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Q:
What is the legal test or rule for determining when a statute will be declared void for vagueness?
Q:
The concept of "statutory construction" best refers to which one of the following?
A.The process of legislative bodies creating and drafting the common law.
B.The process of legislative bodies creating and drafting statutes.
C.The process of courts and judges interpreting the meaning of the common law.
D.The process of courts and judges interpreting the meaning of statutes.
Q:
The U.S. Supreme Court's 2003 ruling in Lawrence v. Texas was an example of the Supreme Court
A.following the doctrine of stare decisis.
B.not following the doctrine of stare decisis.
C.applying the void for vagueness doctrine.
D.applying both the void for vagueness doctrine and the overbreadth doctrine.
Q:
It is easier for the creator of a fictional character to protect the subsequent use of his or her work than it is for the author of a nonfiction work.
Q:
The V-chip is designed to allow parents to
A.filter out inappropriate Web sites on the Internet.
B.limit access of children to certain TV programming.
C.make it impossible for youngsters to play certain video games on their home video game systems.
D.none of the above.
Q:
24. Under the Digital Millennium Copyright Act, individuals who transmits a copyrighted work on the Internet cannot be held liable for damages if they immediately remove the material as soon as they are told to do so by the copyright holder.
Q:
Describe any four (4) of the conditions that the FCC imposed in 2011 on Comcast when the FCC approved that same year a 51 percent ownership stake by Comcast in NBC Universal, owner of TV channels such as NBC and Spanish-language giant Telemundo and cable channels including CNBC and Bravo.
Q:
Identify the four key aspects/requirements imposed under the CAN SPAM Act on individuals or entities that send commercial e-mail messages.
Q:
Briefly describe the legal controversy in 2012 and 2013 involving the service called "Aereo," including what Aereo is, how it works, who objects to it, and why it is objected to.
Q:
How many commissioners are there at the FCC?
A.Five
B.Seven
C.Nine
D.Ten
Q:
Set forth the three things that a viewer or listener must include in a properly filed complaint alleging that a broadcast was indecent.
Q:
In 2012, the U.S. Supreme Court ruled in FCC v. Fox Television Stations, Inc. that
A.the FCC's current rules regarding broadcast indecency violate the First Amendment.
B.the FCC failed to give broadcasters sufficient notice about changes to its indecency rules.
C.both "a" and "b" are correct.
D.neither "a" nor "b" is correct.
Q:
Identify the four types of TV or radio appearances by a candidate for political office that are not governed by the Equal Opportunity Rule.
Q:
On a national basis, a single entity may own television stations reaching up to what maximum percentage of the national TV viewing audience?
A.25 percent
B.28 percent
C.39 percent
D.50 percent
Q:
PICON stands for _____________________________________.
Q:
Which one of the following is not one of three traditional policy objectives of the FCC that is supposed to serve the public interest?
A.efficiency
B.localism
C.competition
D.diversity
Q:
The notion that there are a finite number of frequencies on which to broadcast and, in turn, that there are more people who want to broadcast than there are available frequencies is known as ________________.
Q:
Television stations are licensed by the FCC for how many years?
A.Three
B.Five
C.Seven
D.Eight
Q:
The FCC in late 2008 adopted rules that allow sophisticated new wireless and mobile devices to operate without a license on previously unused portions of the broadcast television spectrum known as ________________.
Q:
Which of the following areas of broadcast programming is regulated most heavily?
A.Children's programming
B.Sports programming
C.News programming
D.Infomercials
Q:
The candidate access rule requires broadcasters to give
A.all candidates for public office a reasonable opportunity to buy broadcast time at radio and television stations.
B.all candidates for public office an equal opportunity to appear on a radio or television station.
C.all candidates for federal office a reasonable opportunity to buy time on radio and television stations.
D.all candidates for federal office an equal opportunity to appear on radio and television stations.
