Chapters 8-12 Flashcards

Question

US v. American Library Association

Answer 1

Restrict people's access to certain sites on library computers

Answer 2

Facebook "Liking" is protected under the 1st Amendment

Answer 3

Various attempts to protect copyright contents

Answer 4

Unconstitutional to use a FLIR to scan someone's house to find probable cause and issue a warrant.

Answer 5

Your workplace can monitor communication on devices they issue.

Answer 6

Commercial speech can be regulated by the government and is not protected under the 1st amendment

Answer 7

Supreme Court struck down a bill that prohibited Jehovah's Witnesses from passing out handbills door-to-door

Answer 8

Established the government's ability to regulate commercial door-to-door solicitatoin

Answer 9

Established the government's ability to regulate materially deceptive commercials

Answer 10

Established the protection of Advertisements under the 1st Amendment given that the advertisement is true and in the public's interest, and is more than just a commercial transaction

Answer 11

Supreme Court struck down a ban of prescription drug advertisements. The public has an interest in the free flow of information.

Answer 12

Establishes a corporation's right to make political contributions

Answer 13

New York proposes a bill to ban electrical advertisements during an energy crisis. Supreme Court establishes that this is unconstitutional and creates a four part test for advertisement laws.

Answer 14

1) Is the expression protected by the First Amendment? 2) Is there substantial government interest in the expression at hand? 3) Does the regulation directly advance the governmental interest asserted? 4) Is the regulation more extensive than is necessary to serve that interest?

Answer 15

The method to regulate commercial expression must be narrowly tailored and directly serves the goal at hand.

Answer 16

This case allows the government to regulate the commercial advertisement of gambling activities. Will later be used as precedence for the regulation of other activities and products related to gambling to include the sale of Alcohol and Tobacco

Answer 17

The Supreme Court allows beer companies to advertise their alcohol content on their products. Ruled that the former regulation did not directly advance the governmental interest.

Answer 18

The Supreme Court struck down a notion by Rhode Island to ban the advertisement of alcohol prices because it violated the third part of the Central Hudson Test.

Answer 19

The Supreme Court struck down a notion by Massachusetts for a ban of Tobacco advertisements within 1000 ft. of Schools and Playgrounds because it violated the fourth part of the Central Hudson Test.

Answer 20

Allows companies to sue other companies if they can prove that they suffered a commercial harm through falsehood.

Answer 21

The practice of avoiding governmental supervision by establishing internal checks on content such as the MSRB and TV Parental Guidelines.

Answer 22

Personnel are still considered an insider even if they are not directly working on a specific case if they are part of that organization.

Answer 23

Tort as a result of negligence

Answer 24

Tort as a result of intentional actions

Answer 25

Torts that imposes liability without establishing fault. The Claimant only needs to establish that a tort occurred and that the defendant was responsible.

Answer 26

Public Relations practitioners must inform the public of the harmful nature of commercial products.

Answer 27

- Defendant must owe the plaintiff a "duty of care" - Defendant must have breached the "duty of care" - Plaintiff must have been injured or harmed - The breach must have caused the harm

Answer 28

If you sell a product, you are liable for what it does and whether or not it's defective.

Answer 29

1) a false statement that is material - substantially central to a person's decision 2) knowledge of that falsity on the part of the communicator 3) an intention to induce others to make economic decisions based upon the statement 4) damages caused by reliance on the statement

Answer 30

1) There was some sort of a contractual or beneficial business relationship between two parties 2) The defendant was aware of the relationship 3) the defendant intentionally caused a breach in that relationship 4) damage resulted

Answer 31

1) Offer - representation in either oral or written form that binds the parties to certain obligations and provides them with given rights 2) Consideration - the price or value that is exchanged by both parties 3) Acceptance - act of where the offeree accepts the terms of agreement by the offeror in traditional forms 4) Mutuality - both parties must come to understand the terms and provisions of a contract

Answer 32

Campaign expenditures are protected under the 1st Amendment although contributions may be limited.

Answer 33

Established that a corporation's communications is considered commercial speech and is subject to regulation.

Answer 34

Established the powers of the FCC over indecent material as applied to broadcasting.

Answer 35

Entertainment Software Ratings Board A self-regulatory organization that assigns assigns age and content ratings, enforces industry-adopted advertising guidelines, and ensures responsible online privacy principles for computer and video games.

Answer 36

Direct Broadcasting Satellite DirectTV and The Dish Network

Chapters 8-12 Flashcards

(60 cards)