Jour 371 – Final Exam
Unlock all answers in this set
Unlock answersquestion
Angela signs up for a social media app called Chatterbox. One morning when she tries to load up the app, she finds out she has been blocked. She finally navigates to a place where she can get an answer. She's told that she's just been too chatty, posting dozens of times a day when site users are limited to five. \"What about my first amendment right to free speech?\" she asks. \"We love the First Amendment,\" she is told by the site owner, \"but..\"
answer
any of the above - they own the site, can set a limit, not public, as a member you're subject to the rules
question
Ajax College was having a problem. Fraternities were having dances on \"school nights\" and students were having a hard time staying awake in class the next day. The college responded by passing a rule that said, \"there shall be no dancing on campus except Friday and Saturday nights.\" As it happened, a touring ballet company was planning a performance on a Tuesday night. Does the rule apply to them?
answer
Yes, which illustrates the rule, as written, is overbroad
question
Lucille wrote a book of poems and had several copies printed. She took a dozen to a bookstore and said, \"Sell these, please, and I'll come back later and get the money.\" The store owner looks at the book and says, \"No thanks.\" Sue says, \"What about my freedom of expression?\" The store owner would reply:
answer
Your freedom to write and publish the poems creates no obligation for anyone else, including me
question
People leaving church on sunday became tired of seeing drunks sitting on park benches swilling beer and whiskey. They visited City Hall and the town government enacted a law making \"use of alcohol on Sunday\" a misdemeanor. The police chief happened to be a constitutional purist, so on Sunday morning he went to the hospital and wrote citations to every doctor and nurse he saw cleaning or treating cuts and scrapes with any solution containing alcohol. The moral of the story is:
answer
Laws must be written with precision; this one is both vague and overbroad
question
Immigration tax and bankruptcy courts are examples of
answer
federal specialty courts
question
A key rationale behind adoption of the First Amendment was:
answer
Maximization of personal freedom
question
The best source of information for journalists about court actions is
answer
court records
question
A rationale for concentric layers of government in america (towns deciding town matters; states deciding state matters and the federal government deciding national matters) is that:
answer
Officials closest to a situation are in the pest position to address the situation
question
On the job, a working knowledge of media law is important because:
answer
\"Alarm bells\" may go off in your brain to alert you that something being considered may merit more thought
question
Which of the following is not one of the five freedoms identified by name in the first amendment
answer
Liberty
question
Every year since she was a little girl, Marsha's mother had bought her new pajamas to wear on Christmas morning. One year, though, there were no pajamas, and Marsha was sad. Legally speaking, Marsha's reliance is similar to that arising through:
answer
Stare decisis
question
Loretta loved her video game called ICE CREAM LAND. She would play it for hours, creating all sorts of ice cream goodies and winning all sorts of points. She also became a big fan of the ice cream shop near her home, printing pictures of her ICE CREAM LAND creations and enticing the shopkeepers to duplicate them. Over time, Loretta gained a lot of weight. A whole lot of weight. One day, sadly, Loretta exploded. Her family blamed the video game and decided to sue based on what had happened to Loretta. What will the family be required to prove?
answer
an almost exact causal connection between her playing the game and her death; that the game killed her
question
A good word to describe the American system of governance is:
answer
Concentric
question
Congress was meeting and somebody said that it would be a good idea to annex Canada, to make it part of the U.S. A good first question would be:
answer
Does congress have this power under the U.S Constitution?
question
Sue owned an organic foods store. She prepared a flyer and took it to CopyMaster to be printed. As it happened, an employee at CopyMaster had a sister, who also owned an organic foods store. The employee was shocked and appalled to see Sue's flyer openly accused her sister of selling toxic, unhealthy food. She calls her sister, who wants to stop Sue from distributing the flyers. What's this called, and can she?
answer
Prior restraint, and no
question
Fred returned to campus and was sad to learn that his roommate had failed to empty the refrigerator before leaving for summer. Fred carefully bagged to contents, but the odor was strong and unpleasant. He drove to campus and placed the bag in a dumpster. A University police officer saw this and wrote Fred a citation for \"litter.\" Fred looked up the University code and it defined litter as \"failure to dispose of waste or other refuse in a proper container.\" He decides to plead innocent. Is he innocent?
answer
Yes. The law uses precise definitions and the element of an offense must be clearly defined. Nothing in the definition of littering fits the facts of what Fred did.
