Question 1

Under existing precedent, the First Amendment does not protect speech that is:

Accepted Answer

offensive

Question 2

The Comstock Act of 1873:

Accepted Answer

BARRED the mailing of obscene publications.

Question 3

Although no longer valid today, the Roth-Memoirs test stipulated that obscenity:

Accepted Answer

Could not be prosecuted successfully if such material contained even the slightest redeeming social value.

Question 4

In a majority of cases, the term \"local community standards\" under the Miller test means:

Accepted Answer

state standards

Question 5

If erotic material is intercepted in the mail by a postmaster general and results in prosecution, the community standards that apply would be any of the following except:

Accepted Answer

The community where the erotic material was originally CREATED.

Question 6

Under the Miller test, determining whether a work lacks serious literary, artistic, political or scientific value depends upon:

Accepted Answer

Whether a reasonable person could find such value.

Question 7

One of the more important aspects regarding variable obscenity laws is that:

Accepted Answer

The laws should not interfere with the right of adults to receive protected expression.

Question 8

States wishing to combat child pornography:

Accepted Answer

May prohibit the DISTRIBUTION of such material even if it does not meet the definition of obscenity under the Miller test.

Question 9

In Ashcroft v. Free Speech Coalition (2002), the Supreme Court ruled the Child Pornography Prevention Act:

Accepted Answer

Violated the First Amendment because the law prohibits the virtual depiction of minors engaging in sexual conduct, involving no real crimes or victims.

Question 10

Some states have attempted to outlaw child pornography by saying that merely searching for and viewing images of child pornography on computers constitutes possession of child pornography, which is illegal. How have courts ruled on those laws?

Accepted Answer

States are split, and there is no consensus on the issue yet.

Question 11

It is permissible for states to adopt laws banning material that may be legally distributed and sold to adults from being available to juveniles. Those laws are called:

Accepted Answer

Variable obscenity statutes.

Question 12

Federal and state RICO laws:

Accepted Answer

May result in stiffer penalties for those found guilty of producing or trafficking obscenity.

Question 13

Censoring motion pictures is:

Accepted Answer

none of the above

Question 14

Under federal law:

Accepted Answer

all of the above

Question 15

Under the requirement of scienter:

Accepted Answer

The government must prove that a seller or distributor was aware of the obscene material.

Question 16

Critics contend pornography:

Accepted Answer

all of the above

Question 17

The Children\'s Internet Protection Act (CIPA):

Accepted Answer

Requires schools and libraries who receive e-rate subsidies to install software filters.

Question 18

In United States v. American Library Association (2003), the Supreme Court ruled the Children\'s Internet Protection Act (CIPA):

Accepted Answer

Constitutional under the First Amendment because adults may have filtering software disabled.

Question 19

Upon reviewing the constitutionality of the Child Online Protection Act (COPA) multiple times, the 3rd U.S. Court of Appeals in 2008 found the law:

Accepted Answer

Overbroad under the First Amendment because it restricts adult access to material that is protected expression (e.g. material harmful to minors).

Question 20

The Child Online Protection Act (COPA):

Accepted Answer

Prohibits commercial websites from knowingly transmitting material that is harmful to minors.

Question 21

In Reno v. American Civil Liberties Union (1997), the Supreme Court ruled that the provisions of the Communications Decency Act (CDA) regarding indecent and patently offensive material are:

Accepted Answer

Unconstitutionally vague and suppress speech that adults have a right to receive and transmit in cyberspace.

Question 22

The new technology has led to a trend called \"sexting\", where minors send nude photos to each other via cell phones. What are the legal ramifications of this?

Accepted Answer

Courts have typically held that the exchange of such material constitutes possession of child pornography, which is often a felony.

Question 23

The attack on the arts during the 1980s and 1990s included:

Accepted Answer

all of the above

Question 24

Federal courts have ruled that zoning laws aimed at curbing pornography:

Accepted Answer

none of the above

Question 25

As a result of the Supreme Court\'s precedent set in Renton v. Playtime Theaters (1986), cities trying to combat pornography may:

Accepted Answer

Justify zoning laws if designed to reduce the secondary effects of sexually oriented businesses.

Question 26

Copyright law protects:

Accepted Answer

intangible property

Question 27

Patent law protects:

Accepted Answer

Both A and B are correct.

Question 28

Trademark law protects:

Accepted Answer

Words, symbols or devices that differentiate goods or services from one another.

Question 29

Within the U.S., a trademark may be claimed by:

Accepted Answer

The person who FIRST USES a trademark.

Question 30

As a result of the Federal Dilution Trademark Act, trademarks:

Accepted Answer

May not be used without consent on DISSIMILAR products.

Question 31

While sharing some similarities, committing plagiarism and violating copyright are different because plagiarism involves:

Accepted Answer

Using someone else\'s work as if it were your own.

Question 32

Copyright law applies to forms of expression contained in:

Accepted Answer

all of the above

Question 33

The British Crown justified copyright law as a way to:

Accepted Answer

Provide an incentive by rewarding creators of literature and art for their labor.

