Mass Media Law (Final Exam) FINAL QUESTIONS WITH
CORRECT ANSWERS
"Sunshine Laws" (State versions of FOIA) - CORRECT ANSWER✅✅State open
meetings and open record laws. All 50 states have statutes governing open meetings
and open records and as the book says..."there laws range from good to awful"
Generally to close a meeting:
1. Must disclose topics to be discussed and why the topics to be discussed need to be
private
2. If reporter thinks it is being closed improperly she/he should formally object and ask
what provision of the law allows it to be closed. Body agrees on closing or it doesn't
close.
3. When will the meeting reconvene in public.
Specific Reasons:
1. Personal Matters
2. Collective Bargaining
3. Discussion with agency attorney
4. Discussion of getting estate of public property.
1996 Child Pornography Prevention Act - CORRECT ANSWER✅✅An amendment to
the federal law banned the sale and distribution of any image that appears to be, of a
minor engaging in sexually explicit conduct. (So called- Simulated Child Porn)- older
people dressing up as kids. Aimed at protecting kids from pedophiles.
1st Amendment: Obscene v. Indecent Materials - CORRECT ANSWER✅✅O- We have
learned the 1st Amend. does NOT protect obscene materials
I- Protected in the print media, movies, and Internet. Protected for "premium" cable
channels (HBO) and Showtime and standard cable to some extent
HOWEVER!
Indecent speech NOT protected if broadcast (over the air) by radio or TV during hours
of the day (or if directed toward children over the telephone)
Indecent: 1. Must describe or depict sexual or excretory activities or organs and 2. Must
be patently offensive as measured by contemporary community standards for the
broadcast medium.
44 Liquormart, Inc. v. Rhode Island (1996) (Liquor Advertising) - CORRECT
ANSWER✅✅Rhode Island passed a statue banning the advertisement of retail liquor
prices in places where liquor is not sold.
Petitioners filed suit claiming that the statute violated their 1st Amend. right to freedom
of speech.
,The District Court found the ban unconstitutional, noting that it did not serve any interest
Rhode Island might have had in promoting temperance.
The Court of Appeals reversed, holding that open competition for liquor pricing would be
harmful insofar at would increase consumption.
In a fractious opinion for a unanimous Court, Justice Stevens found Rhode Island's
statutory ban to be unconstitutional infringement of liquor sellers' 1st Amend. rights.
In response to Rhodes Island's claim that it passed the statutory ban to protect
consumers from "commercial harms," Justice Stevens held that governmental
impediments to truthful and accurate commercial messages rarely protect consumers.
On the contrary, courts must take "special care" when considering such protective
measures since they often hinder public choice and obstruct necessary debate over
public policy.
A summary judgement is a judge's decision without a trial made when there is no
dispute as to the facts of the case, and one party is entitled to win as a matter of law. -
CORRECT ANSWER✅✅True
Absolute Privilege is immunity from libel suits granted to government officials and others
based on remarks uttered or written as part of their official duties. - CORRECT
ANSWER✅✅True
Advertising: The 1st Amendment and Commercial Speech Doctrine - CORRECT
ANSWER✅✅Until 1942, U.S. S.C. power never considered any case about advertising
being protected by the 1st Amend.
Government may regulate ads:
a. that is false and misleading
b. and that is for unlawful goods and services
Govt. may regulate truthful ads for legal goods and services if the following conditions
are met:
A. There is substantial states 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 govt. regulation.
Associated Press v. International News Service (1919) (Copyright/News Reports) -
CORRECT ANSWER✅✅The AP charged that NS (owned by William Randolph Hurst)
bribed AP reporters to receive reports gathered by AP reporters, and copied articles
from bulletin boards and early editions of newspapers and then sent them out as INS's
own. There was no formal copyright obtained by AP because of how quickly the stories
were turned out, so INS claimed the info was in the public domain.
U.S. S.C. ruled you can copyright others info.
Yes, AP is entitled to an injunction against INS because its use of news copied from
bulletin boards and early editions of AP member papers constitutes misappropriation, a
species of unfair competition.
, Bartinicki v. Vopper (2001) established that a media company may publish materials
that it obtains illegally if the matter is of public significance. - CORRECT
ANSWER✅✅False
Basic Books v. Kinko's Graphics Corp (1991) (Copyright/Selling Copies) - CORRECT
ANSWER✅✅Plaintiffs in this case, all major publishing houses, alleged that Kinkos
infringed their copyrights when they copied excerpts from books, whose rights were
held by plaintiff, without permission and without payment of required fees and sold the
copies for profit. ANTHOLOGIZING- The question who was making profit from the
reproduction of author's works, particularly with regard to the practice of kinkos.