question
In Mississippi, all judicial positions except municipal judgeships are filled:
answer
By nonpartisan popular elections
question
Black letter or written, prescriptive law is where we find:
answer
All of the above - assorted 'thou shalls' and 'thou shall nots', a society's rulebook, clear, advance definitions of what is illegal
question
Bob thought his University charged too much for everything. As a form of silent protest, he tweeted to ask all students, whenever passing the university payments window, to turn their pockets inside out, shrug their shoulders, and stare for one second at the teller before walking on. This aggravated campus authorities, and because they know you are familiar with the First Amendment, they asked you if there was a name for this. You said, \"Why yes, it's called...\"
answer
Symbolic speech
question
In a court of equity, the duty of a judge is to:
answer
Find a solutions to situations the people in court can't find for themselves; to \"do right\" between the parties.
question
Ed saw on the Tutwiler Fire Department website that a fire had occurred at a restaurant owned by Ted. The news release said Ted was being investigated for suspicion of arson. Ed went to church with Ted, so he reposted the news release and added, \"I hope this is not true.\" As it turned out, Ted was in California and the website was simply wrong. The fire started because a cook accidentally left the ovens on. Ted still felt Ed gave him public cooties because no one really knew about the investigation until Ed spread it around. Ted sued Ed for libel. What's decisive on these facts?
answer
Qualified privilege
question
Lorraine is the marketing specialist for ABC Dairy. The dairy has submitted a bid to sell milk to the local public schools. As bids were being opened during a public school board meeting, one board member said, \"I see ABC bidding again. I don't care what their price is, they're not getting the contract. Their milk is always sour and makes our children sick.\" As it happens, the comment is reported in the local newspaper the next day, and several people heard it during the lifestream of school board meetings. The president of ABC Dairy goes to Lorraine and say, \"What can we do?\" Lorraine's best answer is:
answer
\"We can create a marketing campaign to counter this, but that's all because it appears the comments were made with official privilege.\"
question
Pearl doesn't like sports and thinks coaches are disgusting. She posts on the internet, \"I don't see how anyone could have anything to do with any coach. They spit all the time, they curse and every one of them steals from the ticket money.\" You represent Hugh, a coach, who swears he's never taken a penny of the ticket money. He feels he has been defamed. You tell him:
answer
I'd love to help you, but you were not identified.
question
When a publisher of a false and defamatory statement of fact is notified that a lawsuit for libel is forthcoming and the publisher, in response, issues an appropriate retraction, the consequence is:
answer
only actual damages may be recovered by the libeled party
question
James was the employee-spokesman for Orion Chemical after a toxic spill in 1965. Several people were killed. As spokesman, James told the press Orion was not at fault. He later found out that was a completely false statement of fact, quit his job, and moved to Oregon where he grew organic vegetables. Watching TV one night in his retirement home, he sees a PBS documentary on toxic waste and it includes the video of him lying to the public. All the other people in the retirement home start treating him as if he has cooties. They will no longer play dominoes with him and he sits alone at lunch. If he sues PBS...
answer
He will have to prove actual malice because as to that incident he was a public figure, even if he was just doing his job
question
Matilda has a client who sells brooms. Every time Matilda tries to create a social media campaign about the quality of her client's brooms, a competitor weighs in with comments that the brooms are horrible, defective, fall apart, are no good, and such. Although business is good, the client is very frustrated by this and wants to sue. Because Matilda has taken JOUR 371, she knows:
answer
In a product disparagement case, there must be proof that statements caused an economic loss
question
Betsy's grandfather, Bob Jones, decided it was time for him to join this social media thing. She bought him an iPad and created a Facebook account for him. She asked him about \"friends\" and he gave her a list to invite. One of them was a girl he had known when he was in high school. She accepted his offer and Betsy showed her gramps how to look back to previous posts. As they were scrolling back, he stiffened when read what his friend from high school had posted in 2011: \"I'm glad I didn't marry Bob Jones when he asked me. I hear he's been to prison three times.\" Betsy's gramps has never been accused of a crime and never gone to prison, but wondered why he had not been invited to any of the recent class reunions. What's your analysis?
answer
In Mississippi, the statute of limitations would have expired
question
In Mississippi, this court is normally the proper court for libel actions:
answer
Circuit court
question
Bob, a college senior, wrote a parting commentary in the college newspaper about his time at the University. In the commentary, he said every professor in every class he had taken was weird and that he hoped he never saw any of them again because they were all freaks. The association of All Faculty got in a real snit about this and decided to sue the newspaper for defamation. Any problem with this?
