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Media Law > Final > Flashcards

Final Flashcards

1
Q

Legal problems often arise when the ________ and the _______________ _____________ system intersect.

A

press; criminal justice

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2
Q

The quasi-news reporting of crime and the criminal justice system is at the heart of a long-standing matter that journalists and lawyers alike call the _______ _________ - ___________ ___________ controversy.

A

free press-fair trial

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3
Q

Trial level remedies for pretrial publicity:

A
  1. voir dire
  2. change of venue
  3. change of veniremen
  4. continuance
  5. admonition
  6. sequestration
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4
Q

The process where each prospective juror is questioned prior to being impaneled in an effort to discover bias is called:

A

voir dire

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5
Q

The court can, in order to impanel a jury of citizens who know much less about the case, move the trial to the second community. This change of location of a trial is called a ___________________________.

A

change of venue

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6
Q

When a continuance is granted, the trial is _______________.

A

delayed

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7
Q

The members of an impaneled jury are instructed by the judge to render their verdict in the case solely on the basis of the evidence preseented in the courtroom. Judges say they believe most jurors take _____________ quite seriously.

A

admonition

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8
Q

Describe sequestration of the jury:

A

Separating the jury from the community during a trial. Usually a jury is lodged at a hotel and members are required to eat together. In general, sequestration means to keep jurors away from other people. Exposure to news reports is also screened to shield jurors from information about the trial.

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9
Q

The Nebraska Press Association test for restrictive orders aimed at the press.

A
  1. There must be intense and pervasive publicity about the press.
  2. No other alternative measure might mitigate the effects of the pretrial publicity.
  3. The restrictive order will in fact effectively prevent prejudicial publicity from reaching potential jurors.
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10
Q

While the law regarding restrictive orderrs aimed at the press is generally clear and has evolved swiftly since 1976, the law regarding ____________ _________ barring participants from speaking or publishing about a case is ______ ____________ and is still developing.

A

restrictive orders; less distinct

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11
Q

Once a jury has completed its work and is dismisssed by the judge, the _______ becomes considerably ______________.

A

law; murkier

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12
Q

To determine whether the proceeding or document is presumptively open or not, the judge must ask a couple of questions:

A
  1. Whether this kind of hearing (or document, if access to a court record is involved) has traditionally and historically been open to the press and public
  2. Whether public and press access to this hearing will play a positive role in the functioning of the judicial press.
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13
Q

Press-Enterprise test for the closure of presumptively open judicial proceedings and documents:

A
  1. The party seeking closure (either the defendant or the government, although sometimes it is both) must advance an overriding interest that is likely to be harmed if the proceeding or document is open.
  2. Whoever seeks the closure must demonstrate that there is a “substantial probability” that this interest will be harmed if the proceeding or document remains open.
  3. The trial court must consider reasonable alternatives to closure.
  4. If the judge decides that closure is the only reasonable solution, the closure must be narrowly tailored to restrict no more access than is absolutely necessary.
  5. The trial court must make adequate findings and put them into the record to support the closure decision.
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14
Q

Traditionally, judicial hearings involving _____________ have been closed to the public.

A

juveniles

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15
Q

The Supreme Court has ruled that it is permissible for a state to attempt to ______________ the victim of a sexual assault by permitting the _____________ of a trial during the victim’s ________________.

A

protect; closing; testimony

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16
Q

Press and public access to _______________ courts is generally open under both ________________ _______ and the First Amendment.

A

military; military law

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17
Q

Since 1986 American courts have ___________ that a wide range of _______________ _________________ are presumptively open to the press and public.

A

ruled; judicial proceedings

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18
Q

Evidence that is introduced in open court is generally ________________.

A

accessible

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19
Q

Public and press access to court documents related to out-of-court settlements is routinely _____________.

A

denied

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20
Q

Tips for reproters when judicial hearing is closed:

A
  • Call the editor immediately to get a lawyer on the job.
  • Make a formal objection to closure.
  • Ask the judge to delay the closure until the lawyer arrives.
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21
Q

In 1976, ___________ and other recording equipment were barred from courtrooms in all but _______ states. Today such equipment is ______________ in at least some courtrooms in all 50 states.

A

cameras; two; permitted

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22
Q

Cell phones, laptops, tweets, and texts: What about their use by others in the courtroom? ______________, _______________, ________________? These legal questions are just beginning to be asked and unfortunately, many of the answers are tentative.

A

Reporters, bloggers, spectators

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23
Q

Which Supreme Court case made it clear that sexually explicit speech called “obscenity” is not protected by the First Amendment freedoms of free speech and press?

A

Roth v. United States

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24
Q

What did the 1973 Miller v. California case do?