Court found Kinko's guilty of copyright infringement and made them pay $500,000 in
damages to publishers and issued an order forbidding it to prepare anthologies without
securing permission from prepaying fees to the appropriate publishers.
Bates v. State Bar of Arizona (1977) (Attorneys/Advertising) - CORRECT
ANSWER✅✅The Arizona State Supreme Court-- in regulating attorneys-- banned
advertising.
Bates was a partner in a law firm which sought to provide low-cost legal service to
people of moderate income who did not qualify for public legal aid. Bates' firm decided
that it would be necessary to advertise its availability and low fees. Bates challenged the
law.
U.S. S.C. ruled that the law banning attorneys from advertising violated the 1st Amend.
and 14th Amend. The court also held that allowing attorneys to advertise would not
harm the legal profession or the administration of justice, and that fact, would supply
consumers with valuable information about the availability and the cost of legal services.
Bigelow v. Virginia (1975) (Commercial Speech/1st Amendment) - CORRECT
ANSWER✅✅In 1971, Virginia Weekly published an ad for the Women's Pavilion of
New York City, which essentially urged women with "unwanted pregnancies" to have
the Pavilion assist them with low cost abortions. Abortions were legal in New York, but
illegal in Virginia. (Roe v. Wade 1973)
Director and Managing Editor, Jeffrey Bigelow is charged with violating a law making it a
misdemeanor for encouraging or prompting an abortion or miscarriage through ads.
U.S. S.C. overrules the law. " The existence of commercial activity in itself is not
justification for narrowing the protection merely because it appears as a commercial ad."
This sets in motion 1st Amend. protection for ads and leading to cases that ultimately
create the "Commercial Speech Doctrine"
Booth v. Curtis Publishing (1962) involved using actress Shirley Booth's photograph to
promote an article about her in "Holiday Magazine." The court's ruling created the
"Booth Rule." What is it? - CORRECT ANSWER✅✅The NY Supreme Court refused to
call it an invasion of privacy or invasion of right to publicity. The photo was used for an
information story and its use to promote the magazine was incidental.
Originally the Booth rule covered material previously published, but subsequent rulings
have been that one's name and likeness can be used in other media to advertise.
CORRECT ANSWERS
"Sunshine Laws" (State versions of FOIA) - CORRECT ANSWER✅✅State open
meetings and open record laws. All 50 states have statutes governing open meetings
and open records and as the book says..."there laws range from good to awful"
Generally to close a meeting:
1. Must disclose topics to be discussed and why the topics to be discussed need to be
private
2. If reporter thinks it is being closed improperly she/he should formally object and ask
what provision of the law allows it to be closed. Body agrees on closing or it doesn't
close.
3. When will the meeting reconvene in public.
Specific Reasons:
1. Personal Matters
2. Collective Bargaining
3. Discussion with agency attorney
4. Discussion of getting estate of public property.
1996 Child Pornography Prevention Act - CORRECT ANSWER✅✅An amendment to
the federal law banned the sale and distribution of any image that appears to be, of a
minor engaging in sexually explicit conduct. (So called- Simulated Child Porn)- older
people dressing up as kids. Aimed at protecting kids from pedophiles.
1st Amendment: Obscene v. Indecent Materials - CORRECT ANSWER✅✅O- We have
learned the 1st Amend. does NOT protect obscene materials
I- Protected in the print media, movies, and Internet. Protected for "premium" cable
channels (HBO) and Showtime and standard cable to some extent
HOWEVER!
Indecent speech NOT protected if broadcast (over the air) by radio or TV during hours
of the day (or if directed toward children over the telephone)
Indecent: 1. Must describe or depict sexual or excretory activities or organs and 2. Must
be patently offensive as measured by contemporary community standards for the
broadcast medium.
44 Liquormart, Inc. v. Rhode Island (1996) (Liquor Advertising) - CORRECT
ANSWER✅✅Rhode Island passed a statue banning the advertisement of retail liquor
prices in places where liquor is not sold.
Petitioners filed suit claiming that the statute violated their 1st Amend. right to freedom
of speech.
,The District Court found the ban unconstitutional, noting that it did not serve any interest
Rhode Island might have had in promoting temperance.
The Court of Appeals reversed, holding that open competition for liquor pricing would be
harmful insofar at would increase consumption.
In a fractious opinion for a unanimous Court, Justice Stevens found Rhode Island's
statutory ban to be unconstitutional infringement of liquor sellers' 1st Amend. rights.
