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Communication Law and Ethics Exam 1 2024-
2025. Questions and Correct, Verified Answers.
Graded A+
_________ is the fundamental principle of law that courts are bound by their own decisions or those of their supreme courts. - ANSDoctrine of precedent "Congress shall make no law respecting an establishment of ________, or prohibiting the free exercise thereof; or abridging the freedom of ______ or of the ______ ; or the right of the people peaceably to ________, and to _______ the Government for a redress of grievances - ANSreligion speech press assemble petition 3 Factors that must be shown in court to prove Negligence - ANSDefendant owed a legal duty to exercise due care Legal duty was breached (defendant acted negligently) Breach was a proximate cause of the resulting injuries A hybrid case of conduct and speech are called ______, and is within the protection of the First Amendment. What is the right word? In some cases, burning a national flag or wearing a T-shirt with swearing words are included in this category. - ANSSYMBOLIC SPEECH, EXPRESSIVE CONDUCT A state constitution can grant more civil liberties than are provided for by the federal constitution, but not less. t/f - ANSTrue Administrative - - ANSIt can't exceed scope of authority, be arbitrary, or Conflict with a statutory, or constitutional laws
After the Pentagon Paper case, the case law of national security restriction on freedom of expression has been firmly established. t/f - ANSFalse Author of the 1st amendment: - ANSJames Madison Book and harm from advice cases - ANS- What if a how-to book gets its wrong and someone is injured by following advice in the book?
- Publisher has no legal duty to assure the accuracy of the books they publish
- Author of product instructions/advice have less constitutional protection
- Lawsuits based on faulty instructions are called product liability Brandenburg Incitement Test - ANS- Does the expression advocate the use of illegal force/violence?
- Is it directed toward actually inciting such illegal conduct?
- Is the expression actually likely to produce that illegal conduct?
- Would the advised conduct be imminent/immediate? Brandenburg v. Ohio (1969) - ANS- Ku Klux Klan leader caught on tape saying he would have to seek revenge on president, congress, or supreme court if they continue to suppress the white Caucasian race
- Was convicted under Ohio statute barring advocating "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial/political reform
- SCOTUS deemed conviction UNCONSTITUTIONAL
- Speech in question remains protected until the point that it is likely to incite unlawful actions Brown v. Entertainment Merchant's Association (2005) - ANS- CA passes a law banning the sale of violent video games to anyone under the age of 18
- Video game industry challenged the law on First Amendment grounds
- Video game industry also maintains the voluntary rating systems can assist parents to guide minors Categories of Intermediate Scrutiny - ANS- Restraint on speech is allowed if it furthers a substantial interest and is no broader than necessary to advance that interest
- The question in every case is whether the words used are used in such circumstances as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent
- It is a question of PROXIMITY and DEGREE Compelled Speech: Media Access Laws - ANS- Gov't regulations that require media outlet to air the views of others raise 1st Amendment issues Compelling Interest - ANS- A justification of great magnitude
- Preserving national existence, protection of public safety, or shielding children from emotional harm
- Strict scrutiny requires a compelling interest and narrow regulation no broader than necessary to advance that interest to overcome free speech right Constitutional - - ANSguarantees basic rights to people Contract: - ANSlegally binding mutual promise between private parties( ex: news reporter and tv station) Defamatory content - ANS- When analyzing situation of libel cases, first thing communicators should do is determine whether there is some defamatory content
- libel per se: Defamatory content recognizable by itself Defamatory per quod - ANS- Sometimes the defamatory nature of a statement isn't obvious until additional facts are known
- Per quod means "whereby", illustrating the existence of a thing/idea based on circumstances not explicitly known Defendant - ANSWhen you become a defendant •Recognize that everything written or said about this story is now potentially evidence and discoverable. •Don't destroy or delete anything related to the story •Save all of your notes, your emails about the story, any drafts of the story, all the clippings or articles you accumulated for the story, the names and contact information for your sources, and any other documentation you may have that relates to the story.
