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Media Communication Law: Exam 2
Questions from Exam 2
86
Journalism
Undergraduate 3
11/20/2012
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Term
Under the American law, corporations are classified as follows:
 Definition
They are 'persons' for certain purposes but not for others.
Term
The term '1st Amendment time, place, and manner regulations' means that:
 Definition
The 1st Amendment is not absolute; therefore, time, place, and manner rules are legal in public forums.
Term
The following is true under administrative law:
 Definition
The SEC can prosecute insider trading as it did in US v. Carpenter.
Term
In order to collect damages, plaintiffs who sue for invasion of privacy through giving publicity to private facts must:
 Definition
Show that the matter is not of legitimate concern to the public.
Term
In AIDA v. Time Warner, an Illinois court held that:
 Definition
Group defamation regarding ethnic groups is not recognized in American law.
Term
A defense in libel when reporters accurately report matters of public concern, including defamatory charges made about public officials and figures without taking sides:
 Definition
Neutral reportage under Edwards v. National Audubon Society.
Term
In US v. Katz, the US Supreme Court ruled that:
 Definition
Government wiretapping and eavesdropping of innocent citizens is an illegal search and seizure under the 4th Amendment.
Term
Which of the following is legal under the laws of Iowa?
 Definition
All wireless and camera technologies that make 'sexting' possible, minors using phones capable of 'sexting' indecent images to other minors, telephone companies whose technology makes 'sexting' possible.
Term
The legal standard used to determine the severity of invasion of privacy is:
 Definition
The invasion is offensive to a reasonable person.
Term
The Privacy Act of 1974 is concerned with:
 Definition
Protection of individual privacy from government intrusion and surveillance.
Term
The Restatement of the Law of Torts is a collection of laws dealing with:
 Definition
Civil wrongs
Term
The following is a correct description of the status of parody under the 1st Amendment.
 Definition
Parody is a sharp, cutting and protected literary device that needs to mimic an original to make its point.
Term
The difference between Administrative law and Statutory Law is that:
 Definition
Administrative law is rule-making by governmental agencies while statutory law is written by legislatures.
Term
The 1st Amendment right of expressive association refers to:
 Definition
The right to get together with like-minded people for the purpose of expressing an opinion.
Term
In libel law, the term 'statue of limitation' refers to:
 Definition
The limited statutory scope of libel law.
Term
Laws that are vague and overbroad are unconstitutional. The remedy for that defect is:
 Definition
Laws that are narrowly tailored to serve a substantial government interest.
Term
What do the following cases- Cox Broadcasting v. Cohn, Florida Star v. BJF, and Florida v. Globe have what in common?
 Definition
They held that naming of rape victims in news reports violates the 4th Amendment. Courts ruled that there is no 1st Amendment right to name rape victims.They ruled that 1st Amendment does not ban publication of the names of rape victims; it is a matter of journalistic ethics.
Term
According to Schauer, two of the major characteristics of American exceptionalism are:
 Definition
The distinctly liberal American approach to hate speech and libel under the 1st Amendment.
Term
In Galella v. Onassis a court of appeals held that:
 Definition
Paparazzi who stalk and harass celebrities violate the law of privacy.
Term
The New York Times actual malice standard is subjective standard that is concerned with:
 Definition
The attitude of the reporter towards the truth.
Term
Under FISA and the Patriot Act, surveillance of terrorist and criminal suspects in the US takes place under:
 Definition
Judicial supervision after a showing of probable cause.
Term
Libel and invasion of privacy can be distinguished as follows:
 Definition
Libel deals with the altered attitudes of others toward the plaintiff, while invasion of privacy deals with the right to be left alone.
Term
The Standard of truth required in libel cases is:
 Definition
Substantial truth or a gist of the truth.
Term
In Hustler Magazine v. Falwell, the Supreme Court held that for public figure plaintiffs to collect damages for intentional infliction of emotional distress, they must:
 Definition
Prove that they were the subjects of falsehoods published with New York Times actual malice.
Term
The four branches of invasion of privacy are:
 Definition
Publication of private facts, intrusion, false light, and appropriation/misappropriation.
Term
The Four 'legs' of the O'Brien test whereby for the government to regulate speech, the following conditions must be met:
 Definition
Te regulation must be within the goverment's power, furthers a substantial interest, be content-neutral, and narrowly drawn.
Term
In Citizens United v. F.E.C., the US Supreme Court ruled that:
 Definition
Corporations and unions are 'persons' who have a right of free speech.