A

The 1973 Miller v. California case allowed for the articulation of a new test for speech that is obscene – the Miller test

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25
Q

A narrow class of material defined by the Supreme Court in the Miller test, material that is obscene is not protected by the First Amendment. Obscene material is sometimes referred to as hard-core pornography.

A

obscenity

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26
Q

material that may be sexually graphic; often referred to as adult material or sexually explicit material. This material is protected under the First Amendment. However, such material may be barred in works available to children (variable obscenity laws) and in over-the-air (as opposed to cable or satellite-generated) radio and television broadcasts.

A

indecent material

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27
Q

This term has no legal significance but is often used by laypeopl and politicians to describe anything from real obscenity to material such as a passionate love scene that is simply offensive to the viewer. The overuse (and misuse) of this imprecise term adds more confusion to an already muddled legal landscape.

A

pornography

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28
Q

The most comprehensive federal statute adopted during the 19th century became law in __________. Known as the Comstock Act because of the intense pressure applied on Congress by Anthony Comstock, the law declared that all ___________ _________, pamphlets, pictures, and other materials were __________.

A

1873; obscene books; nonmailable

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29
Q

Does the Comstock law, as amended, remain the federal law today?

A

Yes

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30
Q

In Miller, for the first time since __________, a majority of Supreme court reached agreement on a definition of obscenity.

A

1957

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31
Q

The Miller Test standards:

A
  1. An average person, applying contemporary local community standards finds that the work, taken as a whole, appeals to a prurient interest in sex.
  2. The work depicts in a patently offensive way sexual conduct specifically defined by applicable state law.
  3. The work in question lacks serious literary, artistic, political, or scientific value.
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32
Q

____________ _____________ has been defined by courts to mean a shameful or morbid interest in nudity, sex, or excretion.

A

Prurient interest

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33
Q

State laws are supposed to ___________ that kinds of material or conduct that are _______________ as obscene.

A

define; prohibited

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34
Q

To be obscene a work must lack ________ ____________, _________, political or scientific value.

A

serious literary, artistic

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35
Q

The production, distribution and possession of ________ pornography is not protected by the First Amendment.

A

child

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36
Q

Another issue regarding child ___________________ involves minors who create their own ______________ ________________ and then post the images on online social networks or trade them via cell phones, the latter process known as “sexting,” in other words, what happens when a ____________ is a child pornographer?

A

pornography; sexual content; child

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37
Q

Some ________________ scholars assert that sexually explicit content subordinates women to men, objectifies and exploits women as sex objects for men’s pleasure and leads to violence.

A

feminist

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38
Q

As the Supreme Court narrowed its definition of legal obscenity during the past _____ years, more and moer pressure has been applied by ____________ groups and even some _________________ agencies to stop the flow of nonobscene, adult material that would probably have been considered __________ obscene half a century ago, but it is protected by the First Amendment today.

A

50; advocacy; government; legally

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39
Q

Beginning in 1996 Congress passed a series of three federal statutes designed to control what Americans could see on the Internet. They are:

A

1996 Communications Decency Act
1998 Child Online Protection Act
2001 Children’s Internet Protection Act

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40
Q

_____________________ is an area of the law that deals with intangible property – property that a person cannot touch or hold or lock away for safekeeping.

A

intellectual property law

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41
Q

We have enjoyed the fruits of geniuses like Thomas Edison, Alexander Graham Bell and the Wright brothers because of _____________ _______.

A

patent law.

42
Q

A __________________ is any word, name, symbol, or device – or any combination thereof – that differentiates an individual’s or company’s goods and services from the products or services of competitors.

A

trademark

43
Q

Can you trademark an odor or a scent if it is not a functional aspect of the product (Verizon’s “flowery musk scent” is an example)? _________

A

Yes

44
Q

The four main functions of trademarks and service marks:

A
  1. They identify one seller’s goods and distinguish them from goods sold by others.
  2. They signify that all goods bearing the trademark or service mark come from a single source.
  3. They signify that all goods bearing the mark are of an equal level of quality.
  4. They serve as a prime instrument in advertising and selling goods.
45
Q

The Federal Trademark Dilution Act of 1996 and the Trademark Dilution Revision Act of 2006 protect _____________ trademarks, including names, slogans, and logos.

A

“famous”

46
Q

To register a trademark the appilcant must submit a _________________ _______________ to the Patent and Trademark Office in Washington D.C.

A

registration application

47
Q

American copyright law derives directly from the U.S. Constitution, Article _____, Section ____.

A

I; 8

48
Q

What may be copyrighted: List the six exclusive rights recognized under the law:

A
  1. reproduce the work
  2. prepare and create derivative works
  3. publicly distribute the work
  4. publicly perform the work
  5. publicly display the work
  6. publicly perform a digital sound recording
49
Q

Cannot be copyrights:
1. Trivial materials _________ be copyrighted.
2. ___________ are not copyrightable.
3. ___________ cannot be copyrighted.
4. _________________ ___________.
5. Methods, _____________, and mathematical principles, formulas, and ______________ cannot be copyrighted.

