Final Comm Law Exam True or False

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does 1st amendment protect the right to publish information about public issues
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yes
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does first amendment guarantee the right to collect information about the government
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no.
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T/F a reporter can gain entry to a city council meeting, obtain a consultants report about quality of drinking water or visit site of a nuclear power plant accident
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false.
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T/F all government records and meetings are open
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false. can see criminal arrest records, census reports, side effects of prescription drugs, property records, and learn how the CIA and FBI have monitored citizens illegally
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Richmond Newspaper v. Virginia
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the public and the press have a constitutional right to attend trials.
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does 1st amendment guarantee public access to news to the same degree it guaranteed the media the right to publish and broadcast
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no
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T/F journalists have a greater right of access to information than anyone else
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false
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Pell v. Procunier
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first amendment rights were not abridged when California officials prohibited media interviews with specific individual inmates.
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Saxbe v. Washington Post
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same ruling as Pell
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T/F constitution does not require the government to provide the press access to information not available to the average citizen
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true
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Houchins v. KQED
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media have no right of access different from or great than that afforded to the general public.
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T/F there is a first amendment right to news scenes
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false.
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T/F police dept can refuse to show public records to one news source when they showed them to another
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false
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T/F You can deny access based on the view of the reporter
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False, can criticize work of the journalist but can’t intimidate or discipline journalists without a compelling reason
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T/F government officials can favor some reporters over others
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true
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Daily Herald v. Munro
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first amendment protects the discussion of governmental affairs and the gathering of news that takes place in exit interview. Any law regulating exit polling must be narrowly tailored to accomplish compelling governmental interest
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T/F officials are not generally required to grant reporters access to news events on public property, quasi public property, or war zones
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true
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T/F: public officials have the right to deny access to public property when it becomes a scene of public disorder or disaster
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true
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does the first amendment allow journalists the right to access accident or crime scenes if the general public is excluded?
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no
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T/F president has the authority to block press access entirely from war zones
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true
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is there a first amendment right of media access to combat operations?
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no
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T/F: federal records are open to any person for any public or private use besides the 9 exemptions included by Congress
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true, Electronic Freedom of Information Act Amendments
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T/F FOIA applies to federal and state laws
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false, only applies to federal
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T/F: All states have statutes requiring disclosure of public records
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true
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McBurney v. Young
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a state has no obligation to treat all nonresidents and residents equally. Access to public info is not a fundamental
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LA Police v. United Reporting Publishing Co
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California statute limiting who has access to information is not an unconstitutional content regulation because it does not bar speakers from disseminating info they already possess
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T/F: Access to meetings can be obtained through common law
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false. only obtained through a statute, no common law provides access to meetings
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T/ F all 50 states have adopted open meeting laws
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true
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T/F few are exempt from responsibility of testifying in court
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true. most common attorney-client, physician patient, and priest-penitent
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Branzburg v. Hayes
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Supreme Court rejected a privilege under the First amendment for three reporters who refused to testify. Kentucky law protected reporters from being forced to reveal sources but not if journalists personally observed criminal acts.
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White’s opinion?
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public had the right to every man’s evidence particularly in grand jury proceedings.
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T/F media usually gets first amendment protection from testifying in the lower courts
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false. usually follow Branburg’s majority and deny it. Only can establish if grand jury requests are conducted in bad faith or constitute harassment.
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T/F appelas courts decided that a federal common law privilege exists for journalists
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false, they did not decide. concluded that the government’s need of journalist’s testimony outweighed any common law privilege.
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United States v. Sterling
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sterling former CIA leaked to reporter Risen and wouldn’t reveal his confidential sources. Judge said risen’s testimony wasn’t critical to demonstrating sterling’s guilt because the government had other evidence.
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Miami Herald Publishing Co. V. Morejon
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first amendment didn’t protect a herald reporter who refused to testify about a drug bust he witnessed. No privilege for reporters who are subpoenaed for their eyewitness observations that are relevant to a court proceeding
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Constitutional to sentence Taricani to home confinement for refusing to reveal source of a leaked video showing a city hall official taking a bribe?
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yes
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t/f: journalists would have to testify before a grand jury investigation the unauthorized disclosure of an undercover CIA operative?
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true, Valerie place whose name was leaked by Novak
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T/F in situtation not involving a grand jury some appellate courts recognize limited first amendment privilege?
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true, based on 3 part test advocated by Stewart
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T/F criminal trials use a three part constitutional test to determine whether reporters are required to reveal confidential sources
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true, most important is a compelling need
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United States v. Burke
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subpoena against SI was quashed because the defendant couldn’t demonstrate the information was necessary to his defense. Also didn’t try to obtain the information from other sources than SI. Just wanted use tapes to attack snitches credibility.
