Mu Comm Law Test 4

Front 1

Please name the seven dirty words...NOPE! Just name the comedian who said them

Back 1

George Carlin

Front 2

From 1978 until 1987, broadcasters were OK so long as they did not utter those seven words. Then the FCC upped the ante, going after "double entendre" such as that contained in the "Candy Wrapper" song. What statement is WRONG?
A. Oprah Winfrey received no fine for her “tossed salad” discussion.
B. Pixillated nudity (flickering blue over vital spots) is protected by the FCC.
C. “Walk with an Erection” received an FCC fine.
D. Howard Stern is the king of FCC fines.
E. A discussion of doing more than just grooming a dog received an FCC fine.

Back 2

Pixellated nudity(flickering blue over vital spots) is protected by the FCC. (FALSE: IT IS NOT PROTECTED)

Front 3

Steven Spielberg’s use of the “F bomb” in his movie “Saving Private Ryan.” Martin Scorcese’s use of the “F bomb” in a documentary about blue-talking blues singers. Explain how the FCC treated Spielberg and Scorcese’s use of “dirty” words:

Back 3

The FCC permitted primetime TV broadcasts of "Saving Private Ryan" because it was necessary for the creative purposes because it would have altered the nature of the artistic work.
But fined Scorcese for profanity because the documentary's educational purpose could have been fulfilled without swearing

Front 4

The FCC started a new “first blow” theory, saying that even a fleeting use of the “F bomb” by Bono during an awards ceremony was an indecency violation. The U.S. Supreme Court concluded that the FCC’s new policy was NOT:

Back 4

“arbitrary and capricious”

Front 5

Janet Jackson’s “wardrobe malfunction” created a stir, of course. The FCC is trying primarily to protect what one group from exposure to indecency

Back 5

children

Front 6

The “safe harbor” when indecency may be aired is from _________ p.m. to _________ a.m.

Back 6

10 pm to 6 am

Front 7

What is the one part of the obscenity standard that the definition of indecency uses?

Back 7

if it is patently offensive

Front 8

What is currently the maximum fine per indecent incident?

Back 8

$325,000

Front 9

The FCC also hands out fines for exceeding advertising time on programs that target kids.. The limits on kids ads are ______ minutes per hour during the weekends and __________ minutes per hour during the week.

Back 9

10.5 minutes weekends 12 minutes during the week

Front 10

May the FCC fine a broadcaster for an over-the-air hoax?

Back 10

yes

Front 11

The FCC also wants contests to be run fairly. Name three of the five things that stations must let people know about a contest:

Back 11

1. date of the contest
2. who is eligible
3. how to enter

Front 12

Josh Wolf, a videographer, spent a record number of days in jail for refusing to turn material over to a judge. How many days?

Back 12

226 days

Front 13

The Supreme Court said “____________ operating agreements” violated antitrust laws, but Congress, in effect, overturned this ruling by passing the Newspaper Preservation Act.

Back 13

joint

Front 14

Congress also, in effect, overturned a Supreme Court decision that said that authorities could use “knock and enter” searches for newsrooms. Under the Privacy Protection Act of 1980 (PPA), instead of a search warrant, authorities must use a ___________.
But there are four exceptions when authorities may use a search warrant. List the four:

Back 14

subpoena
1. believe reporter involved in crime- kiddie porn ex.
2. If a danger of bodily harm or loss of life
3. if a danger that material will be destroyed
4. if the authorities have tried to subpoena and journalist doesn't respond

Front 15

A weakness of the PPA is that it only applies to federal authorities. (yes or no)

Back 15

no

Front 16

A strength of the PPA is that it grants liquidated damages of a minimum of $__________
(more if more damages occurred). Also, the PPA says that journalists may collect this–something that totaled over $80,000 in one case:___________

Back 16

$1,000
attorney fees

Front 17

Currently, 38 states have shield laws. Does Missouri? (yes or no)