Term
This statement is true under the Constitution and the 1st Amendment:
 Definition
US senators and representatives are protected from libel suits for statements made in their legislative chambers, legislative reports and committee hearings.
Term
What do the following cases- Hustler v. Falwell, Old Dominion Letter Carriers, and Florida v. Globe- have in common?
 Definition
Rhetorical hyperbole, exaggerated and overblown speech or concerns, vigorous epithets and overstatements of reality.
Term
In Snyder v. Phelps, the Supreme Court held that for private individuals to collect damages for intentional infliction of emotional distress, they must:
 Definition
Prove that they were the subjects of falsehoods published with New York Times actual malice.
Term
In Bose Corp. v. Consumers' Union, The US Supreme Court ruled that:
 Definition
Famous corporations are public figures who must show New York Times actual malice to collect damages.
Term
What do the following cases-Iowa v. Canal and City of Ontario v. Quon- have in common?
 Definition
Sexting to minors and sexting on the job with official equipment are both illegal.
Term
What do the following cases-In Re Waller v. New York, Occupy Sacramento v. City of Sacramento, CCNV v. Clark, Ward v. Rock Against Racism- have in common?
 Definition
They ruled that all demonstrations in public forums must abide by time, place, and manner regulations, all government regulation of the right of assembly must be content-neutral and avoid view-point discrimination, and they ruled that the 1st Amendment is not absolute, therefore "Occupy" protesters may not violate the rights of other citizens.
Term
The concept of libel-proof applies to:
 Definition
Plaintiffs whose reputations are so bad no further harm can be done to them.
Term
The following statements are true descriptions of the status of parody under the 1st Amendment:
 Definition
Parody may be sharp, cutting, and offensive, but it has full legal protection.
Term
In libel cases, plaintiffs must prove defamation, identification, publication, fault, harm to reputation, and falsity or else the defendant will be awarded:
 Definition
Summary Judgement.
Term
Old Dominion Branch, National Association of Letter Carriers v. Austin
 Definition
Hyperbolic, exaggerated and over-blown speech is protected by the 1st Amendment.
Term
Community for Creative Non-Violence v. Clark
 Definition
Expressive conduct of sleeping in public parks is subject to time, place, and manner rules.
Term
Rosenberger v. Virginia
 Definition
University that refused to fund a student publication on the basis of its religious content, amounted to view point discrimination.
Term
Fighting Words Doctrine (Chaplinsky v. New Hampshire)
 Definition
Unprotected insulting speech said "in your face" and tends to incite immediate physical reaction.
Term
Farmers Educational Coop. Union of America v. WDAY
 Definition
Broadcasters cannot be held responsible for libelous political campaign broadcasts or ads.
Term
Milkovich v. Lorain Journal
 Definition
Passing a provably false accusation as an opinion can be libelous.
Term
Hustler Magazine v. Falwell
 Definition
To collect damages for intentional Infliction of emotional distress, public figures must show New York Times actual malice.
Term
New York Times v. US (National security exception)
 Definition
In times of war, prior restraint can be applied to material whose publication would lead to direct, immediate& irreparable damage to the US and its people.
Term
Gertz v. Welch (Negligence or journalistic malpractice)
 Definition
Libel standard for plaintiffs who are private individuals is set forth in this case.
Term
Content-neutrality principle (US v. O'Brien)
 Definition
The government may not restrict expression because of its message, its ideas or its subject matter.
Term
Curtis Publishing v. Butts
 Definition
Reporter who relied on an unreliable source and did not interview parties adversely mentioned in a sports scandal story, is liable for journalistic malpractice.
Term
Ward v. Rock Against Racism
 Definition
Reasonable governmental control of the manner in which he right of free speech is exercised is under the 1st Amendment.
Term
Bose Corp. v. Consumers Union.
 Definition
For purposes of trade libel litigation, a well-known company is a 'public figure.'
Term
Vortex or limited purpose public figures
 Definition
Individuals who thrust themselves in the midst of a public controversy with a view of affecting its outcome.
Term
Board of Airport Commissioners v. Jews for Jesus
 Definition
Banning all "1st Amendment activities" in an airport terminal is a violation of the 1st Amendment.
Term
Intrusion on the physical solitude of a person
 Definition
Publication is not a necessary element in suits for violation of this branch of privacy law.
Term
Doctrine of Incorporation (Gitlow v. New York)
 Definition
What Congress cannot do under the 1st Amendment, states cannot do under the 14th Amendment.
