Deck 13: Media Law: Free Speech and Fairness

Question 1

Which of the following cases established that reporters have a legal obligation to keep a verbal promise made to a source?

A)Morse v.Frederick
B)Cohen v.Cowles Media
C)Gertz v.Roberts
D)Food Lion v.ABC

Answer 1

B

Question 2

Which of the following cases established that the actual malice standard in libel law applied to public figures as well as public officials?

A)Morse v.Frederick
B)Cohen v.Cowles Media
C)Gertz v.Roberts
D)Food Lion v.ABC

Answer 2

C

Question 3

The John Peter Zenger case established which of the following?

A)truth as an absolute defense against libel
B)that the Alien and Sedition Acts were unconstitutional
C)the requirement to submit to government censorship was illegal
D)"the right of the people peaceably to assemble"

Answer 3

A

Question 4

High school journalism students at Pittsburg,KS,put their student newspaper on the map in 2017 when they ______.

A)ran a photo of a student holding up a sign at a football game that said "Bong Hits for Jesus"
B)reported on a cheating scandal at their school
C)reported on budget problems in the school district
D)reported that a newly hired high school principal did not seem to have the credentials she changed

Question 5

Editorial cartoons are generally given a lot of protection from libel for which of the following reasons?

A)Many attorneys and judges enjoy reading them.
B)They rarely express anything derogatory about a public figure.
C)Their writers are typically quite cautious about checking their facts.
D)They are considered a statement of opinion,neither true nor false.

Question 6

The belief that Americans should be allowed to freely express themselves originated with which of the following?

A)Smith Act
B)Espionage Act of 1918
C)USA PATRIOT Act
D)First Amendment

Question 7

A photographer goes onto private property and takes a picture of a woman sunbathing topless in her backyard.The woman could sue for which of the following?

A)invasion of privacy--misappropriation
B)invasion of privacy--intrusion
C)invasion of privacy--false light
D)You can't fool me,she would have no grounds for an invasion of privacy suit.

Question 8

Truth is not always an effective defense against libel for which of the following reasons?

A)Many people do not want to believe the truth.
B)Too many people are willing to lie in court.
C)It is not always clear what the truth is.
D)It may be necessary to keep the truth private.

Question 9

In the case of Roth v.United States,the U.S.Supreme Court handed down which of the following rulings?

A)Obscenity is not protected by the First Amendment.
B)All sexually explicit material is obscene.
C)It is illegal to publish an article about how to build a nuclear bomb.
D)High school principals are allowed to censor a student newspaper for "any legitimate educational purpose."

Question 10

The law passed by Congress following the 9/11 attacks,which expanded the ability of the FBI to look into people's media use and tap their phones,is known as which of the following?

A)Smith Act
B)Espionage Act
C)USA PATRIOT Act
D)First Amendment

Question 11

Which of the following did the Supreme Court suggest judges do after overturning the Sam Sheppard conviction?

A)have the trial quickly,before the public forms an opinion
B)put a gag order on all participants in the trial
C)make rules about how frequently the media can report on the trial
D)all of these

Question 12

The FCC's Equal Time Provision requires that stations do which of the following?

A)provide free air time to candidates
B)prohibit libelous information in political ads
C)have "fair and balanced" newscasts
D)give all candidates equal access to non-news air time

Question 13

Which of the following cases established that reporters have a right to publish truthful information even if it was obtained using deception?

A)Morse v.Frederick
B)Cohen v.Cowles Media
C)Gertz v.Roberts
D)Food Lion v.ABC

Question 14

A newspaper ran an article that says a congressman has accepted a number of payments from an oil company.The article claims that the payments were illegal and that the congressman has committed a crime by receiving the payments.It turns out that the reporter made a mistake in reading a financial report,and the payments were,in fact,legal.The congressman sues the newspaper for libel.The newspaper acknowledges that it made a mistake,apologizes,and then defends itself using the legal principles established by which of the following cases?

A)New York Times Co.v.Sullivan
B)Near v.Minnesota
C)Gertz v.Welch
D)Miller v.California

Question 15

The first U.S.copyright law permitted authors and artists to protect their work for how long?

A)10 years
B)28 years
C)80 years
D)90 years

Question 16

The person most responsible for creating the fair use doctrine for American copyright law is ______.

A)Larry Flynt
B)Samuel Roth
C)Barbara Ringer
D)Judith Miller

Question 17

A clothing company starts selling a line of dresses called the "Going Gaga" collection that they say is based on the style sense of singer Lady Gaga.The company does not get Ms.Gaga's permission and does not pay her a licensing fee.Lady Gaga sues the company to make it stop selling the clothing.The grounds for Ms.Gaga's lawsuit would be based on which of the following?