Back 17

no

Front 18

In Branzburg v. Hayes in 1972, the Supreme Court said that journalists have only this one right in front of good-faith grand juries–a right that everyone has:

Back 18

5th amendment against self-incrimination

Front 19

Shield laws have been compared to bad insurance policies that protect you from everything but what happens to you. Please explain how the Kentucky court that heard Branzburg’s case “pierced” the Kentucky shield law:

Back 19

shield law protects confidential sources but not from testifying things you have witnessed

Front 20

If the Supreme Court had granted a journalists’ privilege in Branzburg, what is the question that the Court would have confronted–a question the Court apparently did not want to answer:

Back 20

what defines a journalist?

Front 21

Voluntarily burning a source can lead to a suit for violation of:

Back 21

contract law

Front 22

This is the doctrine that the Supreme Court has used to try to justify greater regulation of broadcast bands than of newspapers–a doctrine that may be weakening:

Back 22

scarcity

Front 23

This doctrine is currently dead, but it could be resurrected. Broadcasters especially disliked the “seek out” rule of this doctrine: The “_________________ Doctrine”

Back 23

Fairness

Front 24

The “political editorials” and “personal attacks” rules of this doctrine are no longer in force. Briefly explain how groups such as RTNDA got these rules killed:

Back 24

The RTNDA took the FCC to court because the FCC was not enforcing the political editorials and personal attacks so the court abolished them

Front 25

Fortunately, a federal court ruled that Kansas City did not have to air “Klansas City Kable” over its public-access cable channel. (true or false)

Back 25

false, it was on air temporarily then was brought off air for profanity

Front 26

“Must carry” rules say that who must carry what?

Back 26

all cable system operators who have more than 12 channels must carry the signals of local commercial broadcast stations must carry entire programing schedule of station

Front 27

The Supreme Court in the Metro Broadcasting case upheld two affirmative action policies. !For old licenses, the “distress sale” policy said a company could transfer an old license to a:

Back 27

minority-controlled group

Front 28

For new licenses, the Lamprecht decision, written by Justice Clarence Thomas said that plus points could not be granted for __________________ as a minority because it would violate the principle of equal protection under the laws.

Back 28

women

Front 29

The most important part of the “fair use” test in copyright law is the fourth part, which says:

Back 29

the effect of the use upon the potential market for or value of the copyrighted work

Front 30

List two of the other three parts of the “fair use’ test

Back 30

1. the purpose of the use
2.The nature of the copyrighted work
3. effect on the market
4. amount of the work used

Front 31

Congress was worried that Mickey Mouse and Goofy and all would go into the public domain, and pornographers could have a field day. So Congress increased the duration of copy-right protection to life plus _______ years for an individual, and _______ years for corporations.

Back 31

life + 70 years individual
life + 95 corporation, 120 from creation

Front 32

Can the U.S. government copyright its publications? (yes or no)

Back 32

No, in the public domain

Front 33

You cannot protect an idea but can only protect the _____ of an idea.

Back 33

expression

Front 34

You cannot get copyright protection for an idea, but if you become rich and famour like Art Buchwald, you might be able to get this kind of protection for an idea: ___

Back 34

contract protection

Front 35

The Berne Convention, a copyright treaty, requires that member nations respect “moral rights” of creators of works. The United States respects the moral rights of:
A. “word artists” (authors) B. visual artists (photographers, painters, sculptors...) C. A and B.

Back 35

B. visual artists (photographers, painters, sculptors...)

Front 36

If you do not register your work before copyright infringement occurs, you will have lost what two important rights?

Back 36

1. statutory damages and actual damages
2. collect for attorney fees

Front 37

If you sign a contract that contains these three words, then your employers, not you (the employee) will own the copyright rights:

Back 37

work for hire

Front 38

It’s “opening _____________” and “closing arguments.”

