Media Law Test 1

For those of you who have misplaced your test....here it is. For students in Kingsville, it is due Friday. For Brent in San Antonio, it is due Monday. Students in Kingsville please turn in a hard copy in class. Brent...email or blog..your call...thanks

Media Law Test No. 1

Name_____________________Grade_____Date_______

I. Multiple Choice: Please circle the correct answer and mark the letter you selected on the space provided beneath each multiple choice question. Please be neat. Each is worth 1 point.

1. Media Law is largely based on:
a. the constitution, b. common law, c. state law, d. court decisions.
____

2. The highest ranking court in the land is the:
a. Texas State Supreme Court, b. The Supreme Court, c. 9th Court of Appeals, d. 999th District Court.
____

3. The Court that ranks right below the highest ranking court in the land when it comes to federal cases or federal matters is:
a. the Appellate Court System b. The U.S. Customs Court, c. The U.S. Court of Appeals, d. The Texas Court of Criminal, Civil and Drug Appeals.
____

4. U.S. District Courts are referred to as:
a. unconstitutional, b. common law courts , c. trial courts, d. appellate courts.
____

5. U.S. Courts of Appeals are referred to as:
a. unconstitutional, b. common law courts , c. circuit courts, d. appellate courts.
____

6. The number of justices in the U.S. Supreme Court is:
a. 3, b. 5 , c. 7, d. 9, e. 12
____

7. All of the following are identified as “types of law” in your text except:
a. Constitutional Law, b. Common Law , c Statutory Law, d. Administrative Law, e. Criminal Law, f. Civil Law, g. Court Law.
____

8. Common Law developed out of:
a. Ordinary court decisions that kept happening over and over and over again, b. the English Court system through the years , c. a combination of American, Texas, Spanish and Mexican court decisions d. circumstances surrounding the Law West of the Pecos and truly very common.
____

9. In criminal law proceedings of guilt must be proved:
a. beyond a reasonable doubt, b. the vast preponderance of evidence presented, c. by showing a weapon that committed the crime and a body of the dead person, d. before the case goes to trial.
____

10. In civil law proceedings of guilt must be proved:
a. beyond a reasonable doubt, b. the vast preponderance of evidence presented, c. by showing a weapon that committed the crime and a body of the dead person, d. before the case goes to trial.
____

11. A current piece of legislation that was renewed by Congress in 2006 has cut into our country’s legacy of freedom, according to some experts, is:
a. The Freedom of Information Act, b. The Texas Open Meetings and Records Act, c. The 10 Percent Rule of Education, d. The USA PATRIOT Act.
____

12. English philosopher John Milton was one of the first advocates for freedom of expression. He is famous for his worked titled:
a. The Federalist Papers, b. Areopagitica, c. The Bill of Rights, d. Aerodynamics.
____

13. John Locke was also an early advocate for freedom of expression for the people and he said that government should serve the people, and not the other way around, presented the following idea when it comes to freedom:
a. The Marketplace of Ideas, b. The Social Contract With The People, c. The Bill of Rights, d. We The People, in Order to. . . . .
___

14. Among of the earliest forms of limiting freedom of expression used by primarily by British rulers was:
a. Licensing, b. Published by Authority, c. E Pluribus Unum, d. Seditious Libel, e. A, B and C are correct, f. None of the Above.
____


15. The First Amendment gave our country freedom of expression and freedom of the press. The first challenge to this First Amendment:
a. Did not occur until President George Bush and his administration authored the USA PATRIOT Act in 2000, b. Came when James Franklin was jailed, forcing Ben Franklin to take over his brother’s printing press and newspaper in 1712, c. When John Peter Zenger was jailed for seditious libel by Gov. William Cosby of New York in 1734, d. When Congress passed the Alien and Sedition Acts of 1798.
____


16. In our country, laws that prohibited the distribution of newspapers and other material advocating the abolition of slavery were known as:
a. Patriot Laws, b. Gag Laws, c. by showing a weapon that committed the crime and a body of the dead person, d. before the case goes to trial.
____

17. The Smith Act, an attachment to the Alien Registration Act of 1940, made it a crime to:
a. Enter the United States illegally, especially if you were from a Latin American Country, b. advocate the violent overthrow of the U.S. government by force, c. proselytize for groups asking for the violent overthrow of the U.S. government, d. refuse to enlist in the military and go fight in the coming World War II, e. both b and c are correct, f. none of the above.
____

18. After the most recent Supreme Court rulings, “cross burning” and “hate speech” are:
a. Still considered crimes against our country and humanity, b. ruled to be out of order by the Political Correctness Committee of the United States Senate, c. protected by the First Amendment, d. going to be added to the Bill of Rights as soon as possible.
____