Term
Dietmann v. Time
 Definition
The 1st Amendment is not a license to intrude, steal, illegally record, or fraudulently gain access.
Term
Edwards v. Nationa Audubon Society
 Definition
Neutral reportage of controversy not initiated by the media is protected newsgathering.
Term
Privileged communications
 Definition
Constitutional privilege that grants members of Congress immunity from suits based on remarks made on the floor of either house; judges, lawyers, and the parties in court trials.
Term
Electronic Communications Privacy Act of 1986
 Definition
Act that bars government from monitoring the communications of Americans without court authorization.
Term
"Publication with knowledge of falsity or showing a reckless disregard for the truth."
 Definition
Political definition of New York Times actual malice.
Term
The USA PATRIOT Act
 Definition
Federal anti-terrorism statute that allows roving wiretaps of terrorism suspects in the US.
Term
Proverbs 22 ("A good name is better than riches, an loving favor than silver and gold.")
 Definition
Source of law of defamation and libel in the common law countries.
Term
AFDI v. MTA of New York
 Definition
An offensive political advertisement in a subway is protected by the First Amendment.
Term
Cyberbullying
 Definition
Illegal act of harassing, stalking and threatening victims online.
Term
Viewpoint discrimination (Nieto v. Flateau)
 Definition
Banning anti-Islamic decals while allowing pro-Islamic bumper stickers in a military base is viewpoint discrimination.
Term
Minneapolis Star-Tribune v. Minnesota Commissioner of Revenue
 Definition
Discriminatory and censorious taxation that targets the media is unconstitutional.
Term
Clear and present danger test in Brandenburg v. Ohio
 Definition
Hate speech can be punished only if it is directed at producing imminent lawless action.
Term
Libel per quod
 Definition
Libel uttered in the context of a story.
Term
Cox Broadcasting v. Cohn
 Definition
The media are free to report information from official records available in open court.
Term
United States v. Barrett
 Definition
Stalking a celebrity and taking keyhole videos of her in a hotel is criminal interstate stalking and invasion of privacy.
Term
Definition of defamation and libel
 Definition
Statement that tends to expose a person to hatred, ridicule or contempt.
Term
Cinel v. Connick
 Definition
Secret videotape of priestly child molestation is a matter of public concern and should be broadcast
Term
Texas beef Group v. Winfrey
 Definition
Broadcaster who declared that she would not eat hamburgers because of mad cow disease is not liable for product disparagement.
Term
Te fair comment and fair criticism privilege.
 Definition
Review of books and other works subject to public scrutiny is covered by this principle.
Term
Virginia v. Black
 Definition
Cross-burning is hate speech but it can only be criminalized if it posses a true threat and intimidates people on the basis of race.
Term
Slander per se
 Definition
Accusing a woman of moral turpitude or having loathsome sexually transmitted disease.
Term
Florida v. Globe
 Definition
When the name of a rape victim has been publicized, punishing a media outlet for republishing the name is unconstitutional.
Term
Village of Skokie v. National Socialist Party
 Definition
Under the 1st Amendment, states cannot prohibit gate groups from marching in public streets.
Term
Communications Decency Act of 1996
 Definition
Online Service Providers are distributors like libraries and bookstores which cannot be liable for the defamatory content they may carry unless they have knowledge of such content.
Term
Khawar v. Globe
 Definition
Reporting a false accusation that a private individual murdered Robert Kennedy is libel per se, not neutral reportage.
Term
Saeig v. City of Dearborn
 Definition
Banning religious leafleting in a festival held in a public forum violates the 1st Amendment.
Term
Papish v. University of Missouri Curators
 Definition
Content-based regulation of indecent cartoons on campus violates the 1st Amendment.
Term
Bartnicki v. Vopper
 Definition
The media may publish or broadcast material obtained through illegal intrusion by a third party.
Term
Brownmark Films v. Comedy Partners
 Definition
A parody of a viral Youtube video is protected under the fair use provisions of the Copyright Act.
Term
Warren & Brandeis ('The Law of Privacy').
 Definition
Origin of the law of privacy in the US.
Term
Boyles v. Kerr
 Definition
Secretly recording consensual sex in one's home is neither invasion of privacy not negligent infliction of emotional distress.
Term
Paparazzi (Galella v. Onassis).
 Definition
Freelance photographers who take pictures of celebrities for supermarket tabloids.
Term
The right to be left alone.
 Definition
Definition of the concept of "privacy" in the US v. Katz.
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