final Flashcards

1
Q

What does Bivins claim is “one of the chief obstacles to moral decision making”?

A

The attitude that professional ethical codes are crafted by people who don’t understand the realities of working professionals.

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2
Q

Which of the following is not a duty shared by all mass media?

A

duty to shared goals

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3
Q

What does Bivins claim is the primary goal of news media?

A

to bring the public information that both informs and interest them

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4
Q

What, according to Bivins, is the primary goal of advertising?

A

to sell a product

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5
Q

Which of the following is false? (media influence)

A

according to Bivins, the media do not influence society, they only reflect it

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6
Q

Which of the following is false, according to Bivins? (moral buck)

A

moral buck passing is the exception rather than the rule in complex organizations

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7
Q

Which of the following is false, according to Bivins? (Newsweek)

A

Newsweek should be held strictly accountable for the suicide of Admiral Boorda

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8
Q

With which of the following does Bivins agree? (client loyalty)

A

client loyalty generally supercedes loyalty to third parties for both advertising and public relations

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9
Q

Which of the following is false, according to Bivins? (moral obligations)

A

personal, professional, and societal moral obligations are interchangeable; decisions made using one automatically apply at the other levels

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10
Q

Which of the following is not true, according to Bivins? (codes)

A

Codes are typically organization specific.

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11
Q

Which of the following is true, according to Bivins? (key to moral decision making)

A

the key to moral decision making is to act from a perspective of care for others, and from a sense of obligation to serve rather than to prevail

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12
Q

theories that deal with rules or duties, also referred to as non-consequential theories

A

deontological

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13
Q

Which of the following is not an example of non-consequentialism?

A

using a police scanner to avoid getting a speeding ticket
(not running a rape victim’s name in an article)
(a company policy never to alter or manipulate photos)
(keeping the 10 commandments)

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14
Q

Which of the following is not an application of the Categorical Imperative?

A

Those who legislate the laws are not subject to them

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15
Q

categorical imperative

A

an unconditional moral obligation that is binding in all circumstances and is not dependent on a person’s inclination or purpose

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16
Q

theories that contend that the moral rightness of an action can be determined by looking at its consequences, according to Bivins

A

consequential

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17
Q

Which philosopher is most identified with deontological (or duty-based) ethics, and his use of the categorical imperative?

A

Kant

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18
Q

Which philosopher is most identified with utilitarianism, or the belief that we should always act to produce the greatest good for the greatest number of people?

A

Mill

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19
Q

Which philosopher is most identified with virtue ethics and his use of the Golden Mean?

A

Aristotle

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20
Q

Which of the following is not identified with virtue ethics?

A

actions have true moral worth only when they spring from recognition of a duty and a choice to discharge it

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21
Q

Which of the following is inaccurate about public journalism? (its position)

A

Its position is that objectivity and providing information are the proper role and product of the media

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22
Q

Which of the following best describes journalism? (how it acts)

A

It acts paternalistically, but also takes the desires of the public into account by entertaining them with what they want.

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23
Q

Which of the following is not true, according to Bivins? (ad council)

A

The work of the Advertising Council does not qualify as pro bono work.

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24
Q

Which of the following is false, according to Bivins (journalists value autonomy and libertarian)

A

Because journalists value autonomy and the libertarian perspective, they would welcome licensing to establish their professional credibility.

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25
Q

False about journalists and clients.

A

Journalists have customers, not clients.

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26
Q

False about advocacy and the Agency Model?

A

The Agency model and Advocacy ideology is shown by Bivins to successfully absolve advertisers and public relations from ethical responsibility for their client directed actions.

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27
Q

True about services professionals provide.

A

Professions generally provide services that are vital to the organized function of society.

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28
Q

What does the process of an occupation becoming professionalized not include?

A

freedom from the need to be licensed, credentialed, or certified

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29
Q

False about the Fiduciary model

A

Bivins concludes about the Fiduciary model that it is not a good model professional communicators.

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30
Q

False about norms a professional assumes

A

Being a professional, one assumes different but not enhanced ethical norms than societal norms.

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31
Q

Why does journalism have an “equivocal status” as a profession?

A

People can be journalists even if they have not received training as journalists.

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32
Q

What does Bivins disagree with about harm

A

Even if harm is done in the service of a greater good, it is not an acceptable side affect.

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33
Q

True about withholding a publication.