19. In our country, the sidewalks and streets are considered to:
a. places of public access and can be used by protestors, b. be on private or city property and can not be used to hold protest rallies, c. be the right place and the right time to arrest those who feel they have a right to protest issues in our country, d. be the best in the world, thank God.
____



20. In our country, the media:
a. can publish confidential information on people, especially when it is
obtained legally, b. must abide by laws prohibiting the publication of
confidential information, c. respect the privacy of all, even in public places, d. is considered an enemy of the state.
____

21. In our country, prior restraint would be legal if the government:
a. got to the newspaper or television station prior to deadline and confiscated all the tapes and/or notes or photographs, b. can show that the journalists involved are members of the Communist Party and not loyal to the United States, c. can prove that irreparable harm to national security would otherwise occur, d. has people with “guts” to stop such nonsense.
____

22. Speaking of prior restraint, a good working definition of the term is:
a. an act of self defense against those who would overturn the American way of life, b. an act of political defiance against those who speak badly about our president and his associates, like Dick Cheney, et. al., c. what all good lawyers must learn to defend if they expect to work in U.S. government cases, d. an act of government censorship to prevent facts or ideas that the government considers unacceptable from being disseminated.
____

23. In recent years, when it comes to libel and slander by the media:
a. the differences between the two are less important, as a result of several Supreme Court decision and the growing influence of the electronic media, b. the term libel is often use (even in our textbook) when referring to both types of defamation, c. both a and b are correct, d. none of the above.
____


24. Which of the following is not considered to an element of libel?
a. Defamation, b. Identification, c. Restraint, d. Dissemination,
e. Communication, f. Fault, g. Damages.
____

25. There are several defenses of libel that have been developed under Common Law and have been recognized for years. Those include all but which of the following?
a. Truth, b. Privilege, c. Identification, d. Fair Comment and Criticism.


26. The first step in analyzing any potential libelous item is to determine whether there is:
a. money to be made from this lawsuit, b. a plaintiff who may sue for libel, c. an attorney who will take the case, d. an action which is against our current president’s will and determination.
____

27. In our country, which of the following may not sue for libel?
a. A living person, b. a corporation c. an unincorporated business, d. heirs of a deceased person who was wronged and libeled by the media, e. government agencies, f. all of the above, g. only “d” and “e”.
____

28. In a libel suit, the burden of proof lies with:
a. the media organization that is being sued, b. the plaintiff, c. the U.S. Court of Appeals, d. the defendant.
____

29. There are different rules of libel for public figures (public officials) and private persons. The most noticeable of these difference is that:
a. those who thrust themselves in the public stage or are public officials must prove that there was “actual malice” involved in the publication of the libel, b. those who thrust themselves in the public stage or are public officials must prove only damages, c. those who thrust themselves in the public stage or are public officials must prove that their reputation has been harmed beyond redemption, d. private persons won’t even sue, cause if they do, they thrust themselves in the public forum and then they can’t sue for libel, because they become public figures, and they probably won’t win their lawsuit, anyway, and it’s a waste of time.
____

30. In many states, publishing a timely retraction – as prominently as the original libel claimed by the plaintiff – limits the plaintiff:
a. and his/her lawyers to stick to the facts, just the facts, b. special damages (i.e. provable monetary losses), c. to proving he is not a public figure, d. to using only actual malice as a matter of law.
____





31. In a “Right of Privacy” suit, when it comes to intrusion, this is possible when one party intentionally intrudes in to another’s seclusion or solitude in a manner that would be highly offensive to a reasonable person. This would include all of the following news gathering or surveillance elements except:
a. downloading information from MySpace that is readily available to all ,
b. eavesdropping,
c. electronic surveillance,
d. photographing someone using a high-power telephoto lens.
____

32. In order to win a lawsuit for publicity to private facts, the plaintiff must prove all but which of the following?
a. The facts were private, b. The disclosure is highly offensive, especially to a reasonable person, c. The information was of no legitimate public concern and was not newsworthy, d. Not even the family was aware of those private facts, but some friends were.
____

33. Misappropriation is tied to a person’s “Right to Publicity” in most states. That means that:
a. a person can do all those crazy things people do on MySpace and YouTube and not worry about being sued or suing someone if they pick up the video, b. a person has the right to call a press conference whenever, wherever and whatever time, c. those who use a person’s name, voice, photograph or any other element of his/her public persona for a commercial purpose must have consent, d. a person cannot be embarrassed for his or her action before being consulted and giving consent.
____

