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Question
Explain the transformative use test and how it is applied when First Amendment protection competes against a right of publicity.
Answer
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Historical documents make clear the framers original intent for the Constitution.
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All U.S. law is black-letter law to assure that citizens will know their rights and responsibilities.
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The legal citation McConnell v. Federal Election Commission, 540 U.S. 93 (2003), refers to ______.
a. a federal appeals court decision ruling against the Federal Election Commission
b. a federal appeals court decision ruling against McConnell
c. a Supreme Court decision in an appeal brought by McConnell
d. a Supreme Court decision in an appeal brought by the Federal Election Commission
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The U.S. Constitution is ______.
a. the supreme law of the United States and is difficult to amend
b. the supreme law of the United States and is easy to modify
c. co-equal to the state constitutions
d. the law that governs Washington, D.C., and the U.S. territories
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The U.S. Supreme Court established the power of courts to interpret laws in its decision in ______.
a. Marbury v. Madison
b. Powell v. McCormack
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Common law ______.
a. is a form of black-letter law
b. is unconstitutional
c. does not apply to government officials
d. is judge-made law
e. all of these
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Select the proper legal citation for a case decided on May 22, 2009, by the District of Columbia Circuit of the U.S. Court of Appeals and published starting on page 1,095 of volume 566 of the Third Series of the official Federal Reporter.
a. 566 F.3d 1095 (2009)
b. 1095 F.3d 566 (2009)
c. 566 F.3d 1095 (9th 2009)
d. 566 F.3d 1095 (D.C. Cir. 2009)
e. none of these
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What is the Video Protection Act and how might the decision in the Spokeo case apply to the Video Privacy Protection Act (VPPA)?
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Explain the artistic relevance test and how it is applied when First Amendment protection competes against a right of publicity.
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Appropriation includes two different torts: commercialization and the right of publicity. Explain these two torts and their differences.
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What is the First Amendment defense against a private facts lawsuit?
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Generally speaking, courts are applying the transformative use test to affirm First Amendment rights in lawsuits that involve movies, video games, and television.
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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
d. descriptive 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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In the past, the Supreme Court has allowed government censorship boards to license films for exhibition.
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In addition to the federal law, all states and the District of Columbia have child pornography laws.
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A cable television network wants to run a prize-winning drama with adult themes and explicit references to sexual matters (but not meeting the definition of obscenity). To comply with the law, the station must run the play between 10 p.m. and 6 a.m.
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Courts have held that the First Amendment protects violent content in the mass media.
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Laws originally intended for use against organized crime can be used to seize certain assets of people convicted of selling obscene material.
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The First Amendment does not protect using indecent language in print, on the internet or in broadcasting.
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Which Supreme Court case includes the current legal test for obscenity?
a. Miller v. California
b. FCC v. Pacifica Foundation
c. Reno v. ACLU
d. Roth v. United States
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The limited protection of reporters privilege extends to ______.
a. everyone sharing information with the public over any medium
b. only licensed journalists
c. only journalists working for accredited news organizations
d. reporters some of the time but may not protect freelance journalists
Q:
Electronic access to court records ______.
a. varies broadly among states and state and federal courts
b. is consistent and presumptively open throughout all state and federal courts
c. is consistent and presumptively closed in all state and federal courts
d. is presumptively closed in federal courts but may be opened in state courts under state law
Q:
Under the doctrine of promissory estoppel, ______.
a. a verbal promise is equivalent to a verbal contract.
b. promises of confidentiality cannot be made by journalists.
c. news sources cannot accept promises of confidentiality.
d. when a promise is relied on and harm follows due to that promise being broken, legal liability may exist.
Q:
In applying the journalists privilege, most courts have ______.
a. defined journalist as someone with a college degree in journalism or a related field
b. defined journalist as someone who has a press pass from a legitimate news media organization
c. defined journalist as someone who writes for a newspaper or appears on television d. not precisely defined journalist in spite of the efforts of some courts to do so
Q:
Former New York Times reporter Judith Miller was jailed for refusing to testify ______.
a. to a congressional committee about information she received from a confidential source
b. at a trial about information she received from a confidential source
c. to a grand jury about information she received from a confidential source
d. in a preliminary hearing for a terrorist trial
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Jones is a reporter for Channel 10. Jones interviews Kennedy about a group that robs elderly peoples houses in the community. Jones says Kennedys name will not appear in the story. But the Channel 10 news producer insists Kennedys name be part of the story. After Kennedy hears the story, Kennedy sues Jones, the news producer, and Channel 10 for breaking Joness promise. Kennedy will ______.
a. win because the U.S. Supreme Court and other courts have said the First Amendment does not protect reporters who break confidentiality promises
b. lose because the producer ordered Jones to reveal Kennedys name; Jones did not do so voluntarily
c. lose because the U.S. Supreme Court and other courts have said the First Amendment protects reporters who break confidentiality promises
d. lose because no one can sue for a broken oral promise, only for violating a written contract
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What does it mean to say the First Amendment can be viewed as either shield or sword?
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The Privacy Acts limits on federal disclosure of private information prevail when it conflicts with the disclosure requirements of the Freedom of Information Act.