Question 34

The exclusive rights that apply to copyright owners include the right of:

Accepted Answer

all of the above

Question 35

Before a copyrighted work like a book may be printed:

Accepted Answer

Consent of the copyright owner must be obtained.

Question 36

In order to determine whether something constitutes an original work under copyright law, the work:

Accepted Answer

none of the above

Question 37

Reflecting upon precedent set in the Supreme Court\'s review of Feist Publications, Inc. v. Rural Telephone Service Co., Inc. (1991), alphabetically ordered lists of facts are:

Accepted Answer

Not covered under copyright.

Question 38

With respect to news items, copyright law protects:

Accepted Answer

The style and manner of how a specific story is presented.

Question 39

In Associated Press v. International News Service (1919), the Supreme Court found:

Accepted Answer

Taking the news collected by a wire service and distributing it as your own constitutes misappropriation.

Question 40

Excluding \"work for hires,\" a sole-authored original work created after 1978 receives copyright protection for:

Accepted Answer

The life of the creator plus 70 years.

Question 41

Courts determining whether the use of a copyrighted work falls under fair use will examine:

Accepted Answer

all of the above

Question 42

Which of the following elements do courts give the most weight to when reviewing fair use defenses?

Accepted Answer

The effect of the use on the potential market for or value of the copyrighted work.

Question 43

College coursepaks containing book chapters, journal articles and news clippings are:

Accepted Answer

Not protected under fair use and require copyright permission and possible fees.

Question 44

In Harper & Row Publishers v. Nation Enterprises (1985), the Supreme Court stated that:

Accepted Answer

The right of first publication is an important factor in denying fair use defenses.

Question 45

Within the umbrella of the fair use defense, using a copyrighted work for a parody:

Accepted Answer

none of the above

Question 46

Before an owner of a copyrighted work may sue for infringement, the work in question must be:

Accepted Answer

Officially registered with the U.S. Copyright Office.

Question 47

The Digital Millennium Copyright Act (DMCA):

Accepted Answer

all of the above

Question 48

Upon reviewing file-sharing services such as Napster, StreamCast and Grokster, courts typically ruled in what way?

Accepted Answer

Ordered them to stop facilitating the trading of protected sound recordings as a violation of copyright law.

Question 49

Enforcing copyright law on the Internet is challenging because:

Accepted Answer

all of the above

Question 50

In New York Times Co. v. Tasini (2001), the Supreme Court found:

Accepted Answer

Databases are not revised editions of original publications.

Question 51

Based upon Bigelow v. Virginia (1975) and subsequent rulings, the Supreme Court has held that:

Accepted Answer

Some advertising deserves protection under the First Amendment.

Question 52

Government may regulate advertising that:

Accepted Answer

All of the above.

Question 53

Under the commercial speech doctrine, truthful advertising for legal goods and services may be regulated if there is:

Accepted Answer

All of the above.

Question 54

Courts typically define commercial speech as expression that either is related solely to the economic interests of the speaker/audience, or that:

Accepted Answer

Proposes a commercial transaction.

Question 55

In Central Hudson v. Public Service Commission (1980), the Supreme Court ruled states may:

Accepted Answer

Ban types of advertising that promote the use of ELECTRICITY.

Question 56

While commercial speech does receive some limited First Amendment protection, some types of commercial speech receive no protection at all. Each of the following receives no protection except:

Accepted Answer

Internet-based advertising for pharmaceuticals.

Question 57

Based upon the Supreme Court\'s unanimous ruling in Rubin v. Coors Brewing Co. (1995), dealing with federal rules concerning the listing of alcohol content on beverage labels:

Accepted Answer

GOVERNMENTS must demonstrate that advertising restrictions advance a substantial state interest.

Question 58

The example cited in the text concerning broadcast television networks and advertising from the Miller Brewing Co. in 2004 reminds us that:

Accepted Answer

A mass medium is permitted to reject any content it chooses, with or WITHOUT a reason.

Question 59

The Supreme Court\'s decision in Lorillard Tobacco Co. v. Reilly (2001), dealing with a Massachusetts law banning both outdoor and point-of-sale ads, means:

Accepted Answer

State laws prohibiting tobacco advertising within certain distances of public playgrounds and schools may be unconstitutional.

Question 60

A Lanham Act case involving two shaving-razor manufacturers, Shick Manufacturing v. Gillette Co., focused on animation depicting the effect of a razor on facial hair. The court in that case ruled that:

Accepted Answer

While a cartoon does not exactly depict a real-life situation, an advertiser may not distort the quality of the product by using graphics or animation.

Question 61

In the case of Mainstream Marketing Services, Inc. v. Federal Trade Commission (2004), a federal appellate court held that the National Do-Not-Call Registry:

Accepted Answer

Neither \"A\" nor \"B\" is correct.

Question 62

The Federal Trade Commission is now even involved in regulating social media sites. In 2011 alone, the agency reached settlements with which of the following?

Accepted Answer

Both A and C above.

Question 63

the lantham act

Accepted Answer

all of the above

Question 64

A false advertising suit levied against a company:

Accepted Answer

Typically translates into lost consumer sales.

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