34. The U.S. Supreme Court has made it clear that:
a. Legally obscene material is protected by the First Amendment and may not be suppressed by local, state or federal authorities,
b. Legally obscene material is not protected by the First Amendment and may be suppressed by local, state or federal authorities under special circumstances
c. books like Sally Mann’s “Immediate Family,” the provocative class “Memoirs”, e.g. “Fanny Hill” and Madonna’s “Sex” are sexually explicit and should be banned,
d. d. it is perfectly alright to ban books because of one statement or photo that may be considered offensive to some whose prurient interest is aroused really badly and significantly.
____



35. One of the earliest standards of obscenity in the United States and England was:
a. Areogapatica, b. The Roth Test, c. the Hicklin Test, d. the Miller Test.
____

36. The rule or “test” which states obscenity can be defined by asking “whether to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest” is:
a. the Miller Test,
b. b. the Roth Test,
c. c. the Hicklin Test,
d. d. the Prurient Interest Test.

_____


37. The rule or “test” which said there is “no national standard” for obscenity and made it clear that local “community standards” could vary from place to place and that a work is legally obscene if, taken as a whole, lacks “serious literary, artistic, political or scientific value” is:
a. the Miller Test,
b. the Roth Test,
c. the Hicklin Test,
d. the Prurient Interest Test.
____

38. The Comstock Law was known as the Anti-Obscenity Act of 1873. This allowed:
a. Member of Congress to seize all material they wanted to look at before it was distributed or rule pornographic,
b. empowered postal workers to look for and banish works they considered obscene
c. the pastors of various religious groups to declare material not suitable for publication, distribution or to be seen in the eyes of God,
d. Libraries to issue warrants for the arrest of those whom they felt had written obscene materials or presented material in such a vulgar way that prurient interests would certainly rage in a community.
_____


39. In the movie “Dirty Pictures,” the photographer whose work was being questioned was?

a. Madonna
b. Sally Mann
c. Robert Mapplethorpe
d. James Woods
_____

40. Essentially, when it comes to pornographic and obscene material, the final analysis in U.S. Supreme Court rulings have said that:

a. Each separate work in collection must be reviewed for obscenity.
b. The work as a whole must be considered before being deemed obscene.
c. The “average person” and “community standards” will help determine obscenity.
d. The mayor of a town, police chief, district attorney can legally decide what the people there can see or not see.
e. All of the above
f. Only “b” and “c” are correct

_____

41. Prior restraint is

a. An act of government censorship to prevent facts or ideas that the government considers unacceptable from ever being disseminated.
b. What the government does to paparazzi photographers who cannot be controlled.
c. What should be done to talk show host like Rush Limbaugh and Bill O’Reilly.
d. What some students in this class should be done to Dr. Flores when he has lectured for an hour-and-a-half and is still going strong.

_____


42. In the Pentagon Papers decision, the Supreme Court ruled that prior restraint of the news media would be permissible. Which of the following is a correct enforcement of prior restraint?

a. Prior restraint is allowed if the government can prove irreparable hard to national security would otherwise occur.
b. Prior restraint of an article for a student newspaper is allowed at the university level because the article must be check by the University provost and maybe even the president.
c. Prior restraint is allowed if the city’s mayor or mayor’s staff has not reviewed an article about a city council meeting.
d. Prior restraint is applicable about any newspaper article or TV newscast involving the military or military actions during any proclaimed war or national civic activity.



43. Of the following, which did The Telecommunications Act of 1996 and an ensuing courts case (Zeran v. America Online) in the 4th Circuit Court declare applicable to internet communications:

a. Internet service providers (ISPs) are subject to libel cases just as other publishers or print newspapers or magazines were.
b. Internet service providers (ISPs) are not to be treated as publishers and held liable for the content6 of the messages they carry.
c. Internet service providers are free to screen out material they consider obscene or otherwise inappropriate without assuming liability for everything they do not screen out.
d. Online services are exempt from liability under state libel laws for any message posted by a third party.
e. All of the above are correct.
f. Only b, c and d are correct.

