JOMC 486 VERIFIED QUESTIONS AND
ANSWERS
Falwell was unable to prove his libel claim against Hustler
because: - CORRECT ANSWER-he was lacked proof of actual
injury.
In the Hustler case, the Supreme Court ruled that public figures
and public officials: - CORRECT ANSWER-can never recover
damages for the tort of emotional distress
According to the Snyder court, speech deals with matters of
public concern when it: - CORRECT ANSWER-relates to any
matter of political, social or other concern to the community
The trial court said the Phelpses could be held liable for IIED
based on the outrageousness of their speech. The Supreme
Court said outrageousness: - CORRECT ANSWER-is too
subjective and allows juries to impose their own biases on the
speech
What law does McNeil accuse Pfizer of violating in this case? -
CORRECT ANSWER-Lanham Act
Of the two studies that Pfizer conducted on the effect of
Listerine on plaque - CORRECT ANSWER-both studies
showed Listerine as effective as floss
,McNeil's surveys on the message consumers take away from
the Big Bang ad found - CORRECT ANSWER-a significant
percentage of respondents believed Listerine can replace
flossing
The McNeil court said the plaintiff, to establish an ad contains a
false implication, must show that the implication was taken
away by at least what percentage of the audience? -
CORRECT ANSWER-20%
The FTC says it will find advertising deceptive only if there is
evidence consumers have actually been misled. - CORRECT
ANSWER-False
In cases of implied claims, the FTC will often be able to
determine meaning through all of the following except -
CORRECT ANSWER-Using words like "best" or greatest"
without empirical evidence to back up those claims
According to the FTC, the woman's belief that all Greek yogurt
comes from Greece shows she - CORRECT ANSWER-is
acting unreasonably under the circumstances
When an advertisement targets a specific group, such as
children, the FTC will determine its effect on - CORRECT
ANSWER-a reasonable member of that group
To be considered deceptive, an advertising claim must be
material. The FTC defines "material" as a representation or
practice that is - CORRECT ANSWER-likely to affect a
consumer's choice regarding the product
The Federal Trade Commission defines "advertising" as any
action, method or device - CORRECT ANSWER-that draws the
attention of the public to goods, services, people or
organizations
,The enforcement tool most commonly used by the FTC is -
CORRECT ANSWER-Consent agreements
If an advertiser fails to abide by a consent agreement or a
litigated order, it can expect the FTC will - CORRECT
ANSWER-impose fines on the advertiser
Which of the following is NOT a factor the FTC considers when
determining what constitutes a reasonable basis for a claim? -
CORRECT ANSWER-the likelihood that the average person
will believe the claim
Firms are not responsible for possessing substantiation for
implied claims they do not believe their ad makes, even though
the implication may be a reasonable one. - CORRECT
ANSWER-False
The FTC expects that advertisers will have substantiation for
their claims - CORRECT ANSWER-before the advertisements
are published
The FTC will always defer to the judgment of self-regulatory
groups on matters of substantiation of advertising claims. -
CORRECT ANSWER-False
Originally, 18 U.S.C. Section 1304 prohibited radio or television
broadcast by any licensed station of - CORRECT ANSWER-
any advertisements or information about lotteries or games of
chance
Which of the following standards does the court apply to
resolve the First Amendment issue in this case? - CORRECT
ANSWER-The Central Hudson test
, Which of the following is an interest the government claimed it
was upholding in this case? - CORRECT ANSWER-reducing
the social costs of gambling
The Supreme Court said the ban on casino advertising failed to
directly advance the government's interest because -
CORRECT ANSWER-exceptions to the ban on advertising
made the regulation ineffective
Which of the following is NOT an action the FCC may take to
enforce its rules on indecency? - CORRECT ANSWER-
Sentence a broadcaster to prison time
The FCC limits indecency to certain subject matter. Which of
the following best describes that subject matter? - CORRECT
ANSWER-sexual or excretory organs or activity
The FCC says that "indecency" includes - CORRECT
ANSWER-any patently offensive material dealing with sexual or
excretory activity or organs
The FCC says "patent offensiveness" must be judged by -
CORRECT ANSWER-contemporary national community
standards for the broadcast medium
The FCC identifies three factors it will use for determining
patent offensiveness - CORRECT ANSWER-Late night vs.
prime-time broadcast
Material that is indecent may be broadcast - CORRECT
ANSWER-between 10 p.m. and 6 a.m.
