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Question
Congress adopted the Child Pornography Prevention Act in 1996, criminalizing the sending or possessing of digital images of children in sexual poses or activities, even if the images were not of real children or were of adults who looked young. The Supreme Court found the law unconstitutional because children were not being involved in the sex trade.
Answer
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Related questions
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Which of the following is defined as an invented mark or a made-up word?
a. arbitrary mark
b. fanciful mark
c. suggestive mark
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Kim is a freelance journalist who writes a story about river pollution. Kim's copyright on the story will last for ______ a. 125 years from the date he wrote the story b. his lifetime plus 70 more years c. 28 years, renewable for another 28 years d. 75 years
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a. scientific discoveries b. historical events c. a story published on a newspapers front page d. all of these
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Courts have held that the First Amendment protects violent content in the mass media.
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A person who had tested positive for HIV, the virus that causes AIDS, was at a hospital for further tests and discussion with a doctor. The patient did not have the disease of AIDS, only the HIV virus in his body. When the patient entered the hospital examination room, where normally only the patient and physician would be present, he was asked if he would allow his photograph to be taken. At first, he refused. But the photographer and physician assured him that he would not be recognized because the photo would be taken from a back angle and in silhouette. No one said who the photographer was, but the patient assumed she was with the hospital and that the photo would be used for research purposes within the hospital. The patient agreed to allow the picture to be taken. In fact, however, the photographer was from the local paper that published the photo of the patient being examined by the doctor to illustrate a story that discussed the hospitals research on people who have the AIDS disease. The patient could be identified in the photo by a number of his friends, and he was terribly upset by his picture being used with the story. The patient wants to sue the newspaper for negligent infliction of emotional distress. Would that suit be successful? Why or why not?
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Whether a plaintiff is considered a public figure for purposes of a libel suit can depend on the nature of the material being publishedspecifically whether it relates to a matter of public concern.
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A newspaper can act as a third party to assert the First Amendment right of an anonymous commenter in an online libel case.
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There are two categories of emotional distress lawsuits, that is, intentional infliction of emotional distress and negligent infliction of emotional distress.
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Punitive damages usually provide the most monetary award.
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To win an intentional infliction of emotional distress suit, a plaintiff must show the defendant ______.
a. wanted the plaintiff to suffer physical injury
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c. acted negligently
d. acted in a reckless way that could cause emotional distress
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A century ago when plaintiffs first brought lawsuits claiming defendants caused them emotional distress, courts ______.
a. generally allowed the plaintiffs to sue
b. rarely allowed plaintiffs to recover for emotional distress
c. allowed only public officials and public figures to recover for emotional distress
d. allowed only private individuals to recover for emotional distress
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Emotional distress is defined as ______.
a. being insulted
b. being mildly upset
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The purpose of retraction statutes is to ______.
a. mitigate the damages a libel defendant may be required to pay
b. reduce any chilling effect on the issuance of retractions when mistakes are made by the media
c. discourage the issuance of retractions by leveling additional damages against guilty libel defendants that make retractions
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Words within direct quotation marks ______.
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Students in all public educational institutions, whether primary schools or universities, enjoy the same protection from regulation of their speech.
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The U.S. Supreme Court struck down the anti-hate ordinance at issue in R.A.V. v. St. Paul in part because the law was underinclusive.
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Categorical balancing ______.
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The First Amendment does not limit the power of state or local legislatures.
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Originalists believe that interpretation of the Constitution should be guided by the actual text of the document.
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A classical prior restraint imposes broad government power to review and select acceptable content before ideas are published.
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The First Amendment stands as a nearly absolute ban to prior restraint.