answer
All of the above - yes, all Bob's statements were value judgements, not provable statements of fact, yes this fails on the element of identity, no professors were named, appears to opinion. Libel as a matter of law, must be based on false statements of fact
question
Olaf wrote on Instagram that Anna and Kristoff are seeking a divorce because Anna is seeing Hans again. Anna is furious over this false statement of fact that damages her reputation, but she knows Olaf has no money to pay damages. She decides to sue Instagram. Assume this takes place in the U.S, not Arendelle. What result?
answer
The Communications Decency Act makes Instagram immune from damages
question
In a libel case, the test for whether a public employee will be deemed a public figure is determined by:
answer
How much control they have or appear to have over the matter in question
question
The Associated Press, a cooperative agency which gathers news from many sources and redistributes it to thousands of members, issued a story that a private citizen named Bob Babson of Little Rock, Arkansas, had been charged by the FBI with conspiring to import bomb materials. There is a Bob Babson who lives in Little Rock, but the AP made a mistake. It's the Bob Babson of Los Angeles who was arrested. Before AP could correct its story, hundreds of newspapers, websites, radio, and television stations reported the wrong information. Which of the following is true?
answer
Bob Babson of Little Rock has a libel case against the AP, but not any members who reported the story
question
American first lady Michelle Obama is in line at a grocery store when she sees a magazine headline above her photo. The headline says, \"Michelle pregnant with Donald Trump's love child.\" If she sues the magazine,
answer
She will be required to prove the magazine acted with actual malice
question
Which of the following is true about deformation?
answer
All of the above - opinions of what's defamatory can change over time, people were once jailed for engaging in defamatory speech, and the single publication rule says the time clock for the statute of limitation starts when a defamatory statement is first published
question
Negligence is defined as failing to exercise reasonable care. Evidence of failing to exercise reasonable care may include:
answer
failing to use available, reliable sources for information
question
Your boss calls you into her office. \"We're in trouble,\" she says. \"Jan just found out that the Grisham Agency won the bid to do the marketing for Birdsong perfumes, which had been Jan's major client. The boss tells you that when Jan heard she was losing the client, she phoned the account manager at the Grisham Agency and accused him of lying, cheating, and everything else. \"She said horrible, hurtful false and defamatory things,\" the boss tells you. \"I believe they are going to sue us for libel. You took media law. What do you think?\"
answer
Don't worry, nothing was published.
question
One of Kayla's friends posted a photo of a group at a party and tagged it, indicating Kayla was an Omega pledge. Oops. Kayla was a Delta pledge. Her big sister in the Deltas had an alert set on Kayla, so she was notified immediately that Kayla's photo was on the Internet. There was nothing wrong with the photo other than it misidentified Kayla's sorority affiliation, but the big sis called Kayla and chewed her out. Kayla was humiliated. She decided to sue her friend. Why should Kayla lose?
answer
Because there's nothing defamatory about being an Omega
question
Jason's boss pulls him aside at the restaurant where he works. The boss says, \"Watch Linda. She's shortchanging customers and pocketing the money. I won't have people working here who steal.\" Jason tells Linda what was said. There's a camera on the cash register and it proves Linda has never - not once - given incorrect change. She feels the boss has given her cooties and wants to sue him for libel based on the false statement of fact because it has hurt her reputation with her coworkers. What result?
answer
Normally, this would be a libelous act, but there's an exemption for false statements of fact made in a 'circle of trust' and this appears to be one of those situations.
question
Katy Perry, a famous singer, was interviewed on TV and said she thought her former manager was \"despicable.\" The former manager had attracted several new clients. Each one of them fired him after hearing what Katy Perry said and he was unable to get work. He engaged an attorney to sue for libel. What result?
answer
He has provable damages, but loses because \"despicable\" is a statement of opinion.
question
A person is defamed when:
answer
he or she \"loses face;\" loses respect of others
question
Rhonda has a marketing agency. For one of her clients, a cookie company, she builds a new campaign with the message that the cookies are so good because they are made by elves. The campaign works very well. Another cookie company sees sales falling, sues, and can prove damages of lost revenue. What result?
answer
If this were a libel case, Rhonda's client would win because a false statement of fact must be believable.