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T/F if the newspaper or station fighting the subpoena is not the defendant in a civil suit, merely a third part the courts frequently recognize the constitutional privilege
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true. usually can’t prove a compelling need for the info, and cases usually don’t have a direct and substantial impact on public health and safety
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Baker v. F&F Investment
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used a variation of the 3 part test to uphold the right of a prominent magazine journalist to refuse to reveal his source. (case about guy conning black people in houses) identity of the source did not go “to the heart” of the case, phrase used when confidential sources are either not relevant or not necessary to a case
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Zerilli v. Smith
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requires that civil litigants seeking information from a non party journalist must meet two requirements 1) must show that the information sought goes to the heart of the matter 2) they have exhausted all other reasonable alternative sources of information
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Lee v. DOJ
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said that testimony of journalists was necessary because Lee had extensive efforts to find information from other sources and the government would not admit to the leaks
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T/F: courts frequently order journalists to reveal sources and notes when they are subpoenaed by libel plaintiffs
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true. need opportunity for plaintiffs to prove media acted negligently or with actual malice
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Star Editorial Inc. v. United States District Court
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once again sources had to be revealed because the only way the libel plaintiff would meet his burden of proof would be for him to know who had accused him of lewd and drunk conduct and then discredit the sources to prove NYT actual malice.
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Herbert v. Lando
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journalists don’t have first amendment privilege to withhold how a story is investigated and written. How he decided what to include in the broadcast is necessary to show knowing falsehood or recklessness
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Downing v. Monitor Publishing Co
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relied on Herbert, no absolute privilege that allows the press to refuse to reveal sources of information essential to a libel plaintiffs case. Former police chief wanted names of sources who said he failed a lie detector test
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Jaffee v. Redmond
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established a federal common law privilege for confidential communications made to licensed psychotherapists. Test: 1) whether asserted privilege would serve significant private and public interests 2) whether the interest outweigh any evidentiary benefit resulting from rejection of the privilege 3) whether the privilege has been widely recognized by the states
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T/F there is a federal common law qualified reporters privilege
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false. Courts ruled that even if a common law privilege existed it would be overcome by the government’s need of the journalist’s information
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T/F journalists can use 5th amendment against self incrimination to protect themselves if a judge reject first amendment and common law privilege claims
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true, must convince a judge there is a reasonable fear their testimony will lead to prosecution. Cant be imaginary, remote, or speculative
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Convertino v. Dept of Justice
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David Ashenfelter used 5th amendment to protect himself from revealing sources after he wrote an article about the DOJ and misconduct by Convertino. Judge had Ashenfelter do ain camera review to help the judge examine the legitimacy of his fear of prosecution behind closed doors
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T/F state shield laws protect against grand juries
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false, ex: Josh Wolf video blogger
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T/F: state statute shielded a tv station from a grand jury subpoena seeking portions of an on camera interview
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no, it was a televised interview that took place on a public sidewalk
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T/F state shield laws do not count for federal proceedings
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true
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T/F there is no federal shield law
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true, couldn’t decide if the privilege should be qualified or absolute and the DOJ opposed the legislation
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T/F Judges can quash subpoenas if information sought from reporters would duplicate information already available
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true
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Zurcher v. Stanford Daily
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US constitution permits the police to search without warning the homes and offices of people who are not criminal suspects. 4th amendment provides no exemption of searches involving 3rd parties when authorities have probable cause to believe that they can find criminal evidence.
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Cohen v. Cowles Media Co
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constitutional to permit persons who are injured because of a broken promise to recover damages. Was promised confidentiality, lost his job, broken promises led to an injustice that should be remedied through the common law of promissory estoppel.
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Miller v. California
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defined the three part test called the miller test that is used to find materials obscene.
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United States v. Williams
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offering to provide or receive child porn is categorically excluded from the 1st amendment, even if the offer is fraudulent.
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T/F: reporters are unprotected if they send and receive child porn over the internet even if its while preparing a news story about the chid porn industry
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true
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New York v. Ginsberg
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established principle of variable obscenity: allows prohibition of materials that are obscene to children but not to adults
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New York v. Ferber
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constitutional to ban sale and distribution of materials in which children are exploited because children assumed to be hurt by exploitation. Main target is producers. Don’t have to determine if material is obscene just that children are being exploited
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T/F virtual child pornography is unprotected by the constitution
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false- it is because there are no victims (Ashcroft v. Free Speech Coalition)
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Ginzburg v. US
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state can bar materials that appeal to the prurient interest of minors, provided that the materials also meet the other criteria to be obscene.