In response to Rhodes Island's claim that it passed the statutory ban to protect
consumers from "commercial harms," Justice Stevens held that governmental
impediments to truthful and accurate commercial messages rarely protect consumers.
On the contrary, courts must take "special care" when considering such protective
measures since they often hinder public choice and obstruct necessary debate over
public policy.
A summary judgement is a judge's decision without a trial made when there is no
dispute as to the facts of the case, and one party is entitled to win as a matter of law. -
CORRECT ANSWER✅✅True
Absolute Privilege is immunity from libel suits granted to government officials and others
based on remarks uttered or written as part of their official duties. - CORRECT
ANSWER✅✅True
Advertising: The 1st Amendment and Commercial Speech Doctrine - CORRECT
ANSWER✅✅Until 1942, U.S. S.C. power never considered any case about advertising
being protected by the 1st Amend.
Government may regulate ads:
a. that is false and misleading
b. and that is for unlawful goods and services
Govt. may regulate truthful ads for legal goods and services if the following conditions
are met:
A. There is substantial states 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 govt. regulation.
Associated Press v. International News Service (1919) (Copyright/News Reports) -
CORRECT ANSWER✅✅The AP charged that NS (owned by William Randolph Hurst)
bribed AP reporters to receive reports gathered by AP reporters, and copied articles
from bulletin boards and early editions of newspapers and then sent them out as INS's
own. There was no formal copyright obtained by AP because of how quickly the stories
were turned out, so INS claimed the info was in the public domain.
U.S. S.C. ruled you can copyright others info.
Yes, AP is entitled to an injunction against INS because its use of news copied from
bulletin boards and early editions of AP member papers constitutes misappropriation, a
species of unfair competition.
, Bartinicki v. Vopper (2001) established that a media company may publish materials
that it obtains illegally if the matter is of public significance. - CORRECT
ANSWER✅✅False
Basic Books v. Kinko's Graphics Corp (1991) (Copyright/Selling Copies) - CORRECT
ANSWER✅✅Plaintiffs in this case, all major publishing houses, alleged that Kinkos
infringed their copyrights when they copied excerpts from books, whose rights were
held by plaintiff, without permission and without payment of required fees and sold the
copies for profit. ANTHOLOGIZING- The question who was making profit from the
reproduction of author's works, particularly with regard to the practice of kinkos.
Court found Kinko's guilty of copyright infringement and made them pay $500,000 in
damages to publishers and issued an order forbidding it to prepare anthologies without
securing permission from prepaying fees to the appropriate publishers.
Bates v. State Bar of Arizona (1977) (Attorneys/Advertising) - CORRECT
ANSWER✅✅The Arizona State Supreme Court-- in regulating attorneys-- banned
advertising.
Bates was a partner in a law firm which sought to provide low-cost legal service to
people of moderate income who did not qualify for public legal aid. Bates' firm decided
that it would be necessary to advertise its availability and low fees. Bates challenged the
law.
U.S. S.C. ruled that the law banning attorneys from advertising violated the 1st Amend.
and 14th Amend. The court also held that allowing attorneys to advertise would not
harm the legal profession or the administration of justice, and that fact, would supply
consumers with valuable information about the availability and the cost of legal services.
Bigelow v. Virginia (1975) (Commercial Speech/1st Amendment) - CORRECT
ANSWER✅✅In 1971, Virginia Weekly published an ad for the Women's Pavilion of
New York City, which essentially urged women with "unwanted pregnancies" to have
the Pavilion assist them with low cost abortions. Abortions were legal in New York, but
illegal in Virginia. (Roe v. Wade 1973)
Director and Managing Editor, Jeffrey Bigelow is charged with violating a law making it a
misdemeanor for encouraging or prompting an abortion or miscarriage through ads.
U.S. S.C. overrules the law. " The existence of commercial activity in itself is not
justification for narrowing the protection merely because it appears as a commercial ad."
This sets in motion 1st Amend. protection for ads and leading to cases that ultimately
create the "Commercial Speech Doctrine"
Booth v. Curtis Publishing (1962) involved using actress Shirley Booth's photograph to
promote an article about her in "Holiday Magazine." The court's ruling created the
"Booth Rule." What is it? - CORRECT ANSWER✅✅The NY Supreme Court refused to
call it an invasion of privacy or invasion of right to publicity. The photo was used for an
information story and its use to promote the magazine was incidental.
Originally the Booth rule covered material previously published, but subsequent rulings
have been that one's name and likeness can be used in other media to advertise.