question
Jimmy Olsen got a tip that the mayor of Meridian had been arrested and immediately tweeted out to his 600 followers: \"Meridian Mayor Tom Jones has been arrested. I had suspected he was a crook all along.\" As it turned out, the tip was true, but it was the mayor of Meridian, Conn., Sue Simpson who had been arrested, not Tom Jones. What will save Jimmy?
answer
The decision in Times v. Sullivan
question
The internet has complicated some lawsuits based on libel due to:
answer
Jurisdiction issues
question
The two categories of damages we discussed are:
answer
Actual and punitive
question
Jim manages social media for Trusty Used Cars and is instructed by his boss to post \"only positive comments about our dealership.\" Jims screens all comments before they are posted. He allows Billy Jean to post, \"I love Trusty; I shopped first at Reliable Used Cars and they are liars who tried to rip me off.\" On these facts, Jim is:
answer
A republisher
question
Myrtle's Donuts believed in aggressive advertising. Myrtle directed her marketing manager to create a two-columned ad. On the left side was the logo of Myrtle's donuts above the words \"A quality product made from the purest ingredients. Never recalled.\" On the right side was the logo of a competitor's donuts. Below it was a column of dates with the word \"recalled\" beside them. In fact, the competitor had recalled its donuts on each of those dates, but voluntarily because they would have been stale if sold after those dates. There was never a question of purity or any safety-related recall of the competitor's product. Your analysis?
answer
This seems to fit the elements of false light publicity
question
Ed was in charge of selling subscriptions to Country Girl magazine. At the end of they year, he went back through the sales figures for each edition and discovered that one with a closeup of singer Faith Hill sold the most. Using his computer, he miniaturized that cover to use in an advertisement seeking new subscribers. This is called:
answer
Incidental use and is not an encroachment on Hill's right of publicity
question
Taylor Swift, a superstar singer, was sitting on the Union steps drinking a Diet Coke and looking at her Twitter feed. It was a hot day. The next day she was shocked, surprised, and even embarrassed to see her photo on the front page of The DM newspaper with the caption, \"Another Scorcher.\" The edition turned out to be the most popular in the student paper's history. People all around the world started ordering reprints and paying $50 per copy just to get a picture of Swift while she was at Ole Miss. People who never sipped a Diet Coke were buying it by the case, and a spokesman for Coca-Cola said it was the best sales incentive the company ever experienced. Her agent called the newspaper, outraged, and said, \"What made you think you could use my client's photo without my permission?\" You've taken Jour 371 so you say...
answer
The news exception
question
Alice was excited about a call-back for a second interview regarding her application to become a first-grade teacher. She shared this news on Instagram and added a photo of the elementary school. She captioned it, \"This is where I may be making life hard on little creeps next year!\" Shortly after she posted this, she got a text from the school board, canceling her second interview and telling her she was no longer under consideration for the position. This illustrates:
answer
No privacy interest can be placed in information a person voluntarily places in public view
question
A problem with rape shield laws is that
answer
All of the above - they're prior restraints, tend to perpetuate the belief that victims are damaged, and in some situations, a person has been identified to the public before the report of a sex crime becomes known
question
Everybody told Jimmy he had an honest face. One day, when driving to his job at the donut shop, he was surprised to see his face smiling from a billboard for a bank. The display did not include his name, just the photo. The wording on the billboard said, \"Finance your next car with us. We are the people you can trust!\" Your reaction?
answer
This is the classic appropriation case. All the elements are there.
question
Mabel, a student, was sitting on the Union steps drinking a Diet Coke and looking at her notes from class. It was a hot day. The next day, she was shocked, surprised, and even embarrassed to see her photo in a DM newspaper advertisement with the caption, \"Diet Coke is the No. 1 choice of Ole Miss students.\" She called the newspaper, outraged, and said, \"What made you think you could use my photo without my permission?\" You have taken jour 371 so you say:
answer
Oops. We should have had your permission. This was appropriation of your name or likeness for trade purposes. We're guilty of that.
question
Jerry likes his free gmail account, but is tired of all the ads that appear, seemingly targeted to him personally. He does a bit of research and learns that Google is scanning his messages for key words and using those key words to sell advertising that does, in fact, target him as a likely prospect. He decides to sue Google for invasion of his privacy. Google's best defense is:
answer
consent
question
Legal considerations of privacy arises in which of the following contexts?
