hogan's sex tape was no newsworthy.
he jury found that the sex tape would be highly offensive
jury found that famous individuals like Hogan have lost right to privacy.
82
According to the textbook, a great "historical myth" regarding the First Amendment is that
John Peter Zenger was the individual who drafted it.
it is first because it is the most important right.
George Washington was the individual who drafted it.
it only protects political speech.
83
When determining the similarity of one work to another in an infringement question
have the same kinds of characters and have the same kinds of scenes.
re in the same medium and have the same kinds of characters.
appeared at about the same time and are in the same medium (e
have the same general theme and express this theme in the same way.
84
Trademark law can protect
an advertising slogan.
all of the answers are correct.
the name of a product.
the way a product is packaged.
85
publication of information obtained through an illegal intrusion is not an invasion of privacy the reporter had nothing
True
False
86
The Brandenburg test for incitement is also commonly used in
libel cases.
obscenity cases.
wrongful death actions aimed at the mass media.
invasion of privacy cases that involve the intrusion tort.
87
Under the Miller obscenity test, an adult video might be protected by the First Amendment in one state
False
True
88
The Supreme Court has barred the awarding of punitive damages in libel suits.
True
False
89
In a defamation case involving a public concern plaintiffs have the burden proof proving allegedly defamatory statement
False
True
90
The Leonard Law applies only in California.
False
True
91
A trial held before a judge and without a jury is known as
bench trial
a bar trial
an en banc trial.
a habeas corpus trial.
92
In a libel suit, the judge is tasked with determining if a statement is capable of being defamatory.
True
False
93
A difference between absolute privilege and qualified privilege is
absolute privilege protects speakers i
absolute privilege has roots in the Constitution
qualified privilege only applies if a report
all of the answers are correct.
94
An employee uses company computer has reasonable expectation privacy with regard to the emails he sent or received.
True
False
95
Lower courts have ruled that persons married to or closely associated with public persons are also public persons
False
True
96
case of Knight First Amendment Institute v. Trump addressed whether the sidewalk front the White House is publicforum
False
True
97
n which of the following U.S. Supreme Court cases did the high court make it clear more than 60 years ago
Roth v. United States
Hustler v. Falwell
Regina v. Hicklin
Miller v. California
98
Which of the following statements is true about copyright law?
the copyright in works created by multiple authors
Works produced by an employee in the scope
The U.S. Constitution specifically sets the limit on
Facts, such as the scores of NFL games,