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Mishkin v. NY
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porn that may have little appeal to an average person may still be obscene if it is patently offensive even if it was meant to appeal tot eh prurient interest of an atypical group
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Hamling v. US
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SC said that advertising brochures including pictures of explicit photos of group sex, and homo sex, etc were patently offensive
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T/F mere nudity and four letter words are patently offensive
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false
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Cohen v. California
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repetition of 4 letter words even single fleeting expletive may be patently offensive in broadcasting
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Pope v. Illinois
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value question of the miller test should be decided by a reasonable person not an average person
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T/F work dealing with political and historical subjects have social value even if the works are crude and offensive
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true
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Roth v US
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a work must be looked at as a whole and obscenity may not be made on the basis of isolated passages or pictures. overturned Regina v. Hicklin-banned many literary classics
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Stanley v. Georgia
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1st amendment right of privacy for citizens to merely possess sexual material in the home.
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United States v. Reidel
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court emphasized that the right to possess obscenity in the home did not also mean that someone had the right to distribute or receive obscenity
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Osborne v. Ohio
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constitutional to prohibit possession of child pornography which contains lewd exhibition of children, focuses on genitals even when clothed. Legal because it doesn’t prohibit possession of all nude depictions of children
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Paris Adult Theatre 1 v. Slaton
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rights don’t extend to areas outside the home. consenting adults have no constitutional rights to view obscenity in theater even though the nudity was announced and minors were warned away. Govt has interest in preserving the moral tone of the neighborhood
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Lawrence v. Texas
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struck down texas homo sodomy law saying that decisions about intimate relationships lie within a zone of personal liberty
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US v. Extreme Associates
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US had the right to stop distribution of obscene materials even if they’re willing adults. Even thought they used filtering software, the internet is subject to obscenity laws even to consenting adults.
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Freedman v. Maryland
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theater owners don’t have to prove that productions are obscene the government agency that would stop the expression must prove the materials are obscene
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Wayne Books v. Indiana
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can’t seize sexual materials before they are found to be obscene, risk of prior restraint on constitutionally protected expression is too high
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Alexander v. United Stats
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government can seize a defendant’s entire business including protected books and films after a racketeering conviction
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FCC v. Pacifica
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FCC has the power to punish a broadcaster for airing indecent content because broadcasting is intrusive and accessible to children
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T/F: its not indecent to use 4 letter words in bona fide news broadcast when required by artistic necessity
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true
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T/F: saying f**k and s*it are okay in saving private ryan
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they are integral to artistic integrity of film about WWII
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Sable Communications v. FCC
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sexually explicit phone messages that are indecent but no obscene cannot be banned but can be regulated. Telephone is prevasive or intrusive but it is invited into the home. Can’t provide indecent messages to those under 18 or unconsenting adults
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Wilkinson v. Jones
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cable indecency is protected. Cable is not a pervasive/intrusive as broadcasting Cable operators enjoy almost same first amendment rights as publisher snap internet operators.
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United States v. Playboy Entertainment Group Inc.
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unconstitutional to require cable ops to scramble all sexual material or to block it all until after 10 pm. Need to notify subscribers they have ability to block the material
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T/F federal govt requires larger cable systems to lease up to 15% of their channels to anyone who will pay to rent a channel
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true, goal ist to diversify voices in often monopolistic cable systems
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T/F cable operators can ban indecency on leased access channels but not on PEG channels
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true, PEG- public education and government programming cable systems are required to set them aside. Part of using the public airwaves
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Reno v. ACLU
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found the Communications Decency Act unconstitutional saying that the internet should receive expansive firs amendment protection. Internet is not as invasive as broadcasting. CDA not narrowly drawn to restrict speech as little as possible
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Is it constitutional to have filters blocking child porn or blocking children from accessing obscene material in libraries?
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yes, libraries can also disable filter for patrons engaging in bona fide research or other lawful purposes
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United States v. American Library Association
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SC upheld CIPA, ruling that libraries may restrict patrons access to internet material of requisite and appropriate quality
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t/f violent porn is constitutionally protected
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true, no clear connection between violence and violent porn
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American Booksellers Association v. Hudnut
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Indianapolis statue outlawing graphic sexually explicit subordination of women was unconstitutional because it didn’t assess the work as a whole. Can’t dictate approved and unapproved ways to portray women and sex
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Brown v. Entertainment Merchants Association
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video games are a protected form of communicating ideas. Unconstitutional for the state of california to bar sales and rentals of violent video games to minors. Artistic expression.
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Clean Flick v. Soderbergh
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directors argued that the Family Movie act that allowed families to edit out parts of movies deemed inappropriate copyright infringement. * clearplay still legal
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City of Renton v. Playtime Theaters Inc.
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constitutional for renton to have a zoning regulation prohibiting adult movies within 1000 feet of an residential zone, family dwelling, church, park, or school.