answer
All of the above - autonomy, space, and information
question
Lurline was an intrepid reporter. She heard the governor was in the hospital for cosmetic surgery, so she dressed as a hospital employee, went into her room and took several pictures of the governor's bandaged face. As she was preparing to leave, the governor opened her eyes and said, \"Lurline! What are you doing here?\" Lurline admits she was trying to sneakily take some photos, but that if the governor objected, she wouldn't publish them. You are the lawyer for the governor, what do you tell her?
answer
This was intrusion upon seclusion. It doesn't matter whether the photos were published. You can sue her for damages and win.
question
Eli Cooper is a famous professional football player who lived in a rental house in Oxford when he was a student at Ole Miss. Several houses in the area rent for $1,000 a month. The landlord of the house where Eli Cooper lived had a sign made saying \"Eli lived here\" and rents the house for $2,000 per month. On its face this is a violation of Eli Cooper's:
answer
Right of publicity
question
The Poynter test for use of stealth has several factors, including:
answer
Whether the information is available without using stealth
question
Ed Johnson opened Ed's Donut Shop on Main Street in Tutwiler and a few months later Ed Smith opened a donut shop on Oak Street in Tutwiler. He also named it Ed's Donut Shop. Ed knows you are a college graduate, so he asks you, \"What about my right of privacy?\" You say:
answer
You have a personal right of privacy, but no privacy right arises with the name of a business.
question
Billy McCoy decided to run for governor. When he filed his paperwork, an intrepid reporter with Ancestry.com access decided to trace the candidate's family tree. When he did, he happened upon a great-great-grandfather that public records said was hanged in 1875 as a horse thief. The reporter used this information in his profile on the new candidate, who had never been told this about his great-great-grandfather and was very displeased. McCoy wants to sue the reporter for public disclosure of private facts. Will McCoy win?
answer
No. A fact in a public record never becomes private information, regardless of how old the record may be.
question
Tri-Alpha sorority wanted to have a fundraiser for an orphanage. To boost ticket sales, they created a poster advertising a spaghetti supper for $10 per ticket and added the words, \"Free autographed photo with movie star Brad Pitt with every ticket.\" As it happened, everybody on campus knew the Tri-Alphas were liars as well as bad cooks, they actually sold fewer tickets than the year before. Brad Pitt's agent, however, happened to be in town and didn't think it was very funny. What do you think?
answer
This is a violation of Mr. Pitt's right of publicity
question
Herbie was up in his attic when he found an old radio that must have been his grandfather's. He plugged it in and started turning dials. To his amazement, he started hearing conversations taking place on cell phones. As he listened, he recognized the voice of Hillary Trump, a presidential candidate. He switched on the recorder app of his smartphone and was amazed to hear the candidate say, \"Bring as much cocaine to my hotel room as you can tonight. It has been a long day and I really need to zone out.\" Herbie senses this may be newsworthy, so he brings the recording to you, the manager of a local TV station. You immediately recognize:
answer
Herbie, intentionally or not, has violated the Electronic Communications Privacy act
question
Janet and her roommate were walking down the hall of a classroom building when they encountered one of her professors. The professor spotted Janet and said, \"Hey. Why didn't you study for your test in my class? You made the lowest grade - a big, fat, F.\" Janet's roommate and everyone else in the hallway heard this. The professor has:
answer
Violated FERPA
question
According to the U.S Constitution,
answer
A personal right of privacy is created through multiple provisions in the Bill of Rights
question
With the advent of video cameras in smartphones, law enforcement agencies have objected to crowds forming whenever they try to make an arrest or conduct any type of investigation. So far,...
answer
The Department of Justice has issued a letter indicating taking photos in a public place is as constitutional as it has always been.
question
Mabel, a student, was sitting on the Union steps drinking a diet coke and looking at her notes from class. It was a hot day. The next day, she was shocked, surprised, and even embarrassed to see her photo on the front page of the DM with the caption, \"Another Scorcher.\" She called the newspaper, outraged, and said, \"What made you think you could use my photo without my permission?\" You have taken JOUR 371, so you say:
answer
Sorry. We didn't mean to often you. But you were in a public place and the news exception applies.
question
Wendy is a college student. Her father has a business baking birthday cakes. One day, he sends Wendy to deliver a cake and she is blown away by the decorations the birthday child's mother has prepared. After she places the cake in the center of the table, she turns to the mom and asks, \"May I shoot some video of this to use in my father's TV commercial?\" The mother says, \"Yes, definitely.\" She takes out her smartphone and turns to the 20 children saying, \"I'm going to take your picture now for TV. Is that okay?\" The children all say yes and Wendy shoots the video. The next day, Wendy goes to media law class and learns...