A

the test for withholding a publication should be to weight the public need to know against the principle to avoid harm

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34
Q

true about ghostwriters

A

it is ethically problematic for a ghostwriter to distort a communicator’s character and sentiment

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35
Q

false about client confidentiality

A

it is not ethically acceptable to violate client confidentiality, even when the client has done something that would harm the reputation and credibility of the communications professional

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36
Q

Bivins does not suggest the following for mitigating harm in advertising and PR

A

assume that the ultimate determinant for the advocate’s behavior is what the client wants

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37
Q

false about deception

A

deception in the name of the public’s right to know (as in undercover journalism) is unquestionably ethical because of its higher purpose

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38
Q

false about caveat emptor

A

caveat emptor assumes that an intelligent consumer will not be able to discern nuances in messages

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39
Q

false about legal vs ethical

A

being legal necessarily means being ethical

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40
Q

true about ambiguity in ad and PR

A

ambiguity in advertising and public relations is usually intentional

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41
Q

Compared to members of the public, how much access to documents, records, and news event sites do journalists have?

A

the same

42
Q

When it comes to recording face-to-face conversations, the majority of US states are…

A

“one-party” states

43
Q

How long does a federal agency have to respond to a Freedom of Information Act (FOIA) request?

A

20 working days

44
Q

Who may use the FOIA to request federal government records?

A

any US citizen

45
Q

The right of journalists to be on-location at the site of news events is

A

not clearly established

46
Q

Misrepresentation is both an ethical and a legal problem that may arise when reporters…

A

hide the fact that they work for a media outlet, hide the nature of the story they are developing, hide recording devices

47
Q

the majority of federal courts… (protecting reporters)

A

protect reporters from revealing information by using a qualified First Amendment privilege

48
Q

Potter is a reporter for Channel 10. Potter interviews Granger about a group that robs elderly people’s houses in the community. Potter says Granger’s name will not appear in the story. But the Channel 10 news producer insists Granger’s name be part of the story. After Granger hears the story, Granger sues Potter, the news producer, and Channel 10 for breaking Potter’s promise. Granger will

A

win because the US Supreme Court and other courts have said the First Amendment does not protect reporters who break confidentiality promises

49
Q

Shield laws are intended to protect the identity of

A

news sources

50
Q

The Supreme Court’s three-part test rejects the protection of reporter’s privilege when a reporter is likely to have

A

possession of information of significant interest, clearly relevant to a legal proceeding that cannot be obtained by alternate means

51
Q

state shield laws…

A

vary both in the nature of the protection they provide and the individuals they shield

52
Q

the sixth amendment guarantees criminal defendants…

A

a speedy, public, impartial trial by one’s peers in the locale of the crime

53
Q

If a journalist refuses to name confidential sources, a court may cite the reporter with

A

contempt of court

54
Q

Jurors are not impartial if they…

A

have their minds made up before the trial starts

55
Q

In Sheppard v Maxwell, the Supreme Court held that

A

judges must protect the fair trial rights of a defendant by controlling the trial process, including media coverage

56
Q

Before closing a presumptively open court proceeding, a judge should establish that…

A

openness poses a threat to a fair process, no alternate to closure would assure fairness with less harm to public access, closure will be effective and narrowly tailored to maximize openness while protecting a fair judicial process

57
Q

(T or F) When a judge gives instructions and warnings to jurors about how to deliberate and reach a verdict, this is called voir dire.

A

False!

58
Q

In applying the journalist’s privilege, most courts have…

A

not precisely defined “journalist” in spite of the efforts of some courts to do so

59
Q

(T or F) The majority opinion in Branzenburg v Hayes clearly established a reporter’s privilege protected by the First Amendment free press clause.

A

False

60
Q

Restraining orders are…

A

often called gag orders

61
Q

Which of the following is not a rationale for regulating broadcast communication?

A

broadcasters have proven themselves unworthy of public trust and so must be controlled

62
Q

True regarding political broadcasting rules?

A

The “equal opportunities rule” requires that legally qualified candidates for federal office be given the same access to broadcast facilities as their opponents.

63
Q

The Federal Communications Commission regulates

A

broadcast radio and television

64
Q

Which of the following is the most important justification courts use to defend broadcast regulation?

A

spectrum scarcity

65
Q

Section 315 (political broadcasting and cablecasting) is in effect

A

all the time

66
Q

Ramon is the Democratic candidate for governor. He purchases 60 seconds of time on Channel 3 and runs a campaign ad two weeks before the general election. Alycia is the Green Party candidate for governor. She asks Channel 3 to sell her a minute of time. Channel 3’s general manager…

A

must sell Alycia 60 seconds of time

67
Q

Generally speaking, how does the FCC justify its regulations?

