Final

Question 1

Why have we seen a growth in right to publicity lawsuits recently?

Answer 1

Movement from a rural to urban society Sensational journalism, celebrity culture Lack of privacy on the Internet, Social Media, we as a society are giving our privacy away in many aspects

Question 2

Can someone sue for publicity of private facts whose photo is taken without their permission while they are walking down a public street?

Answer 2

No, because they are not intruding into that individual’s “solitude” or publishing private information about the individual

Question 3

The Booth rule is applicable in which of the four varieties of invasion of privacy?

Answer 3

Appropriation

Question 4

What is the Booth rule?

Answer 4

The use of a person’s name or likeness in an advertisement for a media product is usually not regarded as an appropriation if the name or likeness has been or will be part of the content

Question 5

What are the four varieties of invasion of privacy?

Answer 5

Appropriation of name or likeness for trade purposes Intrusion upon an individual’s solitude Publication of private information about an individual- not of legitimate public interest Publishing material that puts an individual in a false light- closest to libel, least used

Question 6

The use of an individual’s photo without consent on the cover of a novel would be considered?

Answer 6

Appropriation, the use of name or likeness for trade purposes

Question 7

Legislation adopted by states and the federal government since the terrorist attacks of 9/11 has placed national security interests above the right to privacy.

Answer 7

Know this

Question 8

What are the circumstances in which written consent may not suffice as a defense in an appropriation case? 3 instances

Answer 8

Consent today may not be valid in the distant future Some people (minors, wards of the state) cannot give consent Consent to use a photograph does not apply if the image is materially altered or changed

Question 9

What must a plaintiff show to win a lawsuit for the publication of private facts?

Answer 9

That the info was private, there is no public interest, would be offensive to a reasonable person

Question 10

The publication of the name of the victim of a rape is regarded as?

Answer 10

An ethical reason rather than a legal one

Question 11

Which of the four invasion of privacy torts has received the least recognition by state courts?

Answer 11

False light

Question 12

What must a plaintiff, who is suing for the publication of private facts, prove to the court to win his or her suit?

Answer 12

That the story published was not of legitimate public interest

Question 13

Under the federal Freedom of Information Act, a government agency has how many working/business days to respond to a request for records after it receives the request?

Answer 13

20 business days

Question 14

Which records are not subject to the federal Freedom of Information Act?

Answer 14

National security matters (used most) Housekeeping materials Material exempted by statute Trade secrets Working papers and lawyer-client privileged documents (used most) Personal privacy files Law enforcement records Financial institution materials Geological data

Question 15

In making federal FOIA requests, representatives of the news media receive what?

Answer 15

They pay no search fees and receive copies of one hundred pages free, not treated much differently than members of the public

Question 16

When it comes to journalists recording and taping telephone conversations, the vast majority of states fall into what consent category?

Answer 16

One-party consent, which require reporters to obtain permission from one party before recording (most states) All-party consent states, which require reporters to obtain permission from all parties before recording (CA, FL, IL)

Question 17

As described in the textbook, define trespass.

Answer 17

Trespass is an intentional, unauthorized entry onto land that is occupied or possessed by another

Question 18

Identify the four factors articulated by a federal judge in 2009 for determining whether a government agency as sufficient “control” over a document to render it an “agency record” for purposes of the federal Freedom of Information Act.

Answer 18

If record is created or obtained by an agency, and under agency control at the time of the FOIA request, it is very likely an agency-record. If the agency has created the document but does not possess or control it, it is not an agency record. If the agency merely possess the document, but has not created it, it might or might not be an agency record.

Question 19

In determining whether a First Amendment-based privilege protects journalists from revealing confidential information and/or confidential sources in criminal trials in which the defendant is seeking the information, courts must balance the First Amendment against which other amendment?

Answer 19

Sixth amendment

Question 20

Ten of 12 of the federal appellate courts have ruled that the First Amendment provides at least limited or qualified protection for reporters who are asked to testify or produce photos or materials in proceedings other than which proceeding?

Answer 20

Grand jury hearings

Question 21

As of 2011, the only state that did not recognize some form of a privilege (be it statutory, common law or constitutional) for journalists seeking to preserve the confidentiality of sources or information was?

Answer 21

Wyoming

Question 22

Set forth the three questions that courts typically ask in a civil lawsuit in determining whether a qualified reporter’s privilege not to testify should be overcome.

Answer 22

Is the information of certain relevance in the case? Does the information go to the heart of the issue before the court? Can the person who wants the information show there is no other source for the information?

Question 23

The definition of an impartial juror under the law is one who??

Answer 23

Must be free of deep impressions and beliefs that will not yield to the evidence that is presented during the trial (U.S. v. Burr, 1807) “…need not…be totally ignorant of the facts and issues involved” (Murphy v. Florida, 1975) The high court is willing to permit jury service by a person who possesses knowledge or has an opinion about a case, so long as: The knowledge or opinions are not so closely held that they cannot reasonably be put aside in face of evidence; and The publicity surrounding the case is not so widespread and prejudicial as to render a potential juror’s assurances of impartiality as unbelievable

Question 24

When a change of venue is granted in a state court, the judge is free to move the trial where?

