Test 1

Front 1

(Radio Act 1927) Broadcast licensees must operate in the...

Back 1

Public interest, convenience, neccessity

Front 2

1910 Congress requires...

Back 2

All us passenger ships to have a radio

Front 3

Radio Act 1912

Back 3

Titanic sinks, requires 24 hour monitoring for radios of ships.

Front 4

KDKA Pittsburgh

Back 4

Frank Conrad Westinghouse engineer

Explosion of radio post ww1

Front 5

1926

Back 5

Nearly 1,000 unlicensed radio stations

Front 6

Radio Act of 1927

Back 6

Established FRC- 5 member panel

Assigned frequencies

Had power to deny radio broadcasting licenses is no room on the spectrum

Front 7

Communications act of 1934

Back 7

FCC was created

Title 47 us code in federal register

Established principles and rules for the FCC

Front 8

FCC principles

Back 8

1. Public airwaves- like public street, government regulates traffic, public uses street

2. Scarcity rationale- public airwaves are "scarce" resource, government must regulate to avoid confusion

3. Licensing

4. Allocation of frequencies

5. Fines

6. No government censorship

7. No local or state regulation of airwaves

Front 9

FCC bureaus

Back 9

1. Media bureau

2. Enforcement bureau

3. Wireless competition

4. Consumer and government affairs

5. Wireless telecommunications

6. International bureau

Front 10

Broadcasting qualifications

Back 10

Legal: US citizen, less than 25% foreign ownership

Financial: enough money to construct and operate for 3 months

Technical: must meet tech requirements requires by FCC rules

Character: must be of good character, can deny if previous record of lying to FCC, felon, or anticompetitive activities

EEO: must prove you don't discriminate in hiring practice

Front 11

Section 315: equal time rule

Back 11

All candidates must have equal airtime

Front 12

Zapple rule

Back 12

Spokesperson for a candidate appears in an ad, the stations must provide equal access to an opposing candidate's spoke person. But it is no longer enforces by FCC.

Front 13

Section 315 only applies to...

Back 13

Broadcasters and local cable operators. Not national cable channels.

Front 14

Aspen rule

Back 14

Debates qualify as bona fide new event and are exempt from triggering section 315

Front 15

Stations are not allowed to censor political ads...

Back 15

True

Front 16

Stations can not be held legally responsible for any libel in political ads that are uses.

Back 16

True

Front 17

Stations may not edit distasteful or indecent ads.

Back 17

True

Front 18

Radio station legal ID

Back 18

1. Call letters

2. Followed by communities specified in stations license as its location

Front 19

TV station legal Id

Back 19

Same as above, plus stations channel number

Front 20

Broadcast hoax rule

Back 20

1. Licensee knows info if false

2. Foreseeable that broadcast of into will cause substantial public harm

3. Broadcast of into does in fact directly cause substantial public harm

Front 21

Fighting words

Back 21

Words that are likely to result in immediate violence

Front 22

Star chamber

Back 22

British licensing acts allowed imprisonment, torture, and execution for publishing obnoxious works (abolished in 1641)

Front 23

Alien and Sedition acts of 1798

Back 23

Outlawed any speech or publication that was false, scandalous, and malicious against the president or US government

25 arrests, 15 prosecutions during John Adam's presidency, US V. Cooper

Thomas Jefferson pardoned everyone convicted under Sedition acts, expired in 1801

Front 24

Espionage act of 1917

Back 24

Punishments for people who willfully communicated national defense info to enemies

Front 25

Sedition act of 1918

Back 25

Amended from espionage.

Banning any disloyal, profane, scurrilous, or abusive language about the form of government of the US or the constitution

Front 26

Clear and present danger

Back 26

Congress has right to prevent substantial evils (scnenck V. us- draft denounced)

Front 27

Smith act

Back 27

Prohibited several types of speech that involved avocation a violent overthrow of government

Enforced mostly post ww2 during cold war

Red scare- to rid country of communism, senator Joseph mccarthy

Front 28

Yates v. us

Back 28

14 people convicted of communist activity

Supreme Court severely curtailed smith act in Yates-- people should not be convicted solely on the basis of their beliefs

Rule: must be evidence showing speech presents clear and present danger that will result in illegal action

Front 29

Cohen v. Cali

Back 29

Paul Cohen couldn't be punished for wearing a jacket at the courthouse stating "**** the draft"

Front 30

Skokie case

Back 30

American nazi party parade denied

Town required nazis to obtain liability insurance, they refused

Nazis wound up canceling march-- fear of counter demonstrations.

Front 31

Brandenburg v. Ohio

Back 31

Kkk member Brandenburg-- hate filled speech at local rally

Filmed and later nationally broadcast

Ohio convicted Brandenburg for speech that was illegal call to action

US Supreme Court overturned conviction-- no clear and present danger

Front 32

Prior restraint

Back 32

Government forbids party to publish or broadcast specific material

Front 33

Time, place, manner

Back 33

Regulation must be content neutral, not meant to censor

Must not ban speech entirely

Must be substantially state interest served by regulation

Regulation must be narrowly tailored

Front 34

Us constitution

Back 34

Oldest constitution that is still in use

Bedrock of American legal system

Front 35

Takes how many votes in house and Senate to ratify a law?

Back 35

2/3

Front 36

Proposed amendment must be ratified by...

Back 36

3/4 state legislatures

Front 37

The last step in proposing a law is the...

Back 37

Convention of states

Front 38

5 sources of law

Back 38

1. Constitutional

2. Common law

3. Equity law

4. Administrative law

5. Statutory law

Front 39

The highest court in the US is the...

Back 39

Supreme Court

Front 40

How many justices reside on the Supreme Court?

Back 40

9 justices. Hears roughly 100 cases per year.

Front 41

How does a case make it to the Supreme court?

Back 41

Petition of certiorari (granted/denied)

Legal briefs

Oral arguments (usually 60 min)

9 justices gather, discuss, secret ballot

Writing majority, dissenting (minority), concurring opinions

Front 42

How to read a case...

Back 42

Italics: name of case

92: volume

F. Supp: case reporter (federal supplements)

2d: second edition

349: page it begins

S.d.n.y: court (southern district NY)

Examples:

UMG recordings, Inc. V. MP3.com,Inc,92 F. Supp. 2d 349 (S.D.N.Y. 2000)