A)invasion of privacy--misappropriation
B)invasion of privacy--intrusion
C)invasion of privacy--false light
D)You can't fool me,she would have no grounds for an invasion of privacy suit.

Question 18

Several newspapers were initially prevented from printing the Pentagon Papers through the government's use of which of the following?

A)libel law
B)invasion of privacy law
C)prior restraint
D)obscenity law

Question 19

The First Amendment does not protect people from being sued for statements that are which of the following?

A)false
B)libelous
C)unpopular
D)politically incorrect

Question 20

The definition of libel is which of the following?

A)any published statement that unjustifiably exposes someone to ridicule or contempt
B)any published statement about someone that can be established to be untrue
C)any true but embarrassing statement or image of an individual
D)all of these

Question 21

The Oklahoma City bombing case trial demonstrated the importance and usefulness of ______.

A)having a judge who keeps tight control of the trail
B)punishing journalists who reveal confidential trial information
C)closing the trial so that the public cannot see or hear the testimony
D)having the full trial broadcast on network and cable television nationwide

Question 22

The USA FREEDOM Act of 2015 took away the right of the National Security Agency (NSA)to ______.

A)place video monitors in dressing rooms in shopping malls
B)collect "metadata" phone information on millions of Americans who were not suspected of any crime
C)suppress stories in newspapers that were critical of the NSA
D)You can't fool me,the USA FREEDOM Act expanded what the NSA could do,not limit it.

Question 23

Several states,including Kansas,have passed laws restoring the rights of student journalists that were taken away by the U.S.Supreme Court's Hazelwood School District v.Kuhlmeier decision.

Question 24

The Judith Miller case demonstrated which of the following?

A)It is difficult for the government to suppress information that people want to make public.
B)High school students can be punished for speech promoting drug use.
C)Journalists can be sent to jail for refusing to testify before a grand jury.
D)Bloggers are considered journalists by the courts.

Question 25

Net neutrality means ______.

A)Internet providers cannot censor transmitted material on the basis of content
B)message packets sent over the Internet must carry a neutral electric charge
C)Websites have to be balanced in their coverage of political news
D)Internet providers can't favor the transmission of content from one site over that of another

Question 26

The National Security Agency (NSA)used Section 215 of the USA PATRIOT Act to justify ______.

A)placing video monitors in dressing rooms in shopping malls
B)collecting "metadata" phone information on millions of Americans who were not suspected of any crime
C)suppressing stories in newspapers that were critical of the NSA
D)all of these

Question 27

Privilege is the legal notion that public figures and government officials have the right (or privilege)to sue journalists for reporting on their private lives.

Question 28

The greatest impact on broadcasting of the Telecommunications Act of 1996 was which of the following?

A)a relaxation of ownership rules
B)the introduction of the V-chip
C)attempts to regulate the Internet
D)the repeal of the Fairness Doctrine

Question 29

The press has the right to use embarrassing photographs of ordinary people,even if they are not newsworthy.

Question 30

The Communications Decency Act was struck down in 1997 because it did which of the following?

A)limited the First Amendment rights of minors
B)limited the First Amendment rights of adults
C)violated the standards set in Morse v.Frederick
D)violated the standards set in United States v.Noriega

Question 31

In the Hazelwood case,the Supreme Court made which of the following rulings about high school newspapers?

A)They could be censored only when they invade the privacy of "a teacher,student,or other employee of the district."
B)They are entitled to "the full protection of the First Amendment."
C)They could be censored at any time because the newspaper was part of a class and not a "public forum."
D)They are a valuable resource and should be given "as much freedom as possible without compromising discipline at the school."

Question 32

The central argument for allowing cameras in the courtroom is which of the following?

A)Court trials make for exciting mediA.
B)Young people should be exposed to trials as an educational experience.
C)A trial belongs to the public,not the participants in the trial.
D)Advertising revenue for televised trials can help pay the cost of running the courts.

Question 33

Under the Alien and Sedition Laws of 1798,writers could be sent to jail or deported for criticizing the government.

Question 34

The USA PATRIOT Act allows the FBI to examine individual's health-care records,Internet use,and library records.

Question 35

The First Amendment to the Constitution states that Congress or the president may limit free speech when it is in "the best national interest" to do so.

Question 36

The case of Morse v.Frederick demonstrated which of the following?