This case arose after the FCC changed its position on -
CORRECT ANSWER-repetition versus fleeting appearances of
offensive language or images
ANSWERS
Falwell was unable to prove his libel claim against Hustler
because: - CORRECT ANSWER-he was lacked proof of actual
injury.
In the Hustler case, the Supreme Court ruled that public figures
and public officials: - CORRECT ANSWER-can never recover
damages for the tort of emotional distress
According to the Snyder court, speech deals with matters of
public concern when it: - CORRECT ANSWER-relates to any
matter of political, social or other concern to the community
The trial court said the Phelpses could be held liable for IIED
based on the outrageousness of their speech. The Supreme
Court said outrageousness: - CORRECT ANSWER-is too
subjective and allows juries to impose their own biases on the
speech
What law does McNeil accuse Pfizer of violating in this case? -
CORRECT ANSWER-Lanham Act
Of the two studies that Pfizer conducted on the effect of
Listerine on plaque - CORRECT ANSWER-both studies
showed Listerine as effective as floss
,McNeil's surveys on the message consumers take away from
the Big Bang ad found - CORRECT ANSWER-a significant
percentage of respondents believed Listerine can replace
flossing
The McNeil court said the plaintiff, to establish an ad contains a
false implication, must show that the implication was taken
away by at least what percentage of the audience? -
CORRECT ANSWER-20%
The FTC says it will find advertising deceptive only if there is
evidence consumers have actually been misled. - CORRECT
ANSWER-False
In cases of implied claims, the FTC will often be able to
determine meaning through all of the following except -
CORRECT ANSWER-Using words like "best" or greatest"
without empirical evidence to back up those claims
According to the FTC, the woman's belief that all Greek yogurt
comes from Greece shows she - CORRECT ANSWER-is
acting unreasonably under the circumstances
When an advertisement targets a specific group, such as
children, the FTC will determine its effect on - CORRECT
ANSWER-a reasonable member of that group
To be considered deceptive, an advertising claim must be
material. The FTC defines "material" as a representation or
practice that is - CORRECT ANSWER-likely to affect a
consumer's choice regarding the product
The Federal Trade Commission defines "advertising" as any
action, method or device - CORRECT ANSWER-that draws the
attention of the public to goods, services, people or
organizations
,The enforcement tool most commonly used by the FTC is -
CORRECT ANSWER-Consent agreements
If an advertiser fails to abide by a consent agreement or a
litigated order, it can expect the FTC will - CORRECT
ANSWER-impose fines on the advertiser
Which of the following is NOT a factor the FTC considers when
determining what constitutes a reasonable basis for a claim? -
CORRECT ANSWER-the likelihood that the average person
will believe the claim
Firms are not responsible for possessing substantiation for
implied claims they do not believe their ad makes, even though
the implication may be a reasonable one. - CORRECT
ANSWER-False
The FTC expects that advertisers will have substantiation for
their claims - CORRECT ANSWER-before the advertisements
are published
The FTC will always defer to the judgment of self-regulatory
groups on matters of substantiation of advertising claims. -
CORRECT ANSWER-False
Originally, 18 U.S.C. Section 1304 prohibited radio or television
broadcast by any licensed station of - CORRECT ANSWER-
any advertisements or information about lotteries or games of
chance
Which of the following standards does the court apply to
resolve the First Amendment issue in this case? - CORRECT
ANSWER-The Central Hudson test
, Which of the following is an interest the government claimed it
was upholding in this case? - CORRECT ANSWER-reducing
the social costs of gambling
The Supreme Court said the ban on casino advertising failed to
directly advance the government's interest because -
CORRECT ANSWER-exceptions to the ban on advertising
made the regulation ineffective
Which of the following is NOT an action the FCC may take to
enforce its rules on indecency? - CORRECT ANSWER-
Sentence a broadcaster to prison time
The FCC limits indecency to certain subject matter. Which of
the following best describes that subject matter? - CORRECT
ANSWER-sexual or excretory organs or activity
The FCC says that "indecency" includes - CORRECT
ANSWER-any patently offensive material dealing with sexual or
excretory activity or organs
The FCC says "patent offensiveness" must be judged by -
CORRECT ANSWER-contemporary national community
standards for the broadcast medium
The FCC identifies three factors it will use for determining
patent offensiveness - CORRECT ANSWER-Late night vs.
prime-time broadcast
Material that is indecent may be broadcast - CORRECT
ANSWER-between 10 p.m. and 6 a.m.
This case arose after the FCC changed its position on -
CORRECT ANSWER-repetition versus fleeting appearances of
offensive language or images