answer
She is in trouble if she uses the video because children cannot give consent
question
Hollywood releases a new movie and one of the characters in the movie is a greasy, sleazy, corrupt governor named Jimmy Nixon. As it happens, the real governor of Utah is named James Nixon. When Gov. Nixon hears about the movie, he is very upset. He knows the movie character is not based on his life, but believes his constituents will be confused or mock him. He sues the movie company for appropriation of his name or likeness for trade purposes. What rule applies?
answer
When the 'name or likeness' is strictly coincidental, there is no privacy-based tort
question
The prime directive for any marketing professional is:
answer
Place the most effective message in front of the greatest number of the most likely customers at the least possible expense.
question
Emma is the marketing coordinator for Action Plastics, which makes figurines of comic book personalities. She is very proud of her degree from Brand X university and comes to you, a new hire in the marketing department. \"We need to know who's hot so we can set up our assembly line for Christmas,\" she tells you. \"Set up something on the Internet to find out from children who they like best.\" Your degree is from Ole Miss, so you say:
answer
We'll have to be creative because the Children's Online Privacy Protection Act prohibits harvesting marketing data from anyone younger than 13.
question
When questions of personal privacy arise, Americans tend to value their right to be left alone greater if the alleged intrusion is:
answer
by the government
question
A kindergarten teacher was stabbed to death, allegedly by a mom who became enraged when her son scored a C- in \"sandbox.\" The whole town is buzzing about the upcoming trial. To calm things down, the trial judge issues an order telling the police, the attorneys and all other witnesses not to answer any questions about the case or to discuss the case with anyone. This is called:
answer
A gag order and it is constitutional
question
Which of the following would not be subject to the Mississippi Open Meetings Act?
answer
Directors of a shipbuilding company that has a major contract to build U.S. Navy ships.
question
In Mississippi's Open Records Act, \"records\" refers to:
answer
all of the above - paper and digital records, docket books, emails
question
The Dendrite test:
answer
Requires, under certain conditions, the provider of an Internet service, to provide whatever identifying information it has about an otherwise anonymous user of that service
question
Does Mississippi allow cameras in courtrooms?
answer
Yes, if advance permission is obtained and photographers follow court rules.
question
Speaking at the Overby center, state Rep. Greg Snowden, D-Meridian, predicted which of the following would occur in the Legislature if Initiative 42 passes on Nov. 3?
answer
A vote to fully fund the Mississippi Adequate Education Program (MAEP) formulae
question
Judy reports on the Tutwiler Town Council for the Daily Planet newspaper. The council has been having lots of closed meetings and she believes they are illegal. The next time they vote to close their meeting, she votes to leave her backpack in the room with her smartphone recording app turned on so she can listen later to the conversation. This is:
answer
Wiretapping
question
When making a promise of confidentiality to a source, a journalist should:
answer
Advise the source that there are circumstances under which the promise might have to be broken.
question
At one of her trips to City Hall, Judy, a reporter for the Daily Planet newspaper in Tutwiler, Mississippi, is told that day's scheduled meeting will be a budget work session and that because no votes will be taken, the meeting is not open to the public. What do you think?
answer
Mississippi law says any meeting where public business is discussed must be open unless closed for a reason allowed by law. Budget discussions are not an exception.
question
Speaking at the Overby Center for Southern Journalism and Politics, attorney Michael Bentley said the purpose of 42A is:
answer
to confuse voters
question
A juror is impartial who:
answer
is able to base his or her verdict solely on information obtained in a courtroom during a trial
question
While on her way to work at The Daily Planet where she is a news reporter, Judy sees a train smash into a car. A man is killed and his family sues the railroad, alleging that the train was traveling way in excess of the posted speed limit for that area. Judy is subpoenaed to testify and expects to be asked, \"How fast do you think the train was going?\" She should:
answer
Go to court and tell the truth
question
The Freedom of Information Act presumes that all documents created by federal agencies are available to the public, but:
answer
The federal government is so large and prolific finding the right agency and the right information is an ongoing challenge.
