Mass Media Law Exam 1

Front 1

In terms of the thinking process that's involved, common law represents:

Back 1

Inductive logic

Front 2

what type of law is derived from legislation?

Back 2

statutory

Front 3

When the US supreme court establishes a precedent, it may be overruled by:

Back 3

none

Front 4

Courts may overturn decisions made by administrative agencies like the Federal Communications Commission when:

Back 4

The courts determine the agency has exceeded its own authority

Front 5

When a courth distinguishes a precedent, it

Back 5

Signifies a situational difference between the current facts of the case and that of the precedent

Front 6

Regulations pertaining to advertising and broadcasting fall under which type of law?

Back 6

Administrative

Front 7

What is the main difference between trial and appellate courts?

Back 7

Trial courts find facts, while appellate courts review the application of law

Front 8

Why is the power of judicial review important to the notion of free press?

Back 8

Enables courts to strike down laws that infringe upon the U.S. Constitution

Front 9

The most common way for a case to be heard by the Supreme Court is through:

Back 9

Writ of Certiorari

Front 10

Applying the guidance of statutory construction, judges:

Back 10

Consider the legislative intent of a statute to determine its meaning

Front 11

A law may be found to violate the overbreadth doctrine on the basis that it:

Back 11

limits more activity than necessary to resolve the problem

Front 12

Fearing the power of an unrestricted printing press during 1476-1776, the British crown:

Back 12

-Required individuals to obtain a license before printing materials. -Forced printers to deposit large sums of money in the form of bonds.
-Made it a crime to criticize the government in print

Front 13

The John Peter Zenger trial in 1734:

Back 13

Was an example of jury nullification and stood as a political triumph against sedition in early colonial America.

Front 14

Censorship by the community:

Back 14

-Was common in against pro-British printers in the 1770s.
-Is exercised on college campuses against speakers with whom students disagree.
-Has put pressure on many retailers to exclude adult material from their shelves.

Front 15

Which statement best characterizes freedom of speech practices in early America?

Back 15

Free speech often occurred between people who held the same beliefs within pockets of villages and small towns.

Front 16

Which institution has primary control over what the First Amendment means today?

Back 16

The U.S. Supreme Court.

Front 17

The theory of the First Amendment that purports to protect and uphold all self-governing speech which is necessary for democracy is known as the:

Back 17

Meiklejohnian theory.

Front 18

The concept of jury nullification refers to which one of the following?

Back 18

A decision by a jury to ignore the law and to follow its conscience.

Front 19

The clear and present danger test articulated by Justice Holmes in Schenck v. U.S. (1919):

Back 19

Failed to overturn lower-court sedition convictions.

Front 20

The clear and present danger test articulated by Justice Brandeis in Whitney v. California (1927):

Back 20

Protected more speech than Holmes' version as described in Schenck v. U.S. (1919) .
-Helped influence and shape the eventual Brandenburg test.
-Never appeared in a majority opinion concerning sedition.

Front 21

Which legal test is used by courts to determine the fate of wrongful death and negligence claims that are levied against a specific book, record, or film?

Back 21

Brandenburg

Front 22

Given existing case law, successfully holding the media responsible for someone else's illegal conduct is:

Back 22

Nearly impossible and rare.

Front 23

Upon reviewing its initial decision in Planned Parenthood v. American Coalition of Life Activists (2002), how did the 9th U.S. Circuit Court of Appeals rule regarding whether the First Amendment protects an anti-abortion activist website that referred to abortion physicians as "baby butchers" and struck out the names of such doctors who had been murdered?

Back 23

The First Amendment did not protect the web postings because they were found to directly threaten both abortion physicians and patients.

Front 24

A primary goal of free speech under the marketplace of ideas metaphor is:

Back 24

Discovery of the truth.

Front 25

Determining if an individual may be punished for advocating a violent overthrow of the government would likely hinge upon whether such advocacy is:

Back 25

Intended to produce imminent lawless action (e.g. violent overthrow of government) and likely to produce such action.

Front 26

Gitlow v. New York (1925) is an important case for all Americans because:

Back 26

The Supreme Court determined the Fourteenth Amendment requires states to adhere to the fundamental liberties guaranteed under the U.S. Constitution.

Front 27

Grosjean v. American Press Co. (1936) is a significant precedent because the Supreme Court ruled that:

Back 27

The First Amendment protects the press from being burdened with taxes that are levied in a discriminatory manner.

Front 28

Courts that have considered legislation limiting minors' access to video games depicting violent images have:

Back 28

Struck down the laws for violating the First Amendment right of free speech.