A)It is difficult for the government to suppress information that people want to make public.
B)High school students can be punished for speech promoting drug use.
C)Journalists can be sent to jail for refusing to testify before a grand jury.
D)Bloggers are considered journalists by the courts.

Question 37

To be libelous,a statement must be published or broadcast and seen by someone other than the author and the person who was defamed.

Question 38

Apple CEO Tim Cook argues that the company did the right thing to protect privacy on their smartphones when they made the encryption on them strong enough that neither the company nor the police could break into it without the owner's permission.

Question 39

The Progressive case demonstrated which of the following?

A)It is difficult for the government to suppress information that people want to make public.
B)High school students can be punished for speech promoting drug use.
C)Journalists can be sent to jail for refusing to testify before a grand jury.
D)Bloggers are considered journalists by the courts.

Question 40

Why did former professional wrestler Hulk Hogan sue the gossip website Gawker for invasion of privacy?

A)Gawker ran old photos of Hogan injecting himself with steroids during his days as a professional wrestler.
B)Gawker had posted a sex tape of Hogan and the wife of radio shock jock Bubba the Love Sponge.
C)Gawker ran a story saying that Hogan was broke and living on the street.
D)Gawker ran a photo of Hogan drinking with his shirt off in a nightclub called "The Cornerman."

Question 41

What does the concept of journalistic privilege protect?

Question 42

What did President Thomas Jefferson do to all the people charged under the Alien and Sedition Acts?

Question 43

Police arrested Washington Post reporter Wes Lowery when he tried to record video of police forcing journalists to leave a McDonald's in Ferguson,MO.

Question 44

In addition to freedom of speech and the press,what three rights are protected by the First Amendment?

Question 45

Members of the Westboro Baptist Church picketed the funeral of Supreme Court Justice Antonin Scalia because the justice had voted against their right to protest.

Question 46

According to the Roth and Miller cases,the decision about whether a particular book or movie is obscene should be made using national standards that are consistent across the entire country.

Question 47

What are the three elements that have to be present in order for libel to have taken place?

Question 48

Journalists have an unconditional right to bring still and video cameras into all trials in the United States.

Question 49

Shield laws are designed to keep journalists from having to testify about their work in court under certain circumstances.

Question 50

The Digital Millennium Copyright Act makes it illegal to break the copy protection on DVDs.

Question 51

The Supreme Court ruled in 2011 that the Phelps family (aka the Westboro Baptist Church)had the right to picket funerals as long as they followed local regulations.

Question 52

Wartime limits on free speech change the balance between ______.

Question 53

European Union "right to be forgotten" laws force search companies such as Google to omit information from search results that people say are "irrelevant" or "out of date."

Question 54

The case of Near v.Minnesota established that the government could ban the publication of material that was "annoying and offensive to the public at large."

Question 55

According to Roth v.the United States,not all sexually explicit material is considered obscene.

Question 56

European Union "right to be forgotten" laws force U.S.newspapers and other news sites to take down stories that EU citizens consider "irrelevant" or "out of date."

Question 57

What are the four forms of invasion of privacy in the United States?

Question 58

The laws applying libel law to writers on social media are mostly the same as those applied to legacy (or "mainstream")media.

Question 59

French law requires people suing for invasion of privacy to prove they have been harmed by the revelation.

Question 60

The V-chip blocks a TV from showing a program with a particular content rating.

Question 61

In the case of Miller v.California,what is the LAPS test?

Question 62

In a brief essay,explain why Apple resisted FBI efforts to hack the smartphone of the married couple who killed 14 people in an attack in San Bernardino in 2016.Do you support or oppose what Apple did? Explain why.

Question 63

Name two ways in which high school students have limited free speech rights.

Question 64

What is the major challenge faced by United States obscenity law in the 21st century?

Question 65

What do shield laws do?

Question 66

In a brief essay,explain what net neutrality is and why consumers might be helped by it.What is a reason why online companies might prefer that net neutrality not exist.

Question 67

There is a continual tension between the constitutional protection of a fair trial and the constitutional protection of freedom of the press.In a brief essay,discuss how the courts have said this balance should be maintained.

Question 68

In a brief essay,explain what prior restraint is,provide an example of how it has been used in the United States,and explain why it is difficult to enforce in the 21st century.

Question 69

In a brief essay,explain what New York Times Co.v.Sullivan was about and what the long-term impact of the case has been.

Question 70

In media law,what is prior restraint?

Question 71

In a brief essay,explain the major changes that took place to copyright law in 1976.