A

it is working in the public interest

68
Q

obscenity

A

depictions of patently offensive sexual conduct that violates the community standard and lacks serious literary, artistic, political, or scientific value

69
Q

What is the core value in diverse ownership of broadcast stations?

A

It leads to diverse viewpoints in programming.

70
Q

profanity definition

A

language so grossly offensive it amounts to a nuisance

71
Q

A group of citizens in the State of Zipzap gets enough valid signatures on a petition to put a referendum on the ballot that would require the state legislature to adopt a state holiday on Charles Dickens’ birthday. An all-news radio station sells advertising time to those who favor the holiday, but refuses to sell time for advertisements against the holiday. The anti-Dickens group tells the station manager that under Section 315, the manager must give the group equal opportunity. Who is correct, and why?

A

the station, because Section 315 does not apply to ballot issues, only political candidates

72
Q

(T or F) Cable television regulation is in the hands of the city governments exclusively; the US Congress has adopted no cable television laws.

A

False.

73
Q

(T or F) The Supreme Court has ruled that must-carry rules for cable are content-neutral because they do not dictate specific programming.

A

True

74
Q

Section 315 of the Communications Act of 1934

A

requires broadcast stations and cable systems to make equal opportunities available to legally qualified candidates for the same political office

75
Q

A week before the general election, John, a legally qualified candidate for mayor, is asked to make a free appearance on a radio station’s Saturday morning children’s book program. John does so and reads from “Charlotte’s Web.” Sara, a legally qualified candidate for mayor, demands time from the station. The station manager…

A

need not give Sara any time, because John did not purchase an advertisement

76
Q

What is FirstNet?

A

a broadband network dedicated exclusively to the public safety community

77
Q

indecency

A

depictions of patently offensive nudity or excretory organs

78
Q

(T or F) The US Supreme Court held that the Internet has full First Amendment protection, similar to print media.

A

True

79
Q

(T or F) On-the-spot coverage of bona fide news events is an exception to the use rule under Section 315.

A

True

80
Q

The reason the FCC can regulate cable is because is uses the spectrum to broadcast its signals, just as broadcasting does.

A

False

81
Q

a work is copyrighted when…

A

it is created

82
Q

Which of the following may be protected by copyright?

A

a story published on a newspaper’s front page
(scientific discoveries)
(historical events)

83
Q

Sandy, a reporter for KSOX-TV, videotapes a fire in a downtown store and includes a portion of the tape in a story aired on the 10 p.m. news. KSOX…

A

owns the tape’s copyright

84
Q

The videotape made by the KSOX crew in the other question is called a…

A

work made for hire

85
Q

To sue for copyright infringement under the current US copyright law, a copyright holder must

A

register the copyright before suing

86
Q

In copyright law, the term “fair use” means

A

the most commonly used defense against charges of copyright infringement

87
Q

Usually, the most important consideration when a court determines whether using copyrighted material without permission constitutes fair use is…

A

the impact on the copyrighted work’s market value

88
Q

The most distinctful category of trademarks

A

fanciful marks

89
Q

trademark tacking

A

allows a trademark owner to slightly alter a trademark without abandoning ownership of the original mark

90
Q

Are photography and filming of actual events copyrightable?

A

yup.

91
Q

Correct about copyright holders’ rights?

A

copyright holders retain exclusive rights to reproduce, distribute, and perform their copyrighted works

92
Q

(T or F) a word, name, or symbol must be distinctive to be eligible for a trademark

A

True

93
Q

(T or F) dilution is using a well-known trademark without permission in a way that disparages the mark

A

True

94
Q

(T or F) the law does not give copyright protection to words and phrases, including advertising slogans and titles of books, movies, and television programs. These lack sufficient originality to qualify for copyright protection. However, a trademark can protect these creations.

A

True

95
Q

correct about copyright owners’ rights

A

the rights of copyright owners are separate and distinct from each other

96
Q

(T or F) any one of the four factors for determining fair use may, in isolation, defeat a fair use defense

A

False

97
Q

What is the constitutional purpose of legal protections for patents and copyrights?

A

to provide an incentive so society can progress

98
Q

Which is the following is the proper subject matter for copyright protection?

A

a poet has scratched out a few notes on a napkin during lunch, and he intends to use the notes in composing his next long poem

99
Q

(T or F) The US Supreme Court has ruled that the First Amendment allows downloading current music recordings from the Internet without permission.

A

False

100
Q

(T or F) A work must be published and distributed to have copyright protection.

A

False