Deck 14: Media Freedom, Regulation, and Ethics

Question 1

Advertising,or commercial speech,enjoys First Amendment protection,as established by the Supreme Court in its 1942 _____________ decision.

A) Valentine v. Chrestensen
B) Gitlow v. New York
C) Time, Inc. v. Hill
D) Schenck v. United States

Answer 1

A

Question 2

In 1957 in _____________,the Supreme Court determined that sex and obscenity were not synonymous,a significant advance for freedom of expression.It did,however,legally affirm for the first time that obscenity was unprotected expression.

A) Miller v. State of California
B) Near v. Minnesota
C) Roth v. United States
D) Ginzburg v. United States

Answer 2

C

Question 3

The legal definition of obscenity was established by which important Supreme Court decision?

A) Miller v. State of California
B) Near v. Minnesota
C) Citizens United v. FEC
D) Ginzburg v. United States

Answer 3

A

Question 4

The Supreme Court turned the ___________ analogy against NBC,declaring that the FCC to judge content.

A) traffic cop
B) moral agent
C) wise teacher
D) concerned parent

Question 5

 The First Amendment is based on the _____________ philosophy that people cannot govern themselves in a democracy unless they have access to the information they need for that governance.

A) social responsibility
B) socialistic
C) libertarian
D) federalist

Question 6

In 1981 in _____________,the Supreme Court determined that television cameras in the courtroom were not inherently damaging to fairness,and different states have since adopted different standards on the issue.

A) Chandler v. Florida
B) New York Times v. Sullivan
C) Near v. Minnesota
D) the Red Lion Decision

Question 7

The Supreme Court,in its decision in _____________,stated that the First Amendment was "among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the states." Given that,"Congress shall make no law" is now interpreted as "government agencies shall make no law."

A) Valentine v. Chrestensen
B) Gitlow v. New York
C) Time, Inc. v. Hill
D) Schenck v. United States

Question 8

When discussing the First Amendment,Supreme Court Justice Hugo Black said,"No law means no law." He was expressing the _____________ position on the freedom of press and speech.

A) absolutist
B) social responsibility
C) patriarchal
D) self-righting

Question 9

Media practitioners who put their ethical values into action are using

A) metaethics.
B) normative ethics.
C) applied ethics.
D) moral agents.

Question 10

The philosophy of _____________ states that,in individual First Amendment cases,several factors should be weighed in determining how much freedom the press is granted.

A) social responsibility
B) balancing of interests
C) clear and present danger
D) libertarianism

Question 11

The power of the government to prevent the publication or broadcast of expression is called

A) prior restraint.
B) actual malice.
C) due cause.
D) lack of privilege.

Question 12

The false and malicious publication of material that damages a person's reputation (typically applied to print media)is

A) slander.
B) libel.
C) privilege.
D) fair comment.

Question 13

The basis for the test of _____________ is the idea that the press cannot be deterred from covering legislative,court,or other public activities for fear that the comments of a speaker or witness will open it to claims of libel or slander.

A) truth
B) privilege
C) fair comment
D) due process

Question 14

Potentially libelous or slanderous expression is protected by the First Amendment if it meets the test of all EXCEPT which of the following?

A) truth
B) privilege
C) fair comment
D) justice

Question 15

Oral or spoken defamation of a person's character (typically applied to broadcasting)is

A) slander.
B) libel.
C) privilege.
D) fair comment.

Question 16

A culture's fundamental values are its

A) metaethics.
B) normative ethics.
C) applied ethics.
D) moral agents.

Question 17

Because freedom of the press can be limited if the likely result is damaging,there is no absolute freedom of expression in the case of

A) commercial media.
B) entertainment content.
C) clear and present danger.
D) free press versus fair trial.

Question 18

When a media outlet distributes content with knowledge of its falsity or a reckless disregard for the truth,it has acted with

A) prior restraint.
B) actual malice.
C) due cause.
D) lack of privilege.

Question 19

The _____________ principle is represented by the paired ideas that the free flow or trade of ideas ensures that public discourse will allow the truth to emerge and that truth will emerge from this public discourse because people are inherently rational and good.

A) social responsibility
B) Federalist
C) First Amendment
D) self-righting

Question 20

The guarantee to a fair trial is secured in the _____________ Amendment to the Constitution.

A) First
B) Sixth
C) Fourteenth
D) Twenty-third

Question 21

Among the individual or group interests that often conflict in ethical dilemmas are those of the _____________,a particular person or group that is likely to be affected by media practitioners' actions.

A) object of the act
B) financial supporter
C) profession
D) society

Question 22

Legislation that expressly protects reporters' rights to maintain sources' confidentiality in court is called a

A) moral agent.
B) public domain.
C) shield law.
D) prior restraint.

Question 23

One conflict of interest issue that troublese media professionals is _____________,in which combat reporters allow military control over their output in exchange for close access to the troops.

A) prior restraint
B) shield laws
C) privacy
D) embedding

Question 24

Among the regulatory requirements that disappeared during the broadcast deregulation movement of the Reagan administration is _____________,which required broadcasters to cover issues of public importance and to be fair in that coverage.

