question

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?

answer

Roth v. United States

question

A community may use studies done in other cities to establish its need for a zoning law for adult businesses.

answer

True

question

Variable obscenity laws:

answer

permit states to ban the sale of certain kinds of erotic material to minors.

question

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.

answer

lacks serious literary, artistic, political or scientific value.

question

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.

answer

Ira Isaacs

question

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 determine if the speech in question appeals to.

answer

a prurient interest.

question

The first recorded obscenity prosecution in the United States occurred in:

answer

1815

question

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 patently offensive way sexual conduct specifically defined by applicable state law.

answer

True

question

Lenny Bruce was:

answer

convicted of performing an obscene comedy routine in Chicago.

question

In 2013, child pornography found its way on to Facebook and received more than 5,000 "Likes."

answer

True

question

The First Amendment does not protect the:

answer

production, distribution and possession of child pornography.

question

The current test for determining whether material is obscene was created in which one of the following U.S. Supreme Court cases?

answer

Miller v. California

question

Prosecutions for transmitting obscenity over the Internet:

answer

may be initiated in any community where the material can be accessed.

question

The Supreme Court of Oregon's 2011 decision in the child pornography case of State v. Barger illustrates the growing issue of how:

answer

states define the "possession" and "control" of child pornography on the Internet.

question

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?

answer

secondary effects

question

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:

answer

an average person

question

The 2012 opinion by the Supreme Court of Illinois in Illinois v. Hollins illustrates that there sometimes is a legal disconnect between:

answer

the age at which a minor can lawfully have sex and the laws of child pornography.

question

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:

answer

knowledge of the contents of the material.

question

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:

answer

Catharine MacKinnon

question

The U.S. Supreme Court has held that nude dancing constitutes speech entitled to some degree of First Amendment protection.

answer

True

question

The use of copyrighted material by the news media is never considered an infringement.

answer

False

question

Which of the following would not likely be protected by a trademark?

answer

All of the above would be protected.

question

All Internet users generally agree that copyright laws should be vigorously applied to the Internet.

answer

False

question

How have U.S. courts ruled regarding the question of whether research findings can be protected by copyright?

answer

Research findings cannot be protected by copyright.

question

Which of the following uses of copyrighted material would most likely be regarded a fair use?

answer

The use of a few stanzas of a poem in an obituary for a poet.

question

16. The first person to discover a fact (e.g. a Peruvian fruit fly can lay 400,000 eggs) can copyright that fact.

answer

False

question

The Supreme Court has ruled that the so-called "sweat of the brow" doctrine:

answer

does not apply in copyright cases.

question

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.

answer

False

question

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:

answer

have the same general theme and express this theme in the same way.

question

Which of the following cannot be copyrighted?

answer

A photograph.

question

Which of the following is not an exclusive right recognized under copyright law?

answer

They are all recognized rights.

question

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.

answer

all of the above.

question

When Congress passed the Digital Millennium Copyright Act in late 1998, it implemented the

answer

World Intellectual Property Organization treaties.

question

If a writer sells a magazine the first serial rights to a story she has written, the magazine has the right to

answer

publish it first, but only once, anywhere in the world.

question

A work is not protected by copyright unless it carries a notice and is registered.

answer

False

question

Courts always regard the use of copyrighted material for educational purposes as a fair use.

answer

False

question

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.

answer

False

question

Which of the four fair use criteria usually carries the most weight?

answer

The effect on the market value of the copyrighted work.

question

The plaintiff must show that the defendant had access to his or her work when suing for copyright infringement.

answer

True

question

One reason plagiarism is more common today is

answer

It is much easier to get access to material today via the Internet.

question

Commercial speech did not officially receive any First Amendment protection until the

answer

1970s

question

In 2012, a federal court in Church ; Dwight Co. v. Clorox Co. issued an injunction prohibiting Clorox from airing a commercial about one of the following products due to misleading claims and a lack of supporting evidence for those claims?

answer

cat litter.

question

In determining whether an ad is deceptive, the FTC will view that ad from the perspective of the most vulnerable consumer.