Front 29

The access theory of free speech can be seen as a remedy for correcting flaws in which other theory of free speech?

Back 29

Marketplace of Ideas.

Front 30

In Austin v. Keefe (1971), the Supreme Court determined that an injunction prohibiting the distribution of pamphlets:

Back 30

Consisted a prior restraint in violation of the First Amendment.

Front 31

Can state and federal governments constitutionally tax newspapers and other press outlets?

Back 31

-Yes, if it is a tax that applies to everyone/all businesses.
-Yes, if the tax is evenly applied to all outlets in one medium

Front 32

The Pentagon Papers case resulted in:

Back 32

A minor victory for the press, for it did little legally to strengthen First Amendment protections.

Front 33

Which statement best characterizes prior restraint of the press during wartime in the U.S.?

Back 33

-Government may censor the press in every war the United States is involved in.
-Government chose to issue its own propaganda over censorship as a means to control the release of information during Vietnam.
-Reporters were allowed to cover vast terrains during World War II, but had to filter material through military censors.

Front 34

The Department of Defense has denied journalists access to:

Back 34

Detainees at Guantanamo Bay, Cuba.

Front 35

Which FOIA exemptions have been used by the federal government to limit access by journalists to information during wartime?

Back 35

-National security.
-Law enforcement purposes.

Front 36

The government can block a lawsuit if any information disclosed during it would adversely affect national security under the:

Back 36

State secrets privilege.

Front 37

Which state was the first to pass legislation prohibiting prior restraints and censorship by administrators of public college and university newspapers?

Back 37

California

Front 38

What is one of the main reasons why administrators may censor the high school press?

Back 38

Many publications are considered to be school-sponsored and part of the learning curriculum.

Front 39

In Hazelwood, how did the Supreme Court utilize the precedent established in Tinker v. Des Moines (1969)?

Back 39

It distinguished Hazelwood from Tinker.

Front 40

The controversy surrounding student Bretton Barber's right of free speech centered on his:

Back 40

Wearing of a t-shirt with an anti-George W. Bush message.

Front 41

In Dean v. Utica Community Schools (2004), a district court judge found censorship of the high school newspaper to be:

Back 41

Viewpoint based discrimination.

Front 42

In Fraser v. Bethel School District (1986), the Supreme Court determined:

Back 42

B) Lewd or indecent expression to be inappropriate within schools and may result in disciplinary action.

Front 43

In Kincaid v. Gibson (2001), the Sixth U.S. Court of Appeals found the Kentucky State University Administration's withholding of 2,000 yearbooks to be:

Back 43

Censorship prohibited by the First Amendment.

Front 44

In Frederick v. Morse (2007), the Supreme Court found:

Back 44

Joseph Frederick's First Amendment rights were not violated by the principal when she asked him to take the sign down.

Front 45

A legitimate substantial governmental interest behind the prohibition of all leafleting and solicitation in the main passageways of a public bus terminal might include the local transit authority's desire to:

Back 45

Insure passengers can make transfers and board buses.

Front 46

A local time, place, and manner restriction prohibiting all rap music concerts in a city would probably be:

Back 46

Impermissible under the First Amendment because it is a content-based restriction.

Front 47

Which of the following statements best characterizes the relationship between public and private forums and the potential for speech restrictions?

Back 47

More speech restrictions may be issued on private forums than public forums.

Front 48

Son of Sam laws:

Back 48

-Are often unconstitutional because they are not narrowly tailored.
-Attempt to protect and compensate victims of crime.
-Limit felons' speech and press about crimes they have committed.

Front 49

Which of the following is true regarding the so-called fighting words doctrine?

Back 49

-The doctrine refers to words that inflict injury or tend to incite action.
-The doctrine only applies to face-to-face confrontations.
-Laws may restrict such words because their utterance may result in a breach of peace.

Front 50

In R.A.V. v. St. Paul (1992) the Supreme Court determined:

Back 50

Laws may not selectively ban certain categories of fighting words and hate speech.

Front 51

Under the Bipartisan Campaign Finance Reform Act (2003):

Back 51

-Companies, organizations and unions cannot purchase TV and/or radio ads 30 days before a primary.
-Companies, organizations and unions cannot purchase TV and/or radio ads 60 days before a federal election.
-The federal government can limit campaign spending by large groups.

Front 52

In Pitt News v. Pappert (2004), a federal appellate court:

Back 52

B) Struck down as unconstitutional a law restricting alcohol ads in college newspapers.