Back 38

statements

Front 39

Concerning ads:
A. While Congress has given the FTC increasing powers, the FTC is limited in requesting formulas from companies because of trade-secret rules.
B. So long as an ad is literally true, it is not deceptive.
C. The FTC likes and encourages comparative ads.
D. A and B.
E. B and C.

Back 39

C. The FTC likes and encourages comparative ads

Front 40

Even in the most liberal jurisdiction that would let a broadcaster defy a “transparently invalid” gag order, the broadcaster cannot defy a gag order involving the following two things: ____ or _____

Back 40

national defense or fair trial

Front 41

In Citizens United v. FEC, the U.S. Supreme Court made a ruling that President Obama said would “open the floodgates” for political spending. Briefly, how did the Court rule?

Back 41

The court ruled that corporations can use their general treasury funds for political speech but can't contribute to a candidate directly

Front 42

A competitor is doing a fallacious comparative ad and hurting your business. If you contact the FTC, the process may be slow. It’s faster for you to sue under this Act

Back 42

Lanham Act

Front 43

What state in 1937 had the last public execution?

Back 43

Missouri

Front 44

Let’s say a police officer gets caught with kiddie pornography. He grabs the first piece of paper he can find, then scribbles his resignation. Of course, the press covers the story. The now former police officer knows that potential jurors will be examined during _____ to see if they have any biases. Please name four ways that courts can protect a defendant from adverse pretrial publicity instead of using a gag order:

Back 44

Voir dire.
1.change of venue
2.get a continuance
3. voir dire protection
4.give jurors "cautionary instructions"- avoid news
sequestration

Front 45

Let’s say the attorney for the former police officer thinks that only a gag order will suffice to protect the defendant. What is the name of the Supreme Court case involving gag orders?

Back 45

Nebraska Press Association vs. Stuart

Front 46

Before the judge issues the gag order, the attorney must convince the judge of what three things?

Back 46

1.would right to fair trial be impaired?
2. would alternatives less restrictive than gag orders be sufficient?
3. would gag orders be effective?

Front 47

The constitutional requirement is not that a juror know nothing about an upcoming trial but that the juror is ____

Back 47

impartial

Front 48

While trying to fill the jury box, attorneys get to use these two types of strikes:
_____ and ______

Back 48

peremptory and strikes for cause

Front 49

Let’s say that a potential juror says that he or she has heard publicity about the former police officer and has also formed an opinion about his guilt. The potential juror will then need to answer this third, acid question:

Back 49

Whether the juror can set aside the information that they have heard or the opinion that they formed and decide the case solely on the basis of the evidence that's presented

Front 50

It has no redeemeing value, so obscenity receives no copyright protection. (true or false)

Back 50

false

Front 51

Say Senator Dill is a member of the Missouri Senate. Dill became outraged when she read a newspaper story about incest. A reporter had attended the trial and had used the father’s name, which left no question about the child’s identity. Senator Dill now proposes closing all trials of victims of sexual offenses who are under 18 years of age. “We must protect our kids, especially those who have been used,” she said. Would the U.S. Supreme Court uphold Dill’s proposed law? (yes or no)

Back 51

no

Front 52

Say Senator Dill says, “I don’t care if you call it soda, pop, soda pop or soft drinks, it’s ruining our kids’ health. I propose a total ban on all ads for that sugary stuff in this state.”
What is the two-word name of the test that a court would use to determine if this ban violates the First Amendment (one point)? _______________
It is a four-part test, with one part actually containing two parts. Please state the requirements for this test (four points):

Back 52

Central Hudson test.
1. Must concern lawful activity and not be misleading
2. whether the asserted governmental interest is substantial
3. whether the regulation directly advances the governmental interest asserted
4. Whether it is not more extensive than necessary to serve that interest

Front 53

Now make an argument for whether Dill’s proposed legislation is constitutional (two points):

Back 53

No, because banning pop is not substantial and it is more extensive than necessary to serve the interest of banning soda.