Q:
In March 2004, the FCC concluded that U2 singer Bono's acceptance speech during the Golden Globes Award program made the NBC broadcast of that program:
A.indecent.
B.obscene.
C.both indecent and obscene.
D.indecent and profane.
Q:
The FCC's safe-harbor zone for when indecent content may be broadcast on television without facing legal action from the FCC is from
A.10:00 p.m. to 6:00 a.m.
B.11:00 p.m. to 6:00 a.m.
C.midnight to 6:00 a.m.
D.midnight to 8:00 a.m.
Q:
To file a proper complaint with the FCC over particular content broadcast on a television program, a person must include:
A.the date of the program in question.
B.the name of the producer of the program in question.
C.both "a" and "b" are correct.
D.neither "a" nor "b" is correct.
Q:
Under Section 315 of the Communications Act, the term equal opportunity means
A.equal time.
B.equal facilities.
C.comparable costs.
D.all of the above.
Q:
To fall within the FCC's definition of indecency, the content must relate to which of the following?
A.Nudity or prurient interests
B.Sexual or violent images and dialogue
C.Sex, sexual violence or sexual humiliation
D.Sexual or excretory activities or organs
Q:
Which one of the following is NOT one of the three principal factors that the FCC often considers to determine the patent offensiveness of content in its indecency cases?
A.Whether the speech in question appeals to a prurient interest in sex.
B.Whether the speech in question was graphic or explicit.
C.Whether the speech in question is used to shock, titillate or pander.
D.Whether the speech in question was repeated or dwelled upon.
Q:
Which of the following would not likely be protected by a trademark?
A.A wax seal on a bottle of liquor.
B.The color of a home insulation product.
C.The design on the pocket of a pair of jeans.
D.All of the above would be protected.
Q:
One reason plagiarism is more common today is
A.the laws prohibiting it have been relaxed.
B.there is so much more mass media today.
C.it is much easier to get access to material today via the Internet.
D.there is more pressure on authors and others to produce material.
Q:
Which of the four fair use criteria usually carries the most weight?
Q:
When Congress passed the Digital Millennium Copyright Act in late 1998, it implemented the
A.European Union Copyright Directive.
B.World Intellectual Property Organization treaties.
C.Berne Convention treaty.
D.Communications Decency Act.
Q:
When determining the similarity of one work to another in an infringement question, some courts use a two-part test that asks whether the two works
A.have the same kinds of characters and have the same kinds of scenes.
B.appeared at about the same time and are in the same medium (e.g., both are films).
C.have the same general theme and express this theme in the same way.
D.are in the same medium and have the same kinds of characters.
Q:
If a writer sells a magazine the first serial rights to a story she has written, the magazine has the right to
A.publish the story as many times as it wants.
B.publish the story as a serial; that is, break it into several parts and publish each of them multiple times.
C.publish it first, but only once, anywhere in the world.
D.resell the story to another publisher after it uses it.
Q:
What is the "sweat of the brow" doctrine, and why has the Supreme Court rejected it?
Q:
Briefly describe the four criteria that courts use to determine whether a use is a fair use.
Q:
15. A work is not protected by copyright unless it carries a notice and is registered.
Q:
A community may use studies done in other cities to establish its need for a zoning law for adult businesses.
Q:
16. The use of copyrighted material by the news media is never considered an infringement.
Q:
In 2013, child pornography found its way on to Facebook and received more than 5,000 "Likes."
Q:
17. While most copyrighted works are protected for the life of the creator plus 70 years, a category of works called "American Treasures" are protected forever.
Q:
A.The use of a few stanzas of a poem in an obituary for a poet.
B.The use by Ford Motor Co. in a TV advertisement of scenes from a feature film in which the hero is driving a Ford Mustang car.
C.The copying by the Royal Copy Center of 22 chapters from various books for sale to college students for use as a text in an astronomy class.
D.The creation and sale of a tee shirt which carries a picture of Chris Evans as Captain America printed on the front.