answer

False

question

Under the Lanham Act, an advertiser can force a medium, like a newspaper, to publish an advertisement.

answer

False

question

Advertising agencies and the mass media can also be held responsible for false advertisements.

answer

True

question

An advertisement that makes the claim that a company sells "the hottest fashions in town" is known as puffery.

answer

True

question

The FTC has the power to enforce antitrust laws when two companies seek to merge.

answer

True

question

The FTC considers it deceptive if an advertiser (a) makes a false statement. (b) omits important information in an ad. (c) implies a false claim by juxtaposing two statements. (d) all of the above.

answer

all of the above.

question

In 2012, the FTC reached settlements with which of the following companies over alleged privacy violations?

answer

Both MySpace and Facebook

question

Under the Junk Fax Protection Act, unsolicited advertisement faxes are banned unless there is established business relationship between the sender and recipient.

answer

True

question

One of the most notorious individuals who has run of the FTC regulations for his infomercials is a man named Kevin Trudeau.

answer

True

question

At issue in the case of Johanns v. Livestock Marketing Association was/were:

answer

the compelled funding of advertising for the beef industry.

question

The Child Online Privacy Protection Act is designed to protect the privacy of children when they visit websites that attempt to collect personal information from them.

answer

True

question

Under the commercial speech doctrine, the government must prove that it has what type of an interest to justify a regulation a regulation on a truthful advertisement for a lawful product?

answer

a substantial interest

question

The U.S. Supreme Court has held that commercial speech that truthfully advertises lawful products receives the same amount of First Amendment protection as which of the following?

answer

Neither student speech nor obscene speech

question

The FTC requires proof by competent and reliable scientific evidence when an advertiser makes a claim relating to health or safety.

answer

True

question

The United States Supreme Court defines commercial speech as

answer

speech that proposes a commercial transaction.

question

The government may regulate the advertising of a completely legal product or service.

answer

True

question

The Children's Advertising Review Unit is

answer

a self-regulatory entity.

question

Which of the following is not a sanction that may be used by the FTC to control false advertising?

answer

reciprocal order

question

Under Section 315 of the Communications Act, the term equal opportunity means (a) all of these. (b) equal time. (c) comparable costs. (d) equal facilities.

answer

all of these.

question

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:

answer

indecent and profane.

question

The candidate access rule requires broadcasters to give

answer

all candidates for public office an equal opportunity to appear on a radio or television station.

question

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 spectrum scarcity.

answer

True

question

The FCC used to define "profane language" as divine imprecation and religious blasphemy.

answer

True

question

Television stations are licensed by the FCC for how many years?

answer

Eight

question

To fall within the FCC's definition of indecency, the content must relate to which of the following?

answer

Sexual or excretory activities or organs

question

In 2006, maximum fine for an indecency regulation violation was raised to $100,000.

answer

False

question

In 2010, President Obama signed into law the CALM Act, a clever acronym that stands for "Commercial Advertisement Loudness Mitigation Act."

answer

True

question

To file a proper complaint with the FCC over particular content broadcast on a television program, a person must include:

answer

the date of the program in question.

question

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 white spaces.

answer

True

question

The FCC's safe-harbor zone for when indecent content may be broadcast on television without facing legal action from the FCC is from

answer

10 p.m. to 6 a.m.

question

Which of the following areas of broadcast programming is regulated most heavily?

answer

Children's programming

question

The FCC's rules about broadcast indecency do not apply to satellite radio content.

answer

True

question

Which one of the following is not one of three traditional policy objectives of the FCC that is supposed to serve the public interest?

answer

efficiency

question

How many commissioners are there at the FCC?

answer

Five

question

The V-chip is designed to allow parents to

answer

limit access of children to certain TV programming.

question

On a national basis, a single entity may own television stations reaching up to what maximum percentage of the national TV viewing audience?

answer

39 percent

question

In 2012, the U.S. Supreme Court ruled in FCC v. Fox Television Stations, Inc. that

answer

the FCC failed to give broadcasters sufficient notice about changes to its indecency rules.