Front 54

Let’s say that Senator Dill wants to run for the U.S. Senate. She calls a local TV station, saying she wants to run an ad. What is the two-word name of the rule that applies?

________ Say the ad is, by everything you know, libelous and also indecent. You really do not want to run the ad. What can you do?

Back 54

reasonable access.
nothing, you have to run it, but can't be blamed for libel

Front 55

Someone takes out a magazine ad that says: “Gun expert for hire. No questions asked. All jobs considered.” That ad is legally dangerous because:

Back 55

It is a misleading representation of fact, likely to cause confusion, and misrepresents the nature of his or her or another's commercial activities, creates a foreseeable trace of harm

Front 56

The U.S. Supreme Court upheld mandatory contribution for generic ads because the laws were part of a larger scheme that included price supports. But the high Court struck down generic ads for which one of the following?
A. fruit
B. mushrooms
C. milk
D. beef

Back 56

mushrooms

Front 57

Your state wants to strengthen restrictions on cigarette ads. What is the problem?

Back 57

state law doesn't preempt federal law

Front 58

The Supreme Court at first said that purely commercial ads receive no First Amendment protection. But in 1976, the Court extended full First Amendment protection to commercial ads in a case that involved letting the public know the price of what?

Back 58

prescription drugs

Front 59

The state in which you are licensed to broadcast, state A, has no state lottery, but your broadcast band extends mostly into a state that has a lottery, state B. May you advertise
state B’s lottery? (yes or no)

Back 59

no

Front 60

The Supreme Court struck down a ban on letting folks know the price of liquor. In short, you can advertise the price of booze. (yes or no)

Back 60

yes

Front 61

Life has been good to you, but now the feds are breathing down your neck, charging you with a violation of antitrust law. Yikes! Your attorney advises you to enter into a “consent decree” because of these following three advantages:

Back 61

1. can avoid the expense of a trial
2. does not have to admit violating a law
3. the evidence presented in reaching the settlement is not made public

Front 62

For ten years, no televising from courtrooms occurred in the United States. Did the Supreme Court impose a ban on televising from all courtrooms? (yes or no)

Back 62

no

Front 63

If you want to televise from a Missouri court, you must ask the media coordinator ____ days in advance.

Back 63

5

Front 64

“Bedlam reigned,” the Supreme Court said, in the trial of:
A. Charles Lingbergh B. Dr. Sheppard C. Timothy McVeigh D. O.J. Simpson

Back 64

B. Dr. Sheppard

Front 65

If a reporter refuses to reveal sources in a libel case, then the judge can do something that may hurt a lot worse than a fine or jail. What can the judge do?

Back 65

can tell the jury to assume there is no confidential source

Front 66

A judge, however, probably will not believe a potential juror if he or she has heard or read about a couple of things. Name one:

Back 66

that the defendant had confessed to the crime

Front 67

Say Dill decides she wants to run for sheriff. She calls the TV station about the ads she wants to air. The ads are awful!! What is the two-word name of the rule that applies?

________. Explain whether the station refuse to run them:

Back 67

Equal Opportunity
can refuse to run, but they must refuse to run all candidiate ads

Front 68

The reporter called to tell Timothy McVeigh’s attorney that the story about McVeigh’s confession to the bombing of the federal building in Oklahoma City was going to run in Sunday’s newspaper. The attorney growled that he was going to get a gag order. How did the newspaper cut off the attorney’s ability to get a gag order?

Back 68

published immediately

Front 69

Attorney can strike jurors they don’t want to see on the jury panel. They get an unlimited number of what kind of strikes?_________ But they only get a limited number of this kind of strikes: ______________

Back 69

cause, preemptive

Front 70

Say a young girl in Columbia, Mo., was sexually assaulted by her father. A legislator didn’t like the way a Columbia newspaper reported the story and proposed legislation that would automatically close trials involving sexual victims under the age of 18. Did the Supreme Court say such legislation is permissible? (yes or no)

Back 70

no

Front 71

Did the Supreme Court strike down a state law that permitted closing of preliminary hearings if that is what a defendant wants? (yes or no)

Back 71

no

Front 72

2. The Soldier of Fortune case with the “Gun for Hire” ad shows courts applying what law to ads?

A. conceal and carry B. injunctions B. negligence C. Sherman Act D. caveat emptor

Back 72

negligence

Front 73

The current cap on the national audience reach for an owner of over-the-air TV stations is _____%.

