MMC 4200 Exam 3 USF UPDATED AND CORRECT QUESTIONS WITH ANSWERS 100% A+ GRADED

MMC 4200 Exam 3 USF UPDATED AND CORRECT QUESTIONS WITH ANSWERS 100% A+ GRADED Virginia Board of Pharm V Virg Citizens Consumer Council - CORRECT ANSWER-Supreme court held for the first time that commercial speech was entitled to some protection under the constitution, bc of the consumer's right to receive info Central Hudson Gas/ Electric Corp. V. Public Service Commission - CORRECT ANSWER-Supreme Court formulated the 4 part test to determine whether a regulation of commercial speech would be upheld: expression is protected by the 1st amend? govt interest is substantial? regulation directly advances the govt interest? could govt interest be served as well by a more limited restriction on commercial speech Buckley v. Valeo - CORRECT ANSWER-The Federal Election Campaign Act of 1971 Citizens United v FEC 2010 - CORRECT ANSWER-Congress may not ban political speech based on a speakers corporate identity; Whether BCRA (which criminalizes ads produced that expressively advocate for/against a candidate within 30 days of the primary election and 60 days of the general election ( anti-Hillary Clinton movie) ) - Holding : the Gov't may not suppress political speech based on speakers corporate identity Red Lion Broadcasting Co v FCC - CORRECT ANSWER-- FCC Fairness doctrine violate 1st amendment? No - it is the right of the public to receive suitable access to info - Radio/TV broadcast can be regulated more closely than the press - Personal attack rule Miami Herald v Tornillo - CORRECT ANSWER-- newspaper cannot be compelled to print a reply " right to reply" Appeal to determine whether a state statute creating a right to reply to press criticism of a candidate for nomination or election violates the First Amendment rights of a newspaper by regulating content. RTNDA v FCC - CORRECT ANSWER-The court of appeals for the D.C circuit ordered the FCC to abolish the personal attack and political editorializing rules U.S. V Thomas - CORRECT ANSWER-- rape at bar; whether they can be found guilty of attempted rape when it was a factually/legally impossible to commit the crime FCC v. Pacifica Foundation - CORRECT ANSWER--whether FCC has any power to regulate a radio broadcast that is indecent but not obscene. - NO, not required. ( Howard Stern case) The SCOTUS upheld the FCC's power to punish a broadcaster for airing indecent content, justifying broadcasting's reduced 1st Amendment protection in this context because broadcasting is intrusive and accessible to children. Even though listeners could change channels or turn off the receiver after encountering offensive depictions of sexuality, this was "like saying that the remedy for an assault is to run away after the first blow." Society's interest in protecting chidren, coupled with the ease with which even young children could gain access to broadcasting, justified broadcasting's special treatment. The SCOTUS ruled that the FCC could regulate the times of indecent broadcasts without violating the First Amendment. The dispute began with an afternoon broadcast of George Carlin's "Filthy Words." A NY father complained to the FCC after hearing the Carlin satire on the use of language while driving with his son. Miller v. California - CORRECT ANSWER-Can state statutes regulate obscene material without limits? 3 part test to determine whether speech is obscene a. "average person" would find the material appealing to sex b. whether the work depicts sex in offensive way c. whether work lacks literacy, artistic, political or scientific value - To send men to jail for violating standards they can not understand due to vagueness, denies them to due process. "Overbroad" California convicted Miller under state law for conducting a mass-mailing campaign to advertise 4 books (Intercourse, Man-Woman, Sex Orgies Illustrated, and An Illustrated History of Pornography) and a film (Marital Intercourse). The advertising brochures