question

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?

answer

Whether the speech in question appeals to a prurient interest in sex.

question

In April 2012, a federal jury in Los Angeles convicted adult filmmaker Ira Isaacs on multiple counts of obscenity for distributing on his Web site fetish films that featured scatology and bestiality.

answer

False

question

If a playwright forgets to register his screenplay before sending it out to agents for review, he is no longer eligible to copyright it.

answer

False

question

Copyright status is only granted to well-known authors and filmmakers.

answer

False

question

Sam downloads a performance of "Mary Had a Little Lamb" and sells it as part of a CD of childrens music. He can do this because this song is in the public domain.

answer

False

question

Amy uses a peer-to-peer file-sharing program to upload some photographs that she took at camp so her friend Daniel can download them. That's copyright infringement.

answer

False

question

Amy's friend Daniel uses the same peer- to-peer file-sharing program to download Amy's camp pictures. That's copyright infringement.

answer

False

question

Jason copies the entire last chapter from the final Harry Potter book to his commercial blog without any additional commentary. Since he only used part of the work, Jason would be protected by fair use.

answer

False

question

Paula read an interesting article about the making of the film Titanic and wants to use a short quote in her cinema review paper for journalism class. That's copyright infringement.

answer

False

question

Adam recorded a video for his YouTube channel about the upcoming Senate elections and includes an official photo taken by a government employee and four bills authored by the incumbent that Adam found on the Senate's website. That's copyright infringement.

answer

False

question

Justin downloads the black-and-white horror classic Night of the Living Dead from the Internet Archive and decided to mix an audio sample from the film into one of his original songs. That's copyright infringement.

answer

False

question

Dwight finds a peer-to- peer network that offers free music downloads. He owns all but one of his favorite band's CDs, and he finds that particular CD on the network. He downloads the songs. He's committing copyright infringement.

answer

True

question

Laws that choke creativity:

answer

Lawrence Lessig

question

Sexually graphic; often referred to as adult or sexually explicit material that is protected under the First Amendment; such material may be barred in works available to children and in over-the- air radio and television broadcasts

answer

Indecent Material

question

a narrow class of material defined by the Supreme Court in the Miller test; material that is legally obscene is not protected by the First Amendment:

answer

Obscenity

question

Author gains rights through simple diligence during the creation of a work, such as a database, or a directory. Substantial creativity or "originality" is not required.

answer

Sweat of the brow doctrine

question

FCC reclassified broadband Internet providers as:

answer

"common carriers." This means the government could regulate them much like telephone companies or other industries.

question

Broadcast spectrum is a limited transmission pathway; not all who want to transmit radio signals can do so due to:

answer

spectrum scarcity

question

American people own the transmission path - the radio spectrum - through which broadcast signals are transmitted

answer

....

question

Tell the FCC:

answer

1. The date and time of the broadcast in question; 2. The call sign and letters of the station that aired the content; and 3. A significant excerpt of the program that shows the context in which the allegedly defamatory matter was broadcast.

question

Three factors the FCC uses to determine if content is patently offensive:

answer

1. The explicitness or graphic nature of the description 2. Whether the material dwells on or repeats at length descriptions of sexual or excretory organs or activities 3. Whether the material is used to shock, titillate or pander

question

Broadcasters have the responsibility of "meeting the public interest, convenience, or necessity" (known by the acronym:

answer

PICON)

question

The primary defense for deceptive advertising is _______, that the product does what the advertiser claims, is made how it was claimed to be made and/or is beneficial in the way presented

answer

truth

question

Responsible for protecting public health and ensuring that products like cosmetics, drugs, and food are honestly and accurately represented to the public

answer

FDA

question

Nearly 100 years old, the FTC polices unfair methods of business competition and protects consumers from deceptive advertisements

answer

FTC

question

If the commercial speech is true, non-misleading, and pertains to a lawful product or service, then it receives First Amendment protection.

answer

...

question

speech that does no more than propose a commercial transaction" "expression related solely to the economic interests of the speaker and its audience

answer

commercial speech

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