Q:
18. The first person to discover a fact (e.g. a Peruvian fruit fly can lay 400,000 eggs) can copyright that fact.
Q:
Trademark law can protect
A.the name of a product.
B.an advertising slogan.
C.the way a product is packaged.
D.all of the above.
Q:
19. Courts always regard the use of copyrighted material for educational purposes as a fair use.
Q:
A.A photograph.
B.A motion picture title.
C.A musical score.
D.A bronze sculpture.
Q:
20. All Internet users generally agree that copyright laws should be vigorously applied to the Internet.
Q:
The Supreme Court has ruled that the so-called "sweat of the brow" doctrine
A.protects creators of data bases. B. does not apply in copyright cases. C.protects artists like painters who handcraft their work.
D.applies only in trademark cases.
Q:
21. While the illegal downloading of copyrighted music has increased dramatically in the past five years, the pirating of motion pictures has decreased sharply due to the technical complexity of 3-D films.
Q:
A.The right of reproduction of a work.
B.The right of public display of a work.
C.The right of the preparation of derivative works.
D.They are all recognized rights.
Q:
22. The plaintiff must show that the defendant had access to his or her work when suing for copyright infringement.
Q:
When zoning sexually oriented businesses, municipalities and cities would be wise to cite to which one of the following as a reason for their zoning decision?
A.secondary effects
B.variable obscenity
C.the content of the books and movies sold at the businesses
D.the Comstock Act
Q:
According to the U.S. Supreme Court, what is not to be considered the "community" under the current test for determining whether speech is obscene?
Q:
Explain how some states are addressing the problem of "sexting" by minors through new legislation and why states need to adopt new laws to address "sexting" by minors.
Q:
Provide one example of the use of expert testimony by defendants in obscenity trials that was discussed in Chapter 13.
Q:
Explain the legal relevance of the term "pornography" in the United States.
Q:
The current test for determining whether material is obscene was created in which one of the following U.S. Supreme Court cases?
A.Regina v. Hicklin
B.Miller v. California
C.Roth v. United States
D.Hustler v. Falwell
Q:
Fill in the Blank Space: Under the second prong (i.e., part) of the current test for obscenity created by the U.S. Supreme Court, it must be determined whether the work in question depicts in a ____________________ way sexual conduct specifically defined by applicable state law.
Q:
In which one of the following U.S. Supreme Court cases did the high court make it clear more than 50 years ago that a category of speech called obscenity is not protected by the First Amendment?
A.Regina v. Hicklin
B.Miller v. California
C.Roth v. United States
D.Hustler v. Falwell
Q:
Fill in the Blank Space: In 2012, a jury in Los Angeles convicted an adult film maker named __________________ on multiple counts of obscenity for distributing on his website fetish films that featured scatology and bestiality.
Q:
The name of the feminist legal scholar who claims pornography objectifies women and represents "the power of men over women, expressed through unequal sex, sanctioned both through and prior to state power" is
A.Nina Hartley.
B.Catharine MacKinnon.
C.Nadine Strossen.
D.Stormy Daniels.
Q:
Jim Morrison, the lead singer of the Doors, was pardoned in 2010 for a conviction decades earlier in Florida for _____________________________________________________.
Q:
Prosecutions for transmitting obscenity over the Internet
A.are very rare in the United States.
B.must be initiated in the community where the material originated.
C.must be initiated in the community where the online service provider is located.
D.may be initiated in any community where the material can be accessed.
Q:
The U.S. Supreme Court has held that nude dancing constitutes speech entitled to some degree of First Amendment protection.
Q:
Before the government can prosecute a bookseller or magazine vendor for selling obscene books or magazines, it must show the court that the defendant had scienter, which is
A.legal ownership of the allegedly obscene material.
B.intent to distribute the material.
C.knowledge of the contents of the material.
D.none of the above.
