midterm test

Thursday, Feb. 19, 2009

M/C and T/F questions and answers

1. The common law is
a. an unwritten set of moral codes we should all obey.
b. a system of law in which a legal rule is arrived at after consideration of a great many specific instances or cases.
c. an administrative system of law in which a government official uses a panel of common citizens to develop the rule of law.
d. a legislative system of law that operates on the state and local levels.

2. The first ten amendments to the U.S. Constitution are called
a. the Declaration of Independence.
b. the Bill of Rights.
c. the Charter of Human Rights.
d. the Articles of Confederation.

3.  A primary goal of free speech in the marketplace of ideas theory is:
a. self-realization through speech.
b. the voting of wise decisions.
c. improved self-government.
d. discovery of the truth.

4. Montana’s sedition law
a. Helped rid the state of undesirable aliens.
b. Was declared unconstitutional by the U.S. Supreme Court.
c. Was the harshest anti-speech law in the nation
d. Was selectively enforced by the federal government.

5. The Gitlow ruling in 1925 is important because
a. it barred future sedition cases.
b. it applied the protections in the First Amendment to state and local regulations.
c. it freed a group of radicals who had been improperly convicted.
d. it broadly defined freedom of expression.

6. The Brandenburg test for incitement, developed in the 1969 KKK case, is also commonly used in
a. libel cases.
b. invasion of privacy cases that involve the intrusion tort.
c. obscenity cases.
d. wrongful death actions aimed at the mass media.

7. In Near v. Minnesota, (1930s newspapers targeted by nuisance law) the Supreme Court ruled
a. prior restraint was unconstitutional in any circumstance.
b. prior restraint was unconstitutional in this case.
c. prior restraint may be used to block the publication of anti-Semitic newspapers.
d. prior restraint was not unconstitutional.

8. In the Progressive (H-bomb) case
a. The article was based on a historical study by the Pentagon.
b. The article suggested that the national security was being imperiled by too much information about nuclear power.
c. A judge held that a cogent national security interest was advanced by the government.
d. A judge held that the government failed to cite relevant statutes that had been violated.

9. The Supreme Court in its ruling in Hazelwood School District v. Kuhlmeier
a. overruled the decision in Tinker that free speech doesn’t stop at the schoolhouse gate
b. held that obscene t-shirts may not be worn in high school.
c. held that principals may censor high school newspapers.
d. restored full First Amendment rights to college students.

10. Under the fighting words doctrine, it is permissible for a state to prosecute someone without infringing on First Amendment rights in which of the following situations?
a. During a heated dispute between two persons, one of them shouts a racial slur directly at the other.
b. A person circulates a racist pamphlet, or paints a Nazi symbol on a building.
c. A speaker at a rally makes derogatory racial comments about persons not at the rally.
d. A newspaper publishes racially explosive comments in an editorial.

11. Which is not an element for a plaintiff to prove in a libel suit.
a. publication
b. newsworthiness
c.  fault
d. falsity

12. Actual malice is best described as
a. ill will toward the plaintiff and falsity.
b. knowledge of falsity and intent to harm.
c. reckless disregard for the truth or knowledge of falsity.
d. ill will and intent to harm the plaintiff.

13. In defending a lawsuit based on statements of opinion, a defendant may win
a. by arguing that the statements are rhetorical hyperbole.
b. by arguing that the statements are protected by the First Amendment.
c. by arguing that the statements are fair comment and criticism.
d. all of the above.

14. Someone whose photo is taken without their permission while they are walking down a public street can normally successfully sue for invasion of privacy under the part of the law called
a. intrusion.
b. appropriation.
c. publicity of private facts.
d. none of the above.

15. A newspaper that publishes information that has been gathered through an illegal intrusion can be successfully sued for intrusion only if
a. someone at the newspaper was a party to the illegal intrusion.
b. the material published would be embarrassing to someone of normal sensibilities.
c. the information had been classified by the government as secret or confidential.
d. the newspaper failed to tell readers how the information was gathered.

True or False
16. Early Americans in general showed more tolerance for diverse and unpopular opinions than do modern Americans.
17. The First Amendment was an effective tool in blocking prosecutions under the Espionage Act of 1917.
18. In the wake of the terrorist attacks in September 2001, the government ordered all television stations to stop showing videotaped statements by Osama bin Laden.
19. Elizabeth Gurley Flynn was a famous sena tor from Montana.
20. In U.S. v. O’Brien, the draft card burning case in the 60s, the Supreme Court held that Selective Service regulations were a violation of the First Amendment.
21. In R.A.V. v. St. Paul, the Supreme Court held that teenagers who burned a cross in a family’s yard could not be punished.
22. Attributing a statement to a third party will usually not shield a writer or reporter from a libel suit.
23. A limited purpose public figure must normally have been involved in a public controversy and must have voluntarily stepped into the public spotlight.
24. Persons who send e-mail messages and participate in chat rooms on the Internet do not have a reasonable expectation of privacy under the law.
25. The law of privacy is identical from one state to the next.

Model answers to short essay questions

Watch this space.

Time: Starts at 11:10 a.m., 80 minutes allotted.

Scope: Everything I have discussed in this class through Tuesday, March 17.

Study guides: 1) This website and the class blog 2) Your notes 3) Lecture podcasts 4) Returned quizzes and briefs

Areas: (Note: I am testing comprehension of principles, not case names or isolated facts):

1) Rights, limits and theories of the First Amendment

2) WWI sedition cases and the development of the modern incitement test

3) Hate and symbolic speech and fighting words

4) Prior restraint

5) Libel

6) Invasion of privacy

Sample media law questions

I. Multiple Choice

In Schenck v. U.S. (Socialists convicted of violating the Espionage Act for distributing anti-draft leaflets), the Supreme Court ruled in 1919 that:
a. the Espionage Act of 1917 was unconstitutional.
b. the Sedition Act of 1918 was unconstitutional.
c. the Congress has a right to pass laws to stop war protests during wartime.
d. the states may stop those who seek to violently overthrow the government.
Answer: C (remember this is 1919 and the court was using the old bad tendency test, which severely restricted speech in the same way that the “sharp scissors law” over-protects us from hijackers.

II. True/False

The Brandenburg test requires a plaintiff who sues a movie producer, alleging that the producer’s movie was responsible for someone’s violent acts, to prove that the producer intended the movie to cause violent acts by those who watched it.
Answer: True. (Courts use the Brandenburg incitement test, requiring the plaintiff to show that the movie producer was advocating imminent lawless action and that the movie was likely to cause people to act violently and unlawfully. This is a very difficult test to meet, so it’s highly unlikely for plaintiff’s to recover in such cases, claiming the book/show/song/movie caused someone to break the law.)

III. Short essay:

Question: Illustrate the principle that the news media may not be punished for publishing or broadcasting truthful information that was lawfully obtained.

Answer: In the case involving the invasion of privacy suit by the father of the dead girl who had been raped, the TV station’s reporter read the victim’s name and it was read over the air, despite the fact that state law made it a crime to divulge a rape victim’s name. The Supreme Court said that the news media could not be punished for giving truthful information that had been lawfully obtained.

Answer: In a case involving the airing of a cell phone conversation that had been intercepted, then passed anonymously to a radio talk show host, the Supreme Court said the station was not in violation of a federal wiretapping statute on the principle that the news media could not be punished for giving truthful information that had been lawfully obtained. The court added the proviso that the information at issue has to be a matter of public concern.

Back to schedule page