A
  1. cannot
  2. Ideas
  3. Facts
  4. Utilitarian goods
  5. systems; equations
50
Q

“The primary objective of copyright law is not to ___________ the _________ of authors, but to _____________ the process of ____________ and the ________.”

A

reward; labor; promote; science; arts

51
Q

Misappropriation, or __________ ________________, is sometimes invoked as an additional legal remedy in suits for copyright infringement.

A

unfair competition

52
Q

Any work created after January 1, 1978, will be protected for the _________ ____ _____ ___________, plus 70 years.

A

life of the creator

53
Q

Owners of copyright are granted almost exclusive _______________ over the use of their creations.

A

monopoly

54
Q

Factors to be considered in determining fair use:

A
  1. The purpose and character of the use
  2. The nature of the copyrighted work
  3. The amound and substantiality of the portion used in relation to the copyrighted work as a whole
  4. The effect of the use on the potential market for or value of the copyrighted work
55
Q

The law lists several categories of use that may be protected by fair use. These include:

A
  • criticism and comment
  • teaching
  • scholarship and research
56
Q

A copyright notice should contain the word _____________________, the abbreviation _____________, or the symbol _________. The year of _____________ must also be included in the notice.

A

“Copyright; “Copr.”; ©; publication

57
Q

The law regulating mass media has had to adapt to changes in media technology many times in the past 200 years. But no technology has challenged the law to the extent the ______________ has.

A

Internet

58
Q

The United States agreed to abide by new rules in adopting the _______________________ _________________ ___________________ _______ (DMCA) in 1998.

A

Digital Millennium Copyright Act

59
Q

The film and television industries face copyright problems. At a time when DVD sales are shrinking, network television audiences are getting smaller and theater attendance is barely holding even, the video industry is losing billions of dollars to ____________.

A

piracy

60
Q

Copyright protects _____________ works of expression fixed in _____________ media.

A

creative; tangible

61
Q

Freelancing and Copyright: The writer or photographer is the creator of the work; he or she owns the _________ or the ______________.

A

story; photograph

62
Q

Plaintiffs in a copyright suit can ask the court to assess the defendant for any __________ they have suffered, plus the ___________ made by the infringer from pirating the protected ___________.

A

damage; profits; work

63
Q

Advertising messages are regulated by the government; in fact, advertisings is probably the ________ ___________ ________________ form of modern speech and press.

A

most heavily regulated

64
Q

It was not until _________ that the U.S. Supreme Court first explicitly held that advertising enjoys a degree of First Amendment protection.

A

1975

65
Q

The Commercial Speech Doctrine:
The First Amendment does not protect either __________ or misleading ads or ads for unlawful goods or service.
Government my regulate _____________ advertising for legal goods and services if the following conditions are met:

A

false; truthful
a. There is substantial state interest to justify the regulation.
b. There is evidence that the regulation directly advances this interest.
c. There is a reasonable fit between the state interest and the government regulation.

66
Q

In Spirit Airlines v. U.S. Department of Transportation, the U.S. court of Appeals for the District of Columbia __________ the rule that airlines are free to provide an itemized breakdown, but they may not display such individualized prices “prominently” or “in the same or ____________ size as the total price.”

A

upheld; larger

67
Q

A First Amendment right not to be _______________ by the government to speak has been recognized by the Supreme Court in _________ situations.

A

compelled; some

68
Q

The regulation of _______________ or untruthful advertising is a large and ______________ task policed by the ________________ ________________ itself, the mass media and various governmental agencies.

A

deceptive; difficult; advertising industry

69
Q

Yogurt-maker Chobani found itself embroiled in a legal dispute over its advertisements in 2016. The judge ruled that Chobani is “free to continue to spread its message about the value of selecting natural ingredients. It is not, however, free to _________________ the false message that _______________ renders Dannon’s product’s unsafe to consume . . . or that ______________ ____________ renders Yoplait Greek 100 unsafe to consume.”

A

disseminate; sucralose, potassium sorbate

70
Q

State regulation of advertising predates ________________ regulation by several years.

A

federal

71
Q

The federal _____________ ______________ was created by Congress in 1914 to police unfair methods of business competition.

A

trade commission

72
Q

The FTC has been very active in recent years on the _______________ front.

A

antitrust

73
Q

In 2003 the FTC initiated one of its most popular and well-used programs – the ______________ _____ _______ _________ ______________ that allows people to block the calls of telemarketers.

A

National Do Not Call Registry

74
Q

To address the negative aspects of spam, Congress passed and President George W. Bush signed into law in 2003 the _______ - _________ Act.