Back 73

39

Front 74

“‘Chocolate Fluff Ice Cream’” tastes like a day in spring.” This subjective claim is called __________________

Back 74

puffery

Front 75

But when the Court was in its “watering down” phase such as in the Fox case (involving a raid on a tupper-ware party in a S.U.N.Y. dorm), what was the Court requiring?

Back 75

private commercial enterprises

Front 76

The Supreme Court struck down the gag order in the Noriega case. (yes or no)

Back 76

no

Front 77

It would be a violation of Equal Employment Opportunity rules for a religious station to consider an employment candidate’s religious beliefs. (true or false)

Back 77

false

Front 78

According to Justice Thomas, for the FCC to give a woman “plus points” in a contest for a new broadcast license would violate what law?

Back 78

14th amendment

Front 79

In its April 2009 ruling on indecency, the Supreme Court struck down the FCC’s view that “fleeting expletives” are indecent. (yes or no)

Back 79

yes

Front 80

The Supreme Court recently remanded the Janet Jackson “wardrobe malfunction” case for a determination of whether the $550,000 fine for indecency should stand. But this pales in comparison to the fine Viacom paid for, among other things, an “Opie & Anthony Show” that awarded points for couples who performed sex acts in public places and for Howard Stern. Viacom’s fine was:
A. $1 million B. $2.5 million C. $3.5 million D. $5 million

Back 80

$3.5 million

Front 81

Currently, the shield law in front of Congress is:
A. a qualified shield law
B. an absolute shield law
C. a perfunctory shield law
D. a moratorium shield law

Back 81

A. a qualified shield law

Front 82

What is a “bad-faith grand jury”?

Back 82

A jury selected that is against the defendant-biased

Front 83

In antitrust law, it is the ______ to monopolize that causes a problem.

Back 83

intent

Front 84

A company says that in order to get the product you want, you also have to buy some inferior product that you really don’t want. Under antitrust law, this is called illegal __________.

Back 84

tying

Front 85

The FTC says that an advertiser may advertise a “Danish pastry” even though the pastry is made in the United States. The reasoning is that the FTC uses a ______________ person standard when determining if an ad is deceptive.

Back 85

reasonable

Front 86

Obscenity may receive copyright protection. (yes or no)

Back 86

yes

Front 87

2 Live Crew’s “Pretty Woman.” Nope, let’s make that “big, hairy woman,” “bald-headed woman,” “two-timin’ woman.” And let’s use rap. The Supreme Court said the more _________ the work is, the less one has to worry about a violation of “fair use.”

Back 87

transformative

Front 88

Did “Dr. Juice’s” The Cat Not in the Hat violate the copyright of Dr. Seuss’s The Cat in the Hat?
(yes or no)

Back 88

yes

Front 89

U.S. government documents do not receive copyright protection. Why not? Because that’s what Congress decreed. So you can use these documents because they are in the public domain. But let’s say you want to use a copyrighted document, and you think you may have exceeded “fair use.” What can you do to safely use that document? ______________

Back 89

consent

Front 90

The first shield law was passed:
A. In Virginia in 1954
B. In New York in 1933
C. In Iowa in 1926
D. In Maryland in 1896
E. In Illinois in 1875

Back 90

D. In Maryland in 1896

Front 91

The FCC no longer enforces rules on:
A. over-the-air games B. hoaxes C. formats D. A and B E. B and C

Back 91

formats

Front 92

The Supreme Court’s rationale for more regulation of broadcast than of print media can be summed up in one word:_________

Back 92

scarcity

Front 93

The lessening of controls over broadcasters by the FCC is called _______

Back 93

deregulation

Front 94

“Let the buyer beware”: The Latin phrase for this is “___________ emptor.”

