Chapter 5 Flashcards
Commercial speech, even though generally protected by the First Amendment, can be silenced if it concerns unlawful activity or is misleading.
True
Some states are seeking a legal ban on using the word “milk” for drinks made with plants, such as almond milk.
True
Which of the following is NOT protected by copyright law?
an author’s creative ideas
Copyright laws do not protect ____________.
Facts
All works published in the United States before 1924 are _____________.
Public Domain
Copyright owners can increase their copyright protection by registering it with ____________.
the U.S. Copyright Office
Generally, use of a small portion of somebody else’s work in a non-competitive way and to benefit the public is considered _____________.
Fair Use
A trademark is __________________.
a word, symbol or phrase used to identify a particular manufacturer or seller’s products and distinguish them from the products of another
Sometimes other aspects of a product, such as its color or its packaging, can have trademark protection.
True
The Nike “swoosh” cannot be trademark protected.
False
Although commercial speech is protected under the First Amendment, it does not receive as much free speech protection as noncommercial speech.
True
The case of Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc. (1976), the Supreme Court stressed free speech rights and the listener’s right to ____________.
receive information
Falsely claiming to be an impartial reviewer of a product or service is called ______________.
sockpuppeting
Through Central Hudson Gas and Electric Corp v. Public Service Commission (1980), the Supreme Court developed a four-pronged test to determine restrictions on commercial speech. According to the test, ________________ commercial speech is not protected by the First Amendment
fraudulent or illegal
The Puerto Rican government was able to stop casinos from advertising to residents under the Central Hudson test because the government has an interest of preventing gambling and to protect its citizens’ health, safety and welfare.
True
