COM Law Exam 3

Question 1

Advertising

Answer 1

Commercial Speech

Question 2

Advertising does not get 1st Amendment protection

Answer 2

Commercial Speech Doctrine

Question 3

1942
Commercial Speech Doctrine
pure commercial transaction

Answer 3

Valentine v Christensen

Question 4

Why is advertising 2nd class speech?

Answer 4

It can be regulated
Tobacco ads highly regulated since 1971

Question 5

Regulates competition between companies’ advertisements

Answer 5

Federal Trade Commission

Question 6

1975
Established 1st Amendment protection for advertising

Answer 6

Bigelow v Virginia

Question 7

1976
Could not advertise price of meds to cut out business aspect of pharmacy
pure commercial transaction

Answer 7

Virginia Board of Pharmacy

Question 8

Central Hudson Test

Answer 8

Used to determine when commercial speech could be regulated under the 1st Amendment
1. Is this product legal?
2. Government interest?
3. Does regulation work?
4. Narrowly drawn?

Question 9

does this claim affect the purchasing?
20-25% being fooled

Answer 9

Material Claim

Question 10

takes care of 90% of complaints

Answer 10

Consent Degree

Question 11

takes care of the other 10% (mostly)
fine of $10,000 a day if ignored

Answer 11

Cease and Desist

Question 12

mandatory court order
if disobeyed, jail time will be enforced

Answer 12

Injunction

Question 13

an activity that doesn’t make a claim, thus can’t be misleading

Answer 13

Puffery

Question 14

FTCC will look at a campaign and see if it looks ok, but it’s not binding

Answer 14

Advisory Opinion

Question 15

give a complete copy of the entire campaign to FTCC and if they say ok, it’s binding but you cannot change anything about the campaign if you go ahead with it

Answer 15

Binding Opinion

Question 16

1931
prior restraint on publication violates freedom of the press

Answer 16

Near v Minnesota

Question 17

1933
federal government brought charges against book because of racy parts and threatened to block book from being shipped into the US
judge woolsey gave a court opinion upholding the value of the book

Answer 17

US v Ulysses

Question 18

1868
anything unfit for children
Hicklin’s Test
a publication can be judged for obscenity based on the isolated part of the work considered out of the context

Answer 18

Regina v Hicklin

Question 19

1957
obscenity is NOT protected under the first amendment
if material is “utterly without redeeming social importance”

Answer 19

Roth v US

Question 20

Miller Test (p1)

Answer 20

whether the average person applying contemporary community standards would find the work, taken as a whole, appeals to the prurient interest

Question 21

Miller Test (p2)

Answer 21

material being described must be depicted in a patently offensive manner
sexual conduct must be specifically defined by the applicable state law

Question 22

Miller Test (p3)

Answer 22

SLAPS test - must lack serious literary, artistic, political, or scientific value (only has to violate one to be considered obscene)

Question 23

1973
SLAPS Test

Answer 23

Miller v California

Question 24

1969
helped to establish an implied “right to privacy” in the form of mere possession of obscene materials

Answer 24

Stanley v Georgia