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Question
In deciding the false advertising suit brought by POM Wonderful against Coca-Cola, the Supreme Court held that ______.
a. the Food and Drug Administration on product content labeling barred a Lanham Act unfair competition lawsuit
b. the Lanham Act has no bearing on food and beverage labeling
c. the Food and Drug Administration on product content labeling barred a deceptive labeling lawsuit
d. false and misleading labeling could be grounds for a lawsuit even when the labeling met the Food and Drug Administrations minimum content requirements
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
d. descriptive mark
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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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Q:
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.
Q:
Punitive damages usually provide the most monetary award.
Q:
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
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Q:
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
Q:
Emotional distress is defined as ______.
a. being insulted
b. being mildly upset
c. being frightened or extremely anxious
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Q:
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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Q:
Words within direct quotation marks ______.
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Given the role of the schools in inculcating values and teaching social responsibility, the U.S. Supreme Court in Tinker v. Des Moines Independent School District said school officials may prohibit student speech that might potentially disrupt school activities.
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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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Q:
Categorical balancing ______.
a. balances different categories of speech against each other to create a hierarchy of speech rights
b. establishes that speech rights always outweigh competing interests
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Fighting words ______.
a. are words said in the heat of the moment
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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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Functionalists, or instrumentalists, believe that the First Amendment protects the freedom of speech and of the press only because these freedoms advance important societal goals, such as democracy.
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The First Amendment stands as a nearly absolute ban to prior restraint.