Answer 24

A distant county, within the state

Question 25

During the voir dire process in a criminal trial, both the state and the defense have a(n) limited or unlimited number of peremptory challenges?

Answer 25

A limited number

Question 26

Since the Supreme Court ruling in the Nebraska Press Association case, restrictive orders against the press have almost disappeared.

Answer 26

Know this

Question 27

What are three processes or legal devices a trial judge can use to try to ameliorate or remedy the effects of mass media publicity about a case?

Answer 27

Voir dire Change of venue Change of veniremen- imports jurors from distant communities Continuance Admonition Sequestration

Question 28

In court rulings on whether trials are presumptively open or closed, what has the Supreme Court and lower federal and state courts ruled?

Answer 28

open

Question 29

When considering whether to permit the broadcast of evidence in a criminal case, a court should consider what?

Answer 29

Was the material introduced into evidence in open court, or have written transcripts of the material been provided? Could broadcast of the material prejudice the fair trial rights of the defendant? What people are on the audio- or videotape? Will airing the tape serve a public purpose?

Question 30

To overturn a conviction in a trial that has been televised, the defendant must show?

Answer 30

Unfair prejudice, made a substantial difference in the outcome of your trial

Question 31

While cameras are generally permitted in almost all state courts, what are the restrictions?

Answer 31

Summary jury trial Grand jury proceedings Juvenile cases Federal court Supreme court

Question 32

On a national basis, a single entity may own television stations reaching up to what maximum percentage of the national TV viewing audience?

Answer 32

A single company or individual may own television stations whose signals reach no more than 45 percent of the total national viewing audience.

Question 33

Which are the three traditional policy objectives of the FCC that are supposed to serve the public interest?

Answer 33

Competition Diversity Localism

Question 34

Television stations are licensed by the FCC for how many years?

Answer 34

They renew their license every eight years

Question 35

Which area of broadcast programming is regulated most heavily?

Answer 35

Children’s programming

Question 36

In March 2004, the FCC concluded that U2 singer Bono’s acceptance speech during the Golden Globes Award program made the NBC broadcast of that program what?

Answer 36

indecent

Question 37

The FCC’s safe-harbor zone for when indecent content may be broadcast on television without facing legal action from the FCC is from?

Answer 37

The term "safe harbor" refers to the hours during which broadcasters may transmit material deemed indecent for children. This "safe harbor", enforced by the Federal Communications Commission, extends—legally—from 10 PM to 6 AM and was established by the US Supreme Court case FCC v. Pacifica

Question 38

Under Section 315 of the Communications Act, the term equal opportunity means equal time, equal facilities, comparable costs (deals with political programming and people running for office)

Answer 38

Know this

Question 39

To fall within the FCC’s definition of indecency, the content must relate to what?

Answer 39

Language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs.

Question 40

The V-chip is designed to allow parents to do what?

Answer 40

block out violent programming

Question 41

Identify the four types of TV or radio appearances by a candidate for political office that are not governed by the Equal Opportunity Rule.

Answer 41

Appearance in a bona fide newscast. Appearance in a bona fide news interview show. Appearance in the spot news coverage of a bona fide news event. Incidental appearance in a news documentary

Question 42

The first recorded obscenity prosecution in the United States occurred in??

Answer 42

1815

Question 43

The First Amendment does not protect the production, distribution, and possession of child pornography.

Answer 43

Know this

Question 44

The current test for determining whether material is obscene was created in which one of the following U.S. Supreme Court cases?

Answer 44

The Miller Test

Question 45

What is the Miller test?

Answer 45

An average person, applying contemporary local community standards, finds that the work, taken as a whole, appeals to prurient interest The work depicts in a patently offensive way sexual conduct specifically defined by applicable state law The work in question lacks serious literary, artistic, political or scientific value

Question 46

Before the government can prosecute a bookseller or magazine vendor for selling obscene books or magazines, it must show the court that the defendant had scienter, which is?

Answer 46

Guilty knowledge; whether the defendant was knowledgeable about the contents before it was sold, published, or distributed

Question 47

Under the third prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must determine if the speech in question lacks what?

Answer 47

Serious literary, artistic, political, or scientific value

Question 48

Under the first prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must determine if the speech in question appeals to what?

Answer 48

Prurient interest

Question 49

Lenny Bruce was convicted of performing an obscene comedy routine in Chicago

Answer 49

Know this

Question 50

Under the first prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must consider how the material in question would be viewed by…?

Answer 50

An average person

Question 51

Explain how some states are addressing the problem of “sexting” by minors through new legislation and why states need to adopt new laws to address “sexting” by minors.

Answer 51

Someone over 18 who is engaging in sexting with a minor, problems are two people under 16 could be “sexting” and that is not illegal, page 501 in book

Question 52

Explain the legal relevance of the term “pornography” in the United States.

Answer 52

This term has no legal significance but is often used by laypersons and politicians to describe anything from real obscenity to material that is simply offensive to a viewer