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Description Mass Media Law Clay Calvert 21st Edition- Test Bank Sample Questions Instant Download With Answers Chapter 03 The First Amendment: Contemporary Problems
Multiple Choice Questions 1. The FCC’s adoption of the Restore Internet Freedom Order in 2017 was supported by: A.the FCC’s Democratic commissioners. B. the FCC’s Republican commissioners. C. both the FCC’s Democratic and Republican commissioners. D. only two commissioners and thus failed to take effect.
Accessibility: Keyboard Navigation 2. In 2011, the U.S. Supreme Court held in Snyder v. Phelps that the speech of the members of the Westboro Baptist Church was A.protected by the First Amendment. B. not protected by the First Amendment because it constituted fighting words. C. not protected by the First Amendment because it constituted hate speech. D. not protected by the First Amendment because it constituted obscenity.
Accessibility: Keyboard Navigation 3. In order to justify censorship of the speech of a public school student that is sexually lewd, vulgar, or offensive, a principal would be wise to look to the precedent and rule created by the U.S. Supreme Court in which one of the following cases? A.Tinker v. Des Moines Independent Community School District B. Hazelwood School District v. Kuhlmeier C. Bethel School District v. Fraser D. Morse v. Frederick
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4.
In the case of Barber v. Dearborn Public Schools involving a T-shirt that carried a political message, a federal judge applied the rule and precedent from which of the following four U.S. Supreme Court decisions? A.Tinker v. Des Moines Independent Community School District B. Hazelwood School District v. Kuhlmeier C. Bethel School District v. Fraser D. Morse v. Frederick
Accessibility: Keyboard Navigation 5. In 2010, the U.S. Supreme Court in Citizens United v. Federal Elections Commission A. upheld a law restricting the speech rights of candidates for President. B. upheld a law restricting spending by corporations on political advertising. C. declared unconstitutional a law restricting the speech rights of candidates for President. D. declared unconstitutional a law restricting spending by corporations on political advertising.
Accessibility: Keyboard Navigation 6. A federal district court in V.A. v. San Pasqual Valley Unified School District in December 2017 issued a preliminary injunction stopping the school district from enforcing a policy that prohibited: A.sexually offensive messages on clothing. B. wearing clothing with Confederate battle flag imagery. C. kneeling during the playing of the national anthem. D. posting disparaging messages about students on the Internet.
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7.
In 2018, the U.S. Supreme Court held in Minnesota Voters Alliance v. Mansky that the interior of a polling place on election day constitutes a: A.traditional public forum. B. designated public forum. C. limited public forum. D. nonpublic forum.
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Short Answer Questions 8. Set forth completely and accurately the rule created by the U.S. Supreme Court for determining when public school administrators may permissibly censor speech that appears in a school-sponsored newspaper. School administrators must have reasons that are reasonably related to legitimate pedagogical concerns in order to properly censor the newspaper.
Accessibility: Keyboard Navigation 9. Identify any two of the four books listed in Chapter 3 as being on the American Library Association’s Top 10 most challenged books for 2017? The four books listed are Thirteen Reasons Why, The Absolutely True Diary of a PartTime Indian, To Kill a Mocking Bird and And Tango Makes Three. Picking any two of these thus supplies the correct answer.
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10.
According to the textbook, what is the issue regarding student speech rights that the U.S. Supreme Court has not yet considered but that it should address? Whether schools can, without violating students’ First Amendment rights, punish students who use their own home computers, phones, or devices—outside of school and on their own time—to post Internet content that ridicules their teachers, administrators, or classmates. In other words, can schools punish students on campus for off-campuscreated expression on the Internet?
Accessibility: Keyboard Navigation 11. Identify three things that the Clery Act requires of all colleges and universities that participate in federal student-aid programs. The Clery Act requires of all colleges and universities that participate in federal studentaid programs to: 1) give timely warnings of campus crimes that represent a threat to the safety of students and/or employees; 2) make public their campus security policy; and 3) collect and report to the campus community data and statistics on a number of specific crimes.
Accessibility: Keyboard Navigation 12. As discussed in the textbook, what major problem affecting student newspapers in colleges is addressed in the laws of only a few states? The theft of all issues of student newspapers.
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13.
Identify the four criteria that must be satisfied for a time, place, and manner regulation to pass constitutional muster under the intermediate scrutiny standard of judicial review. The four criteria that must be satisfied for a time, place, and manner regulation to pass constitutional muster under the intermediate scrutiny standard of judicial review are as follows: 1) The regulation must be content neutral. 2) The speech in question cannot be
completely banned or prohibited. 3) The government entity restricting the speech must have a substantial interest to justify the regulation. 4) The regulation must be narrowly tailored.
Accessibility: Keyboard Navigation 14. In applying the fighting words doctrine in Connecticut v. Baccala in 2017, the Supreme Court of Connecticut concluded that which group of individuals, in addition to police, in Connecticut must endure more verbal abuse than others before speech rises to the level of fighting words? In addition, what were examples of the words or phrases used by the defendant in that case that landed her in trouble? Retail store managers (in this case more specifically, a grocery store manager) must take more verbal abuse. Examples of words used by defendant Nina Baccala include “fat ugly bitch” and “cunt.”
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Fill in the Blank Questions 15. In 2017, the University of Florida spent more than $500,000 to prevent a ______________ veto when white nationalist Richard Spencer came to speak on its campus. heckler’s
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16.