Doctrine of Incorporation: - ANSconstitutional doctrine through which the first ten amendments of the United States Constitution (known as the Bill of Rights) are made applicable to the states through the Due Process clause of the Fourteenth Amendment. Doctrines of precedent- - ANScourts are bound by their own decisions or off the superior courts Doe v. University of Michigan (1989) - ANS- University of Michigan instituted a policy that prohibited students from stigmatizing and victimizing individuals on the basis of race, gender, sexual orientation, religion, etc.
- One psychology student feared discussion of academic theories might be perceived as violating this policy
- Federal district court decided that rules that punish speech solely on the grounds that it is offensive are UNCONSTITUTIONAL Elements of a Libel Claim after First Amendment is applied - ANS- Defamatory content (libel and slander)
- Falsity
- Publication
- Identification
- Fault
- Harm
- All of these issues are now the Plaintiff's burden Falsity - ANS- Literal truth is not required; substantial truth is enough
- Substantial truth: A communication is substantially true if it is accurate as to those matters that go to heart of the defamation alleged, even though relatively minor, accompanying facts may turn out to be false FEC's Argument - ANSRestricting corporate speech about candidates serves a compelling governmental interest by preventing corporations from overwhelming the electoral process and protecting individual shareholders from supporting causes they don't believe in
- The plaintiff need not be identified by name; physical description, job titles, nicknames, or circumstantial evidence may be enough to establish identification if they are responsibly understood to apply to him Implication - ANS- If the overall tone/implication of a story is obvious enough to draw a conclusion, it is considered defamatory content regardless of individual statements
- Justice Holmes said, "A word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and time in which it is used." In criminal law, the standard of proof is (1), while, in civil law it is (2). What are the right terms for (1) and (2)? - ANSBeyond a reasonable doubt, (2) Preponderance of evidence In Miami Herald v. Tornillo the U.S. Supreme Court case ruled that: - ANSA newspaper is not required to provide free time and space to people it has publicly criticized. In personal injury cases by the media, the plaintiff has to prove that the defendant failed to exercise reasonable care or due care demanded by the law, causing injury to the plaintiff. What is this legal concept called? - ANSNegligence In the Common law era, the only required proof when you were prosecuted in a seditious libel case was publication. This means that you will not be found guilty if you can prove that you spoke truth and implicated no damage to others. t/f - ANSfalse Inspiration: - ANSThomas Jefferson Intermediate Scrutiny - ANSIn order for a law to pass intermediate scrutiny it must: Serve an important gov't objective be substantially related to achieving the objective places the burden of proof on the gov't Internet - ANS- Section 230, Internet Service providers are not publishers and therefore are not responsible for the content posted from outside
- Court agreed after 1999 case that code language used/understood by programmers should be given similar protections as spoken languages Investigative reporting to find out corruption of the federal government agencies are protected by: - ANSFreedom of Information Act Judicial interpretation- - ANSThe judicial rulings on the cases that are presented. Judicial rulings, in the absence of a governing statute or regulation, set out the law. Court can provide needed interpretation of a statute or regulation or create original legal rules as needed to resolve disputes Justice Homes - ANS"A word is not a crystal, transparent and unchanged; it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used." Libel - ANSGovernment entities are not permitted to sue for libel Miami Herald v. Tornillo (1972) - ANS- Pat Tornillo was a candidate for the Florida House of Representative
- When Miami Herald criticized him, he demanded an opportunity to respond
- It was a crime for the paper to refuse
- SCOTUS overturned a Florida state law requiring newspapers to allow equal space in their newspapers to political candidates in the case of a political editorial/endorsement content Nature of Guarantee - ANSGovernment v private relations Expression v conduct Distributing v gathering Near v. Minnesota (1931) - ANSJ.M. Near, owner of the Saturday Press, loved to attack violators of Prohibition Alleged that he took money from Prohibition violators, as cash payments for his papers