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Hickerson v. City of New York
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new zoning standards that shut down adult business in times square are constitutional because the city was not to infringe on adult businesses’ speech rights and they had many more areas they could go in NYC
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Schad v. Borough of Mount Ephraim
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unconstitutional because it banned all nude dancing form the entire borough of mount ephraim. provided no place where constitutionally protected non obscene dancing might be performed
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Barnes v. Glen Theater
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constitutional to require nude dancers to wear pasties and g-strings. bans on public nudity were designed to protect public morality and safety not to suppress freedom of expression
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Rowan v. United States Post Office Dept.
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people have right to privacy from unwanted sexual messages
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T/F: constitutional to bar display of sexual material to minors through the use of blinder racks and is it constitutional to require bookstores to keep material that are harmful to minors in a sealed wrapper or behind an opaque cover
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yes to both
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Bantam Books Inc v. Sullivan
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unconstitutional for government to send vague letters treating book distributors with prosecution for distributing objectionable materials that have not been found obscene.
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T/F its constitutional for the govt to curb non obscene sexual expression by cutting funding
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true
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T/F corporations enjoy the rights of personhood
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false, they’re artificial creations of state that can be required to testify against themselves and have no right to privacy
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T/F a bank can buy ads to oppose an income tax on the ballot in Massachusetts
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true
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Citizens United
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defined corporate first amendment rights, allows use of corporate funds to pay for speech about candidates. Still can’t contribute directly to candidates
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First National Bank of Boston v. Bellotti
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SC created almost unlimited 1st amendment freedom for non media corporations to spend money to support ballot propositions and other social issues. Doesn’t protect against all corporate political speech, can regulate corporate expression if the demonstrate a compelling interest
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Virginia State Board of Pharmacy v. Virginia CCC
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state statute prohibiting price advertising of prescription drugs violated citizen’s first amendment rights to receive info
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Conslidated Edison CO of NY v. Public Service Commission of NY
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court struck down a state regulation that barred the utility from including political brochures in its monthly bills
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T/F: corporations are protected from having to disseminate messages they oppose
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true
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T/F advertising agencies can require online service providers to carry commercial material on the Internet
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false. Online service providers are not a public system
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Pacific Gas & Electric v. Public Utilities Commission of Cali
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California utility cannot be forced to include a newsletter from a consumer group in the company’s billing envelopes. Unconstitutional to force a utility to carry unwanted consumer messages
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Miami Herald Publishing v. Tornillo
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unconstitutional to force a newspaper to publish a reply by a political candidate the paper attacked editorially
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T/F Corps cannot buy ads in the media at any time proclaiming “vote for _____”
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false
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T/F Campaign law cannot limit the amount of money a corporation, union, or individual spends on behalf of a candidate
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true, requires prompt disclosure of how much was spent by whom
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T/F Citizens united said corps no longer required to use PACS for campaign speech
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true
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T/F there is no limit on how much money may be spent by a candidate or a group
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true, its unconstitutional for the govt to limit speech in an attempt to equalize the relative power of the rich and poor in an election
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Wisconsin Right to Life v. FEC
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corporate speech does not promote any individuals interest in self expression but rather it is derivative speech, speech by proxy
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Randall v. Sorrell
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virginia limited contributions to $400 every two years, said contributions that are too low won’t allow candidates to raise necessary funds especially for those running against incumbents
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Daris v. FEC
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unconstitutional to rule contribution limits must be equal for all candidates of office.
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Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett
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ruled unconstitutional arizona’s attempt to level playing field for candidates with finances
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T/F corporations and unions are barred from making contributions to federal candidates
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true
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T/F a corporate owned broadcaster can give free time or news tapes to one candidate but not to their opponent
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false
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Buckley v. Valeo
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upheld constitutionality of disclosure requirements because unlike limits they don’t impose a ceiling on campaign related activities
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Brown v. Socialist Workers 74 Campaign Commission
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in cases where there is potential harassment of a political organization the SC allows the names of contributors to be withheld
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McIntyre v. Ohio Elections Committee
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struck down ohio law banning distribution of anonymous campaign literature
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McConnell v. FEC
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constiutional to require disclosure of individuals or organizations spending $10,000 or more a year on broadcast ads. disclosure of ad funding
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Doe v. Reed
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disclosure of the typical petition would not generate reprisals against signatories.
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T/F Super pacs can receive unlimited amounts from individuals
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true bc super pacs don’t contribute directly to the candidate, independent expenditures
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T/F broadcast licenses must provide substantial amounts of time for political candidates as part of their requirement to serve the public interest
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true
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T/F Broadcast station have no control ov er the content of programming aired by political candidates
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true, section 315 prohibits broadcasters from censoring the candidates even if statement are racist, vulgar, or defamatory
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T/F super pacs have access to broadcasters under section 315 and 312
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false
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T/F lobbying is a first amendment right to speak and petition the government
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true

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