COM Law Exam 2

Question 1

Mahoney v. Levy

Answer 1

2021
public school violated the First Amendment when it disciplined a student cheerleader for profane off-campus speech

Question 2

Morse v. Fredricks

Answer 2

2005
bong hits for jesus
First Amendment does not prevent school administrators from restricting student expression that reasonably is viewed as promoting the use of illegal drugs

Question 3

Papish v. Missouri

Answer 3

1974
reaffirmed that public universities cannot punish students for indecent or offensive speech that does not disrupt campus order or interfere with the rights of others

Question 4

negative injunction

Answer 4

court order to not do something

Question 5

licensing

Answer 5

the gov. could control the print by only licensing papers they trusted

Question 6

O’Brien v. U.S.

Answer 6

1971
criminal prohibition against burning a draft card did not violate the First Amendment’s guarantee of free speech

Question 7

Strict Scrutiny

Answer 7

pure speech
compelling interest in regulation

Question 8

Intermediate Scrutiny

Answer 8

aka O’Brien scrutiny
important/substantial

Question 9

Defamation

Answer 9

the act of communicating to a third party false statements about a person that result in damage to that person’s reputation

Question 10

Identification

Answer 10

if group >100, group libel is not possible; if group <10, libel is automatic

Question 11

Publication

Answer 11

you don’t have to prove anyone heard it, just that it was communicated; for newspaper, you have to prove someone read it

Question 12

Fault

Answer 12

depends on who the plaintiff is

Question 13

Falsity

Answer 13

is it true or not?

Question 14

Negligence

Answer 14

simple to prove
only private individuals need to prove it

Question 15

NYTimes v. Sullivan

Answer 15

1964
justices ruled that a newspaper had to print false and malicious material deliberately in order to be guilty of libel

Question 16

Actual Malice

Answer 16

“knowing falsehood OR reckless disregard for the truth”
applies only to public officials

Question 17

Curtis Publishing v. Butts

Answer 17

1967
established standard of First Amendment protection against defamation claims brought by private individuals

Question 18

Rosenbloom v. Metromedia

Answer 18

1971
The knowingly and recklessly false standard for defamatory statements should apply to private individuals as well as public officials.

Question 19

Absolute Privilege

Answer 19

if you report an accurate libelous fact at an official proceeding it is protected

Question 20

Plurality

Answer 20

opinion doesnt get a majority but gets more than any other in the case

Question 21

Gertz v. Welch

Answer 21

1974
protection against defamation claims brought by private individuals

Question 22

Limited public figure test

Answer 22

Has to be a public controversy
Person has to be voluntarily involved in public controversy
For purpose of affecting the outcome

Question 23

Compensatory

Answer 23

money used to compensate for libelous damages

Question 24

Punitive damages

Answer 24

punishing libelous staters via monetary damages

Question 25

Valentine v. Christensen

Answer 25

1942
commercial speech in public thoroughfares is no constitutionally protected

Question 26

Armstrong v. WESH

Question 27

Florida Star v. B.J.F.

Answer 27

1989
media not allowed to publish SA victim names
FS published name and was sued for disclosure of private facts
FS won

Question 28

Griswold v. Connecticut

Answer 28

1965
right to privacy was created

Question 29

Sipple v. San Francisco

Answer 29

1984

Question 30

Appropriation

Answer 30

aka commercialization
somebody making profit off of someone else’s name or likeness

Question 31

Wilson v. Layne

Answer 31

2002
press can no longer join police on private property without owners’ permission

Question 32

Hustler v. Falwell

Answer 32

intentional infliction of emotional distress
rhetorical hyperbole (so outlandish the case fell through bc no one would believe it was factual)

Question 33

copyright

Answer 33

work needs to be creative and original to be considered
included in article 1, section 8, clause 8 of the constitution (1790)

Question 34

ideas are not copyrightable

Answer 34

expressions of ideas are

Question 35

facts are not copyrightable

Answer 35

the way you use facts can be

Question 36

Eldred v. Ashcroft

Answer 36

2003
Eldred wanted to sell things that fell into public domain to make money; Eldred challenged CTEA and lost

Question 37

CTEA

Answer 37

copyright term extension act

Question 38

Sony v. Universal City Studios

Answer 38

1978
UCS sued for copyright infringement
ruled that the making of individual copies of complete television shows for purposes of time shifting does not constitute copyright infringement, but is fair use

Question 39

Napster v. A&M Records

Answer 39

1999
was held liable for contributory infringement and vicarious infringement of the plaintiff’s copyrights

Question 40

Grokster v. MGM Studios

Answer 40

2005
providers of software that was designed to enable “file-sharing” of copyrighted works may be held liable for the copyright infringement that takes place using that software

Question 41

Harper and Row v. The Nation

Answer 41

1985
public interest in learning about a historical figure’s impressions of a historic event was held not to be sufficient to show fair use of material otherwise protected by copyright

Question 42

Campbell v. Acuff-Rose

Answer 42

1994
parodies are fair-use