Personal jurisdiction - ANS-Refers to the power of government to enforce its laws on a particular person or organization. -Relates to the question what is the physical range of the authority the governmental body holds and who is under that authority. -Personal jurisdiction is a territorial concept. Minimum contacts: does not require a residence, can include sending newspapers into the state Plaintiff/defendant - ANSPerson who files the suit Person being sued Political Contribution - ANSA direct donation of money/other asset to a political campaign; candidates and groups then spend them to pay for campaigns Independent Expenditures Money that is not given to/coordinated w/ the candidate; Defined legally as "expressly advocating the election/defeat of a clearly identified candidate that is not made in cooperation, consultation, etc. with the candidate, his committee, etc. Prior Restraint - ANSGov't action that prohibits speech/other expression before it can take place
- first form: statute/regulation that requires a speaker to acquire a permit/license before speaking
- 2nd form: Judicial injunction that prohibits certain speech
- 1st amendment guarantee protects most clearly against prior restraints on the content of speech Protection of Market - ANS- Publicly traded corporations have 'compelled speech' obligations on financial matters
- Publicly traded corporations must make honest communications w/ the market and show absolute fairness with investors
- Corporations must release material financial news to the media in a timely fashion, and the information must be accurate
Protection of Political Process - ANS- The power of corporate money can have a corrupting influence on politicians if given directly as campaign contributions
- Use of corporate funds would force some shareholders to sponsor candidates/issues they don't agree with
- Corporations are creatures of the state, not true citizens, and their rights should be limited Publication - ANS- The plaintiff must show that the defendant intentionally communicated the defamatory statements to at least one other person, the so-called third party
- If the media were to quote a defamatory statement, republishing defamatory content takes legal responsibility of the content Restrictions on Corporate Speech - ANS- Because they are legal persons, corporations can own property, incur debts, sue, and be sued
- A corporation is owned by the shareholders
- Some corporations are publicly traded (chosen to sell their shares to the general public)
- Corporations must release material financial news to the media in a timely fashion, and the information MUST be accurate Rule 10b-5 - ANS- It shall be unlawful to employ a device/scheme to defraud
- It shall be unlawful to make any untrue statement/omit a material fact
- It shall be unlawful to engage in any activities that would operate as fraud/deceit upon any person in connection w/ the sale or purchase of any security Schenck v. U.S. (1919) - ANS- Schenck was secretary of Philadelphia Socialist Party
- He published leaflets and instigated non-comply movement of conscription
- Convicted of Espionage Act
- SCOTUS unanimously held that Schenck's criminal conviction was constitutional SCOTUS decision on Video Games - ANS- Majority decided violence in video games is not obscene
- Studies not clear that video games lead to violent behavior
- Voluntary rating system in place, no compelling reason to control the few not already covered
Standard of proof: - ANSCivil: preponderance of evidence Criminal: beyond a reasonable doubt Statutory - - ANSpassed by legislative bodies, criminal, federal patent, copyright Strict scrutiny - ANSHighest level of scrutiny applied by courts to gov't actions/;aws Applied whenever a "fundamental right" is being threatened by a law Requires the gov't to prove that there is a compelling state interest behind the challenged policy Requires gov't to prove the law/regulation is narrowly tailored to achieve its result Subject matter jurisdiction - ANSType of legal issues over which the governmental body has authority Federal system- states have authority over some matters, federal has other Federal preemption- in some instances federal government has exclusive jurisdiction Suspected restrictions: - ANSprior restraints Informal coercion Financial burdens Compelled speech The amendment used by the Supreme Court to "incorporate" the First Amendment protections against state actions is the ___________ amendment to the U.S. Constitution. - ANSFourteenth. The authority of the court to make and administer the law is called _____. For example, cases about copyright have to be contested in federal courts only. What is the legal term for this authority? - ANSJURISDICTION The final arbiter on the meaning of the U.S. Constitution is: - ANSthe U.S. Supreme Court.