Q:
Under the third prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must determine if the speech in question
A.lacks serious literary, artistic, political or scientific value.
B.lacks serious literary, artistic, public or social value.
C.is utterly without redeeming social value.
D.is utterly without redeeming social and educational value.
Q:
The Supreme Court of Oregon's 2011 decision in the child pornography case of State v. Barger illustrates the growing issue of how
A.states define a "lascivious" exhibition of the genitals of a minor.
B.states define the "possession" and "control" of child pornography on the Internet.
C.states define the term "deviant interest" in child pornography.
D.states and the federal government disagree on the proper definition of "lascivious."
Q:
Under the first prong (i.e., part) of the current test used by the U.S. Supreme Court for determining whether material is obscene, the fact finder must consider how the material in question would be viewed by:
A.the person who created or produced it
B.the person who purchased it
C.an average person
D.the judge hearing the case
Q:
Variable obscenity laws
A.allow various states to have varying definitions of obscenity.
B.permit states to force adult theaters and bookstores to locate in specific areas.
C.permit states to ban the sale of certain kinds of erotic material to minors.
D.allow for the zoning of sexually oriented businesses.
Q:
The 2012 opinion by the Supreme Court of Illinois in Illinois v. Hollins illustrates that there sometimes is a legal disconnect between
A.variable obscenity laws and child pornography laws.
B.variable obscenity laws and obscenity laws.
C.the age at which a minor can be prosecuted for sexting and the laws of child pornography.
D.the age at which a minor can lawfully have sex and the laws of child pornography.
Q:
Lenny Bruce was
A.convicted of showing an obscene movie in California.
B.convicted of performing an obscene comedy routine in Chicago.
C.convicted of exhibiting obscene paintings at a Cincinnati museum.
D.acquitted on charges of exhibiting obscene paintings at a Cincinnati museum.
Q:
The federal government has decided that all suspected terrorists should be tried
A.by secret military tribunals.
B.in open federal courts in the United States.
C.in administrative hearings at the Guantanamo detention facility.
D.this issue is not yet resolved.
Q:
Even in states in which televising trials are permitted, broadcasters must always get prior approval from the trial judge before they can bring their cameras into the courtroom.
Q:
When considering whether to permit the broadcast of evidence in a criminal case, a court should consider
A.whether or not the material has been introduced into evidence in open court.
B.whether the broadcast could jeopardize the defendant's right to a fair trial.
C.what kinds of persons (defendants, witnesses, innocent third parties) are on the video or audio taped evidence.
D.all of the above.
Q:
Public and press access to military courts is generally open, but the question of whether the trials of terrorist suspects by military tribunals will be open has yet to be resolved.
Q:
The Press-Enterprise test is used by judges to determine
A.whether a libel plaintiff is a public figure. B. whether the use of copyrighted material was a fair use.
C. whether a pretrial proceeding will be open or closed.
D.None of the above is correct.
Q:
If a judge orders a trial proceeding closed, only the litigants can formally object to the order.
Q:
Some judges have refused to reveal the names and addresses of jurors sitting in a criminal trial
A.to protect the jurors from outside pressure.
B.to protect the jurors from harassment by the mass media.
C.to help ensure the safety of the jurors if an unpopular verdict is handed down.
D.All of the reasons listed above have been cited by judges.
Q:
The first recorded obscenity prosecution in the United States occurred in
A.1725.
B.1793.
C.1815.
D.1870.
Q:
To overturn a conviction in a trial that has been televised, the defendant must show
A.that the use of the electronic recording equipment made a substantial difference in the outcome of the trial.
B.that the cameras focused on the jurors as well as the other trial participants.
C.that the television coverage of the trial prejudiced the members of the community against him or her during the trial.
D.that he or she had not given permission for the proceedings to be televised.
Q:
The First Amendment does not protect the:
A.production of child pornography.
B.distribution of child pornography.
C.possession of child pornography.
D.production, distribution and possession of child pornography.