A) safe harbor
B) ascertainment
C) the Fairness Doctrine
D) clear and present danger

Question 25

In addition to industry professional codes,many media organizations have formulated their own institutional policies for conduct.In the case of the broadcast networks,these are enforced by

A) Standards and Practices Departments.
B) policy books.
C) operating policies.
D) ombudsmen.

Question 26

Many media organizations utilize _____________,practitioners internal to the company who serve as "judges" in disputes between the public and the organization.

A) standards and practices departments
B) policy chiefs
C) operating executives
D) ombudsmen

Question 27

Identifying and granting ownership of a given piece of expression,_____________ is designed to protect the creator's financial interest in that expression.

A) public domain
B) fair use
C) copyright
D) ascertainment

Question 28

The issue of _____________,an important tool of journalism,involves the ability of media professionals to keep secret the names of people who provide them with information.

A) prior restraint
B) privacy
C) confidentiality
D) ascertainment

Question 29

Royalty payments in the music industry are collected from users and paid to musicians by _____________ like ASCAP and BMI.

A) ombudsmen
B) standards and practices companies
C) licensing companies
D) public domain units

Question 30

The copyright exception of _____________ is when the small portions of the original work are used for noncommercial or educational purposes.

A) public domain
B) fair use
C) licensing
D) prior permission

Question 31

Social responsibility theory was developed after World War II to replace _____________,which was seen as too idealistic a standard for the operation of the U.S.media system.

A) normative theory
B) libertarianism
C) ascertainment theory
D) the self-righting principle

Question 32

A theory that explains how media should ideally operate in a given system of social values is _____________ theory.

A) a social scientific
B) a holistic
C) a libertarian
D) normative

Question 33

Once the copyright on a piece of expression expires and is not renewed,the material passes into _____________,meaning it can be used without permission.

A) public domain
B) fair use
C) copyright
D) ascertainment

Question 34

Reporters acting deferentially toward news sources in order to ensure continued access is called

A) prior restraint.
B) actual malice.
C) embedding.
D) access journalism.

Question 35

_____________ asserts that media must remain free of government control,but in exchange must serve the public.Its core assumptions are a cross between the libertarian principles of freedom and the practical admissions of the need for some form of control over the media.

A) Libertarianism
B) The self-righting principle
C) Social responsibility theory
D) Normative theory

Question 36

According to the FCC,language or material that depicts sexual or excretory activities in a way that is offensive to contemporary community standards is

A) obscene.
B) pornographic.
C) offensive.
D) indecent.

Question 37

Rules of behavior or moral principles that guide our actions in given situations are

A) consciences.
B) ethics.
C) moral agents.
D) strictures.

Question 38

In applying ethics,the person making the decisions is called the

A) moral compass.
B) ethical actor.
C) moral agent.
D) interested party.

Question 39

Among the regulatory requirements that disappeared during the broadcast deregulation movement of the Reagan administration is _____________,which required broadcasters to determine actively and affirmatively the nature of their audiences' interest,convenience,and necessity.

A) safe harbor
B) ascertainment
C) the Fairness Doctrine
D) clear and present danger

Question 40

The FCC chairman most closely associated with the deregulation of broadcasting is _____________,an appointee of the Reagan administration.

A) Reed Hundt
B) Edward Markey
C) Mark Fowler
D) Newton Minnow

Question 41

What is digital rights management? What are its elements and what problem does it hope to resolve?

Question 42

NBC successfully used the traffic-cop analogy to win its argument in NBC v.United States.

Question 43

Most media professionals favor licensing of media practioners if it will produce higher standards of operation.

Question 44

Why is confidentiality important in contemporary news gathering and reporting?

Question 45

Democracy requires a free press.

Question 46

What is the traffic-cop analogy?

Question 47

When media professionals are faced with ethical dilemmas,they are moral agents.

Question 48

List and define six sets of individual or group interests that moral agents often find in conflict.

Question 49

Of all the court cases you've read about in this chapter,which do you find the most important in terms of protecting media's First Amendment rights? Explain your answer.

Question 50

When can copyrighted media content be used without permission?

Question 51

Explain the difference between operating policies and editorial policies.

Question 52

List four limitations of media industry self-regulation.

Question 53

The editors of The Progressive fought the government over the issue of prior restraint.

Question 54

The libertarian model of press control is based on the self-righting principle.

Question 55

In the free-press-fair-trial debate,the First and Sixth Amendments conflict.

Question 56

Purely entertainment content,such as a fun summer movie,does not enjoy First Amendment protection because it is totally commercial in its intent,and therefore,not of "the press."

Question 57

What are the seven assumptions of social responsibility theory?

Question 58

Those who hold the absolutist position on the First Amendment are willing to make an exception when it comes to control of offensive and indecent content.

Question 59

Slander typically applies to the false and malicious publication of material that damages a person's reputation.

Question 60

What are the three levels of ethics? Define each.

Question 61

What is prior restraint? Why is it so offensive to supporters of the First Amendment? When might its use be acceptable? Defend your answer.

Question 62

What is the distinction between pornography,obscenity,and indecency? Which enjoy First Amendment protection? Which do not? Would you grant that protection to all these forms of content,or would you restrict them all? Defend your position.

Question 63

What is your opinion of media industry self-regulation? Do you think it is preferable-even with its limitations-to more stringent government oversight? Do you think that different media warrant different levels of government control,as is the case in the United States today? Defend your answers.