Back 94

caveat

Front 95

If the Supreme Court had listened to Justice Stewart, who dissented in Branzburg v. Hayes, then what three-part test would federal courts be using in grand jury cases where judges want to compel journalists to divulge confidential sources?

Back 95

balancing test, qualified privilege

Front 96

The FCC wants to end the ban on an individual or corporation owning both a newspaper and a broadcast station in the same vicinity. Congress seems to like the ban. This kind of ownership is called ___ ownership.

Back 96

cross

Front 97

What court is currently deciding what constitutes indecency? __________

Back 97

Supreme Court

Front 98

If the judge thinks that _____________ instructions to the jury aren’t enough, then the judge can ________ the jury while the trial is going on.

Back 98

cautionary, sequester

Front 99

Cable TV may show indecency. (yes or no)

Back 99

yes

Front 100

Since first deciding the question in 1942, the Supreme Court has consistently said that purely commercial speech receives First Amendment protection. (yes or no)

Back 100

no

Front 101

The Supreme Court struck down the FCC’s affirmative action policies. (yes or no)

Back 101

no

Front 102

Does admitting television cameras into a courtroom when the criminal defendant objects deny the defendant a fair trial? (yes or no)

Back 102

no

Front 103

Should a hearing on a pretrial suppression motion be closed if the prosecutor wants it closed but the defendant wants it open? (yes or no)

Back 103

no

Front 104

After “bedlam reigned” in the Dr. Sam Sheppard trial, the Supreme Court overturned his conviction. On retrial, was Dr. Sheppard: A. convicted again or B. acquitted?

Back 104

B. acquitted

Front 105

How did Campbell soup goof with an ad for vegetable soup?

Back 105

used marbles to make the vegetables stand up

Front 106

Do print media have the right to refuse ads? (yes or no)

Back 106

yes

Front 107

. What statement about the FTC is WRONG?
A. Early in its history, the FTC could only protect competitors, not consumers.
B. The FTC can issue “cease and desist” orders, which are like injunctions.
C. The FTC can demand samples but cannot ask for secret formulas.
D. The FTC encourages comparative advertising.

Back 107

The FTC can demand samples AND CAN ask for secret formulas.

Front 108

Children receive protection under the Children’s On-Line Privacy Protection Act (COPPA). The Act defines children as being under the age of _______.

Back 108

13

Front 109

Oops! Listerine doesn’t really reduce colds and sore throats. So it had to say so–because the FTC ordered this type of advertising:

Back 109

corrective advertising

Front 110

The FCC no longer regulates:
A. political editorials and personal attacks
B. logs and formats
C. hoaxes
D. A and B
E. A, B and C

Back 110

A. political editorials and personal attacks
B. logs and formats

Front 111

New Jersey jury convicted Bruno Hauptmann of kidnapping and killing the little 19-month-old baby of what famous person? __________________

Back 111

Charles Lindbergh

Front 112

In the wake of this case, with all of its publicity and the flashing of camera bulbs in the courtroom, what organization passed a canon of ethics to prohibit all cameras in courtrooms?

Back 112

American Bar Association

Front 113

The statute of limitations in copyright cases is _____ years.

Back 113

3 years

Front 114

“Sweat of the brow” is dead. (yes or no) What does (did) “sweat of the brow” protect?

Back 114

yes, lists

Front 115

Operators of Web sites that target children must get parental consent to collect information from a child. Nevertheless, the operator of the Web site does not need parental permission to do what?

Back 115

one shot response...the kid can ask a question to a website and the site can respond (even if the kid is under 13), but they cant keep any of the kids info in their system because they are too young