Deck 32: Adapting the Law to the Online Environment: The Supreme Court Upholds a Law That Prohibits Pandering Virtual Child Pornography

Question 1

In Smartphone Games Inc.'s suit against Thermopylae Apps Corporation,Thermopylae seeks to discover electronically stored information (ESI)that should be in Smartphone's possession.If Smartphone did not preserve the ESI despite a clear duty to do so,the company should most likely

A)ask the court to sanction Thermopylae for an unreasonable request.
B)reconstruct the ESI to the best of its ability.
C)refuse to provide the ESI on the ground that it is confidential.
D)settle the dispute.

Answer 1

D

Question 2

Arizona enacts a statute that directly conflicts with a federal law.Under the supremacy clause of the U.S.Consitution,

A)Arizona's statute is rendered invalid.
B)the federal law is rendered invalid.
C)Arizona's statute and the federal law are both rendered invalid.
D)Arizona's statute and the federal law apply concurrently.

Answer 2

A

Question 3

Arnie posts online a note that "I have good pix of child & me" with a link to several pictures of minors engaged in sex.Arnie is charged with violating a statute that makes it a crime to distribute material intended to make others believe it is child pornography.He argues that the statute is unconstitutional.The court is most likely to hold that the statute is

A)unconstitutional because it criminalizes speech.
B)unconstitutional because it is overbroad.
C)unconstitutional because it is impermissibly vague.
D)valid because it does not prohibit a substantial amount of protected speech.

Answer 3

valid because it does not prohibit a substantial amount of protected speech.

Question 4

Congress intends to enact a law to criminalize the distribution of illegal child pornography on the Internet.Most likely to be held constitutional is a statute that prohibits

A)offers to provide,and requests to obtain,child pornography.
B)the possession of virtual child pornography.
C)the possession of real and virtual child pornography.
D)a substantial amount of protected speech-especially pornography.

Question 5

Federal law requires new car labels to state fuel economy estimates.California state law proscribes deceptive advertising.Angie buys a new car from Beltline Motors in California.Later,Angie files a suit against the car's manufacturer,claiming that the car does not attain the fuel economy estimate and thus its maker engaged in deceptive advertising in violation of state law.In the opinion of the majority in Paduano v.American Honda Motor Co. ,the court should hold that

A)the federal law does not preempt Angie's state law claim.
B)the federal law preempts Angie's state law claim.
C)California's state law preempts the federal fuel economy law.
D)the federal and state laws preempt each other.

Question 6

Federal law requires new car labels to state fuel economy estimates.California state law proscribes deceptive advertising.Chad buys a new car from Drive-Away Sales in California.Later,Chad files a suit against the car's manufacturer,claiming that the car does not attain the fuel economy estimate and thus its maker engaged in deceptive advertising in violation of state law.In the opinion of the dissent in Paduano v.American Honda Motor Co. ,the court should hold that

A)the federal law does not preempt Chad's state law claim.
B)the federal law preempts Chad's state law claim.
C)California's state law preempts the federal fuel economy law.
D)the federal and state laws preempt each other.

Question 7

Business Credit Company files a suit against City Developers,Inc. ,and seeks,as part of discovery,certain electronic documents in City Developers's possession.City Developers did not preserve the requested data-e-mail messages among employees.The court is not likely to sanction City Developers if

A)the data was not saved because there was no reasonable anticipation of litigation.
B)the e-documents were destroyed when the suit was filed.
C)the e-mail messages were trashed when the discovery request was made.
D)the e-mail system was wiped clean to avoid revealing incriminating evidence.

Question 8

Global Enterprises Corporation (GEC)engages in what some unhappy ex-employees and disgruntled consumers consider to be bad corporate behavior.These individuals post "horror stories" about GEC on rogue Web sites.By providing a forum for complaints,the potential for damage to the reputation of any corporation via the Internet has

A)decreased.
B)increased.
C)neither decreased nor increased.
D)both decreased and increased.

Question 9

World Investment & Trading,Inc.(WIT),encourages its employees to build trust with its customers and other companies.Unfounded complaints and exaggerated charges leveled against WIT online would most likely be regarded by a court as

A)an expression of fact.
B)a form of speech protected by the First Amendment.
C)an inappropriate online disclosure.
D)libelous.