The following is a shortened description of the Brandenburg test. Select the most appropriate word. Even if a person makes a remark that threatens the safety of the society, the speech remains protected until the point that is actually likely to ( A ) unlawful actions. - ANSIncite The following is an excerpt from a case that involved a victim of a rape crime imitating a scene of a television movie. "[The plaintiff] does not seek to impose a prior restraint on speech; rather, she asserts civil liability premised on traditional negligence concepts. But the chilling effect of permitting negligent actions for a television broadcast is obvious... .The deterrent effect of subjecting the television networks to negligence liability because of their programming choices would lead to self-censorship which would dampen the vigor and limit the variety of public debate... .If a negligence theory is recognized, a television network or local station could be liable when a child imitates activities portrayed in a news program or documentary." Which is the right name of the case? - ANSOlivia v. National Broadcasting Corporation The following is an excerpt from the majority opinion written by Justice Holmes in Schenck v. U.S: "The character of every act depends upon the circumstances in which it is done....The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic...The question in every case is whether the words used are used in such circumstances and are of such nature as to create (A) that they will bring about the substantive evils that Congress has a right to prevent." What is the most appropriate phrase for (A)? - ANSClear and present danger Theory of Negligence - ANS- In personal injury lawsuits, the most common tort is negligence
- Each person has a legal duty to exercise reasonable care
- Failure to exercise reasonable care and causing injury to someone can give rise to a claim for damages by the injured party
- Strong evidence that CIA intervened in the coup and the assassination of South Vietnamese prime minister
- Evidence of Gulf of Tolkien incident was unfounded; Later, NSA report confirmed that the incident was distorted What was exposed in the Pentagon Papers? - ANSThere is no substantial evidence of North Vietnamese attack in Gulf of Tonkin incident. Which is not true about PATRIOT (Uniting and Strengthening America by Providing Appropriate Tools Required for Intercept and Obstruct Terrorism) Act? -FBI can go before Foreign Intelligence Surveillance Court for a search order of any tangible things connected with terrorism suspect. -With this order, FBI can demand the businesses to turn over customer records. -With this order, FBI can demand the schools to turn over personal records of students, whom FBI think has probable connection to terrorist activities. -The law does not involve rights protected by the First Amendment, but related with rights of the Fourth Amendment. - ANSThe law does not involve rights protected by the First Amendment, but related with rights of the Fourth Amendment. Which of the following is not true about the Trial of Peter Zenger in 1735? Peter Zenger was charged for invasion of privacy. Peter Zenger was charged for seditious libel. Peter Zenger was not found guilty. This is the case that established truth as the standard of proof in libel cases. - ANSPeter Zenger was charged for invasion of privacy. Which of the following most correctly describe the meaning of this decision (Justice Holmes in Schenck v. U.S)?
Audience are expected to keep quiet in a crowded theater. The court attempted to define a point when speech loses the First Amendment protection for the sake of public safety. The court tried to confirm that Congress has a right to restrain freedom of speech for the sake of public safety. The court maintained the government has an option of prior restraint when speech or publication threatens national security. - ANSThe court attempted to define a point when speech loses the First Amendment protection for the sake of public safety. Why have free speech? - ANSTruth will prevail Free and continual expression of ideas enhance voters ability to participate in government Deters and brings to light abuses of power by political officials Allows society to see its problems Ethical rights of human beings Why was draft card burning not protected by the First Amendment in U.S. vs. O'Brien? - ANS- Federal restriction on deliberately destroying the card was not aimed at suppressing expression
- It furthered a substantial government interest in maintaining a smoothly operating draft system
- SCOTUS determined O'Brien was convicted not for his protest, but because it frustrated gov't efforts Write in your own words, at least one of the four items of the Brandenburg test? (what are the 4) - ANS- Does the expression advocate the use of illegal force or violence? -Is it directed toward actually inciting such illegal conduct? -Would the advised conduct be imminent, or immediate? -Is the expression actually likely to produce that illegal conduct?