A

CAN-SPAM

75
Q

The FTC definition of false or deceptive advertising:

A
  1. There must be a representation, omission, or practice that is likely to mislead the consumer.
  2. The act or practice must be considered from the perspective of a consumer who is acting reasonably.
  3. The representation, omission, or practice must be material.
76
Q

FTC tools or remedies to stop false advertising:

A
  • guides and the Children’s Online Privacy Act
  • voluntary compliance
  • consent agreement
  • litigated orders
  • substantiation
  • corrective advertising
  • injunctions
  • trade regulation rules
77
Q

COPPA applies to web sites or ____________ ____________ directed at children and that collect personal information from them.

A

online services

78
Q

Corrective advertising is a highly controversial scheme based on the premis that to merely stop an advertisement is in some instances ____________.

A

insufficient

79
Q

The FTC _____________ bait-and-switch advertising, which it defines as “an alluring but _____________ offer to sell a product or service in which the advertiser in truth does not intend or want to sell.

A

prohibits; insincere

80
Q

An advertising agency may be held liable if it is an ____________ participant in preparing a __________________ advertisement or if it knows or should know that an add is either ____________ or lacks substantiation.

A

active; deceptive; false

81
Q

To understand telecommunications regulations today it is necessary to understand the development of both the ___________________ industry and the ______________ rules that shaped it.

A

telecommunications; government

82
Q

In what year did Congress adopt the Federal Communications Act?

A

1934

83
Q

The notion that there are a finite number of frequencies on which broadcast and, in turn, that there are more people who want to broadcast than there are available frequencies is known as ____________ ______________.

A

spectrum scarcity

84
Q

The FCC has identified three major policy objectices related to “public interest.” They are:

A
  • competition
  • diversity
  • localism
85
Q

The notion that broadcasters must serve the public began to __________ in the last 25 years of the 20th century.

A

erode

86
Q

The 1934 Federal Communications Act provided that a seven-member Federal Communications Commission (FCC) ______________ the ________________ industry.

A

regulate; broadcast

87
Q

States, counties, and ________ have no regulatory _____________ over broadcasting stations.

A

cities; power

88
Q

The FCC lacks the power to censor _________________.

A

broadcasters

89
Q

Ownership Rules: In 2021 some of the key federal rules in effect related to ownership issues included:

A
  • National Television Ownership Rule
  • National Radio Ownership Rule
  • Local Television Ownership Limit
  • Local Radio Owndership Limit
  • Dual Network Ban
90
Q

Broadcasting licenses must be renewed every ____________ years.

A

eight

91
Q

The FCC in 2008 adopted rules, and expanded those rules in 2012, that allow sophisticated new wireless and mobile devices to operate without a ______________ on previously unused portions of the ____________ television spectrum known as ____________ _____________. These are the spaces that fall in between TV channels and previously were used by older __________________ such as wireless microphones.

A

license; broadcast; “white spaces”; technologies

92
Q

There are two key aspects to the FCC’s regulation of children’s programming:

A
  1. Limitations on commercials during programming targeting children
  2. Requirements regarding educational programming that must be carried
93
Q

A fleeting glimpse of Janet Jackson’s right breast during the 2004 Super Bowl halftime show sparked an FCC crackdown on _________________ _____________.

A

broadcast indecency

94
Q

The _________ - ____________ period today remains in effect from 10 p.m. to 6 a.m. – an eight-hour window when both indecent and ___________ language may be broadcast.

A

safe-harbor; profane

95
Q

Broadcasters cannot completely block candidates for federal office from buying air time on the station to promote their candidacies because of the existence of the _____________ __________ _________.

A

candidate access rule

96
Q

What are the equal opportunity / equal time rules?

A

Equal opportunity / time rules are outlined in section 315 of the Federal Communications Act, which states that when broadcasters permit a legally qualified candidate for elective office to use their broadcasting facilities, all other legally qualified candidates for the same elective office must be given a similar opportunity.

97
Q

Appearances by a political candidate that are not governed by equal opportunity rule:

A
  • appearance in a bona fide newscast
  • appearance in a bona fide news interview
  • appearance in the spot news coverage of a bona fide news event
  • incidental appearance in a news documentary
98
Q

The FCC enforces a separate provision that targets news ___________.

A

hoaxes

99
Q

Broadcasting stations are not common carriers; that it, they have the right to _________ to do business with _____________ they choose.

A

refuses; anyone

100
Q

Historically the government required all _________ operators to retransmit the signals of all local ____________ stations. This is known as “must carry.”

A

cable; television

101
Q

In 2009 the FCC began developing a national _________________ plan designed to ensure that every American has access to broadband quality.

A

broadband

Media Law (2 decks)

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