question
Under Mississippi law, questions about open meetings and open records laws may be submitted to:
answer
The Ethics Commission
question
The best gauge as to whether a public meeting or record should be open is:
answer
Whether closure serves a public interest
question
Which of the following contribute to the impression that media representatives are granted special recognition under the law
answer
There's a press room in the White House
question
Records are normally sealed in which of the following courts?
answer
Youth court
question
For media practitioners, the First Amendment assures:
answer
The same legal standing as any other citizen
question
A trial is being held for a person accused of beating and robbing an elderly woman. The defendant is a gang member, and his fellow gang members have posted in several places on social media that \"Anyone who testifies against our brother is going to be sorry.\" There are three eyewitnesses who will be called to testify. The judge should:
answer
Find the least restrictive way for the witnesses to testify without their identities being disclosed
question
Which of the following is true about FERPA?
answer
Allows the release of \"directory information\" about students unless students affirmatively ask that information not to be disclosed
question
The main purpose of a trademark is:
answer
Product differentiation
question
Which of the following is free expression, protected by the First Amendment?
answer
All of the above - indecent material, adult material, sexually explicit content
question
While walking through an art gallery, Johnny, a magazine publisher, saw a striking landscape painting of a horse in the foreground with a pasture and barn in the background. Just looking at this painting relaxed him. He returned to his office and told his creative staff he wanted a photograph of a horse standing in a pasture near a barn as the cover of their next special \"How to Relax\" issue. The resulting photo on the magazine cover was similar to the painting only in that it had those three elements - horse, pasture, barn. The artist saw Johnny at the gallery and also saw the magazine over a few weeks later. She felt her copyright had been violated. Has it?
answer
No, this is transformative use. He got inspiration from the painting.
question
An argument against allowing people to traffic in sexually explicit content is:
answer
It objectifies women and tends to relegate them to perpetual second-class citizenship
question
Which of the following expires in 20 years?
answer
A patent
question
Bert and Ernie were dispatched by GNN (Global News Network) to accompany scientists on an Arctic Expedition. While there, they shot spectacular video of the Northern Lights. It was so beautiful. No one had ever seen anything like it. After their story aired with some of their spectacular video, GNN decided to sell DVDs with extended footage. The DVDs became an instant hit in the meth community. Hundreds of thousands of DVDs were sold because meth-heads said viewing the video made their drug experience more intense. So, what started as a routine news story generated millions of dollars in unexpected profits for GNN. What do Bert and Ernie get?
answer
All of the above - nothing, if this was a work made for hire, it depends on what they negotiated with GNN before the trip, and fame in the meth community
question
Ben and Jerry became friends on the Internet even though Ben was 40 and Jerry was 15. Normally, their messages were about sports, music, and other interests, but eventually, Ben started hinting that he was in love with Jerry and would like to meet him in person to consummate their relationship. Jerry agreed, but when Ben drove into the parking lot of the Holiday Inn where they had agreed to meet, Ben was arrested and charged with soliciting a minor. Ben calls his lawyer who shows up at the police station and demands that his client's First Amendment Rights were violated. What do you know about this?
answer
If \"expression\" constitutes a crime, the First Amendment isn't implicated
question
JoBeth really hated the three local news stations in her market and thought they did a lousy job. Everyday she'd capture a portion of at least one news segment and repost the video excerpt on her site with comments about how stupid it was, how the reporter didn't know what he was talking about and such. Not surprisingly, the station's general managers got a little tired of this and had their legal teams draft a letter informing JoBeth their newscasts were copyrighted and telling her was she was doing was illegal. JoBeth texts you because she knows you took media law. You tell her:
answer
You're not violating their copyright. The law permits excerpts under the fair use doctrine for the purpose of comment or criticism
question
In America, the foundational authorization for intellectual property law is in:
answer
The constitution
question
Which of the following is true about this test?
answer
It is copyrighted because it is original work reduced to a tangible medium of expression
question
Which of the following has no fixed expiration date?
answer
Trademark
question
In legal-centered conversation, \"ownership\" is:
answer
Usually severable and subject to an array of terms and conditions
question
Julie wrote a song professing her love for the study of media law, recorded it and uploaded it to YouTube. A few days later, she walked past the Union and a student was sitting on the steps, playing a guitar and singing \"her song.\" She walks up to him and says, \"Hey, you're violating my copyright.\" The singer looks at her and says, \"No I'm not. I saw it on YouTube and there was no copyright symbol or claim of copyright, so it's in the public domain.\" Julie says,
answer
That doesn't matter a bit. Display of the copyright symbol is not required.