_____

44. To win a regular libel suit a plaintiff (the person suing) must prove all of the following except

a. Defamation
b. Identification
c. Publication
d. Appropriation

_____


45. In cases involving a libel suit of public concern the plaintiff must also prove

a. Distrust of the media and paparazzi
b. Fault and actual damages
c. Intrusion and sedation
d. Embarrassment and Outrage


46. All of the following are defenses for libel except:

a. Truth
b. Fair Comment and Criticism
c. Privilege
d. Defamation

_____


47. All of the following constitute an invasion of privacy under media law except:

a. Intrusion into a person’s physical solitude
b. Publication of private facts, causing embarrassment
c. Placing a person before the public in a false light
d. Appropriating a person’s name or likeness for commercial exploitation (misappropriation).
e. Defamation

_____


48. The defenses the news media has against invasion of privacy lawsuits are all of the below except:

a. Newsworthiness
b. Use of public record
c. Freedom of the Press to publish anything.
d. Consent

_____


49. All of the following are parts of the Miller v. California (1973) three prong test for obscenity except:

a. Meets the criteria of the original Roth Test – the average person, applying community standards.
b. Describes sexual content in a patently offensive way as judged by the average person, applying community standards
c. A part of the story or art exhibit or magazine is totally offensive and pornographic.
d. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.

_____

50. In the Miller v. California (1973) ruling, the Supreme Court made it clear that

a. Obscenity is a community issue and federal law must be followed.
b. Local community standards may vary from place to place
c. Works that have serious value as determined by objective standards cannot be censored anywhere
d. Both b and c are correct.

_____






II. Matching: Please match the lawsuit in Column A with the correct answer on Column B. Each is worth 2 points.

Column A Column B
1. The People v. Smith______ A. Gave the U.S. Supreme Court
power to declare acts of Congress
unconstitutional.

2. Marbury v. Madison_____ B. Extended First Amendment
protection to those accused
of seditious speech.

3. Schenck v. U.S._________ C. Said that “cross burning” and
“hate speech” was a protected
First Amendment right

4. Brandenburg v. Ohio _____ D. Established prosecution must

prove guilt “beyond a reasonable doubt”

in criminal case.

5. Near v. Minnesota _______ E. A violation of privacy occurs only when the intrusion is “highly offensive to a reasonable person.”

6. R.A.V. v. St Paul ________ F. The Supreme Court said that in all libel cases involving matters of public concern, the plaintiff must prove some degree of fault. The two levels of fault were “negligence” and “malice” in any case involving private citizens.

7. Texas v. Johnson _____ G. Established norms of obscenity as “patently offensive” and “utterly without redeeming social value.”

8. Lovell v. City of Griffin, Ga. _____ H. Liberty of the press is not confined to newspapers.

9. New York Times v. Sullivan _____ I. Flag desecration, and burning, is a protected First Amendment right,
in particular when it occurs in a political context.

10. Gertz v. Welch _____ J. Redefined Roth and Memoirs cases on obscenity and established community standards.

11. Lawrence v. Texas _____ K. The Supreme Court ruled that public officials who sue for libel or slander MUST prove “actual malice,” which was defined as publishing a “falsehood” with knowledge of its falsity, or with “reckless disregard for the truth”.

12. One Book Entitled ‘Ulysses v. U.S. _____ L. Established the “average person”, “contemporary community standards” and work “taken as a whole” standards for obscenity

13. Roth v. U.S. _____ M. Overturned a decision which said homosexual men do not have a right to privacy.


14. ‘Memoirs’ v. Massachusetts. ____ N. Overturned “the most susceptible
Person” ruling test of obscenity.


15. Miler v. California. _____ O. Established the “clear and
present danger” criteria to
freedom of speech conviction
cases.



16. Sanders v. ABC _____ P. Made it clear that “prior
restraints” to publication are
generally improper in the U.S.












III. Essay: Please answer the following essay questions briefly and succinctly. Use material covered in the lectures and text to fortify your answer. Write the answer below the question, type it on a computer or print it out or write the answer on an extra sheet of paper. Please try to use your book and do not, do not copy paste from a computer. Each is worth 5 points.


1. Citing some of the media law cases reviewed in class and remembering the discussions of the Sally Mann and Madonna books, explain the evolution of the definition of obscenity in the United States and explain why these two books are not considered to be against obscenity and pornography standards in our country.














2. Burning the United Stats flag is a sensitive issue. Cite some of the major cases involving flag desecration in the 20th century and reveal the status of flag- burning issues in our country at this time. Cite why you think it should or should not be a crime, in your own words. Refer to the First Amendment to give a complete answer.









IV. Remember: Please answer the following questions about the U.S. Supreme Court and court system in our country. This is worth 5 points.

1. How many justices are there in the U.S. Supreme Court, and how long may each justice serve?




2. Who is the Chief Justice of the Supreme Court and when was he/she appointed?



3. Are there any women in the U.S. Supreme Court? If so, name at least one.




4. What is the name of the Supreme Court Justice who said he would retire at the end of this Supreme Court term?



5. What is the name of the first Supreme Court Justice nominee submitted by President Barack Obama?




6. How many courts of appeals are there in the United States?



7. In regards to the Supreme Court, what is a writ of certiorari and how does it work?