The speech at issue in the 2011 U.S. Supreme Court case of Snyder v. Phelps took place near a ______________. funeral
Accessibility: Keyboard Navigation 17. The speech at issue in the student-expression case of Morse v. Frederick involved a banner that read ______________. Bong Hits 4 Jesus
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True / False Questions 18. In McCullen v. Coakley, the U.S. Supreme Court struck down as unconstitutional a state law that made it a crime to stand on a public road or sidewalk within 35 feet of a reproductive health care facility. TRUE
Accessibility: Keyboard Navigation 19. The Leonard Law applies only in California. TRUE
Accessibility: Keyboard Navigation 20. The U.S. Supreme Court has identified a list of seven words that it always deems “fighting words.” FALSE
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21.
The case of Knight First Amendment Institute v. Trump addresses whether the sidewalk in front of the White House constitutes a traditional public forum. FALSE
Accessibility: Keyboard Navigation 22. Places like prisons, military bases, and utility poles typically are treated by courts to be designated public forums. FALSE
Accessibility: Keyboard Navigation 23. The U.S. Supreme Court’s 2015 opinion in Elonis v. United States is an example of the judicial principle of constitutional avoidance. TRUE
Accessibility: Keyboard Navigation Chapter 05 Defamation: Proof of Fault
Multiple Choice Questions 1. Which of the following does NOT accurately describe New York Times v. Sullivan (1964)? A.The Supreme Court said that, as a public official, Sullivan voluntarily took on a job that invited public attention and criticism. B. The Supreme Court ruled that public officials must prove actual malice in libel suits. C. The Supreme Court said we had a national commitment to the principle that debate on public issues should be robust, uninhibited, and wide open.
D. For the first time, the U.S. Supreme Court applied the First Amendment to libel law. E. The Supreme Court ruled that all libel plaintiffs must prove some level of fault.
Accessibility: Keyboard Navigation 2. A publication could be regarded as exhibiting actual malice if it published material A.that had been rejected by other publications. B. that had been aggregated from various online blogs. C. that it knew was false. D. none of the answers is correct.
Accessibility: Keyboard Navigation 3. Some courts have used three factors to determine whether a reporter or editor exhibited reckless disregard for the truth. Which of the following is NOT one of these three? A.What was the nature of the story? B. How reliable was the source of the story? C. Was the story probable or inherently believable? D. Did the reporter or editor demonstrate ill will toward the subject of the report?
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4.
In the 1967 ruling involving the two cases AP v. Walker and Curtis Publishing Co. v. Butts, the Supreme Court laid down a test for A.libel per se. B. truth. C. reckless disregard. D. none of the answers is correct.
Accessibility: Keyboard Navigation 5. A reporter who deliberately alters a direct quote from a news source may be guilty of actual malice if A.the alteration results in a material change in the meaning of the statement. B. the altered material turns out to be false. C. the alteration puts the quoted individual in a bad light. D. the alteration is the result of a failure to exercise reasonable care.
Accessibility: Keyboard Navigation 6. In determining whether an individual is a limited-purpose public figure for purposes of a libel action, a court will consider A.whether the individual was involved in a public controversy. B. the nature of the defamatory statement and whether it is related to a controversy in which the individual was involved. C. if the individual attempted to sway public opinion about a controversy. D. all of the answers are correct.
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7.
In which of the following situations would an individual most likely be deemed to be a public official in a libel suit? A.A newspaper story reports that a public school teacher said she was born in the United States on her job application when she was really born in France. B. A story claims that a custodian at a state office building was accused of stealing cleaning supplies. C. A story alleges that a city councilwoman has taken money from a developer in exchange for her vote to approve a rezoning application. D. None of the answers is correct.
Accessibility: Keyboard Navigation 8. Which of the following would be considered a public official? A.A person who is elected to public office, even if the office has little power. B. A person who is appointed or hired for a government job if the job has or appears to have a great deal of power. C. A person who is appointed or hired to a government job who has a lot of visibility to the public. D. All of the above.
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Short Answer Questions 9. What are the criteria for a limited-purpose public figure? The individual must normally have been involved in a public controversy, must have voluntarily stepped into the public spotlight, and must have made some attempt to lead public opinion toward the resolution of a public issue.
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10. Distinguish between negligence and actual malice. Negligence has been generally defined as the failure to exercise reasonable care. Actual malice requires proof of a far higher level of misbehavior on the defendant’s part. Evidence that the material was published even though the defendant knew it was false, or that the defendant exhibited reckless disregard for the truth, is required.
Accessibility: Keyboard Navigation 11. How has the Supreme Court defined reckless disregard?
The court has defined reckless disregard as publishing with a high degree of awareness of probable falsity, publishing with serious doubts about the truth of the publication, or purposefully avoiding the truth.
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True / False Questions 12. A plaintiff must only prove that a story has serious errors to prove actual malice. FALSE
Accessibility: Keyboard Navigation 13. An individual can be regarded as an all-purpose public figure if he or she is well known nationally or well-known exclusively in the geographic area (such a state or city) in which the libel was circulated. TRUE
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14.
Once a person is considered a public figure for the purposes of a libel suit, he or she will always be regarded as a public figure in future libel cases, regardless of the subject matter of the subsequent libelous publication. FALSE
Accessibility: Keyboard Navigation 15. All government employees are regarded as public officials. FALSE
Accessibility: Keyboard Navigation 16. Individuals whose actions inadvertently or innocently push them into a public controversy are rarely regarded as public figures. FALSE
Accessibility: Keyboard Navigation 17. Lower courts have consistently ruled that persons married to or closely associated with public persons are also public persons for the purposes of libel action. FALSE
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18.
In libel law, a public controversy is defined as a controversy in which the resolution of the issues involved will affect a larger group of persons than those directly involved in the dispute. TRUE
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19.
Whether or not a reporter sought a comment from the subject of a libelous story will always be a critical factor in determining actual malice. FALSE
Accessibility: Keyboard Navigation 20. All businesses are regarded as public figures for the purposes of a libel suit. FALSE
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