question
Janet was a TV producer. One day, she saw a show from the 1960s called \"The Dating Game\" on the rerun channel. It featured one contestant who asked questions to three people of the opposite sex. Based on their answers the contestant would choose one of them for an all-expenses paid date to a fancy restaurant and Broadway show. Janet couldn't get this show off her mind. She scripted a plan and pitch for a reality show she planned to call, \"America's most eligible.\" On her show, a contestant would spend time with three others of the opposite sex with cameras following them everywhere they went. At the end of the show, the contestant would pick one of the three to accompany on a week's vacation to Hawaii or Cancun. As it happened, the creators of \"The Dating Game\" saw \"Americans most eligible\" and want to sue for copyright violation. Will they win?
answer
No, if the jury finds this was a transformative use.
question
Pete is entrepreneurial. He knows people care about the cost of college, so he visits the website of every college in America and creates an alphabetical list of the name of the school and what the school posts as its typical annual cost of attendance. His idea is to simplify and speed up providing this information to people who want it. He sets up a website college costs.com and includes a pay wall, so users must pay him $5 to view the lists. It works well for a few weeks, but then Pete notices his list has been duplicated and lots of other people are posting it for free. He knows you have taken media law, so he comes to you and asks what he can do to reinforce his copyright. You tell him:
answer
Sorry Pete, but your work is not original - so its not subject to copyright
question
Televisions sold in the U.S must be programmable, allowing owners to screen out content if they so desire. Media companies assign \"ratings\" that are embedded in their signals so that selected content will be filtered out. This is an example of:
answer
Government and industry responding to consumer interests
question
Plagiarism is failing to identify the source of content, overtly or implicitly claiming it to be original. Copyright infringement also involves using content created by others, but this is more akin to:
answer
theft
question
When deciding whether a depiction is obscene, the courts will look to:
answer
local community standards
question
Pat opened a body art shop, Pat's Tats, and asks you for advice. He wants to make sure no one else can use that name. You tell him:
answer
Register it as a trademark
question
When he started kindergarten, Billy wrote a poem. It was about how he wanted to be an astronaut. His mother tucked it away. As Fate would have it, Billy became an astronaut. As his 70th birthday approached, Billy's sister, who found the poem when their mother died, wanted to use it on the cover of the invitation to his birthday party. She brings the copy to you, a graphic designer. Any legal issues with using the poem?
answer
Legally speaking, Billy still owns the copyright. So his permission to reprint would be required.
question
One morning, Newschannel 12 sent a team to cover a routine house fire. As the reporter was asking questions, she learned that a mother cat and five kittens had perished in the blaze. She included that information in her story. The kittens were not mentioned in the official fire report, and when NewsTeam 6 reported on the fire at 5p.m., only the information in the official report was aired. By 10p.m., NewsTeam 6, which apparently monitored Newschannel 12's story, had returned to the scene and shot video of a 12-year-old girl at the house, tearful about the demise of her cat and kittens. Clearly, NewsTeam 6 had sent the crew out based on Newschannel 12's reporting. NewsTeam won an Emmy for its reporting. Is there a legal issue here?
answer
No. Can't copyright facts
question
Intellectual property rights changed the world by:
answer
Allowing people to own and trade in products of the mind
question
Jack and Jill went up the hill to their nearest cineplex. They had their 10-year-old son with them. When they tried to buy tickets to the new James Bond movie. The clerk said, \"I can sell you tickets, but the rating assigned to this movie says 10-year-olds are not allowed by law.\" What's wrong with this statement?
answer
The rating's system is voluntary, not set by law
question
Ricky-Bobby had an idea. He knew Dale Jr. had a big fan following, so he created a website dedicated to photos and stories about Dale Jr. It was essentially, a fan page. He sold banner ads on the website and made pretty good money. Any time he saw an article or photo about Dale Jr., he would cut and paste or drag and drop it onto his site. Any legal problem?
answer
Yes. Dragging and dropping or cutting and pasting from other websites as described here violates copyright law.
question
Jimmy operated a news aggregation site, specializing in election results. He would search the Internet for elections and report the numbers. Sometimes he would get the numbers from official sources, such as county clerks; sometimes he would take them from private organizations' sites - including media companies. Has he violated copyright law?
answer
Not really. Facts can't be copyrighted.
