Mass Media Final Exam

A federal appeals refused to uphold the trial judge's gag order preventing CBS from airing the videotape of John Z. DeLorean engaging in a drug deal. The appeals court said, among other things, that the trial judge had:

failed to produce evidence that alternatives to a gag order would not protect DeLorean's right to a fair trial

In ruling that state judges in criminal trials may allow TV cameras into the courtroom, the US Supreme Court said a defendant who objected to the presence of the cameras could have them excluded by proving one of two things. Which of the following is NOT one of them?

The potential jurors for the case were aware that the trial was likely to attract the attention of TV and print news organizations

In the wake of the Women's Commission report on the Kennedy assassination and the Supreme Court's Sheppard v. Maxwell decisions, some trial judges started using \________ to prevent prejudicial news coverage.

Gag orders on the media

The Federal Communication Commission has made clear that "equal opportunity" means more than just giving opposing candidates equal time. Which of the following, however, is NOT required of broadcasters seeking to comply with the equal opportunity rule?

Charging all candidates the same for advertising time regardless of the time period or class of time

One of the key factors in determining whether a candidate's appearance in a newscast or news interview is exempt from the equal time requirement is that the candidate's

inclusion is based on the licensee's good faith journalistic judgment

The lowest-unit charge requirements of the Communications Act are in effect

45 days before a primary election and 60 days before a general election

The "reasonable access" rule in the Communications Act says broadcasters may \_________ if they fail to allow candidates for \_______ reasonable access to or permit purchase of reasonable amounts of time on behalf of his or her candidacy.

lose their licenses; federal office

A key question in trademark infringement cases often is whether there is a likelihood of confusion between the two marks. To decide this, courts apply a multi-factor test. Which of the following is NOT one of the factors in that test?

Whether the defendant has infringed in the past

A plaintiff who is suing for trademark dilution by \________ is alleging the defendant has created a mark that associates his older, more famous mark with something unsavory or offensive.

Tarnishment

To determine whether a mark has acquired a secondary meaning and, therefore, is entitled to trademark protection, the Patent and Trademark Office and the courts look at four factors. Which of the following is NOT one of them?

The reputation of the manufacturer

The purpose and character of the use.

Whether the use is commercial

The nature of the copyrighted work.

Whether the work is factual

The amount and sustainability of the portion used

The quantity of the use and...

The probable effect on the market for the original

Whether the use will reduce...

Plaintiffs in injurious falsehood cases today usually prove loss by pointing to the behavior of a large number of people, no one of whom can be individually identified. This requires proving four things. Which of the following is NOT one of the four?

The disparaging statement was circulate to at least a few people

The test of the US Supreme Court uses of assessing whether a regulation of advertising is consistent with the First Amendment comes from Central Hudson Gas and Electric v. Public Service Commission of New York. The test developed in that 1980 case has four parts. Which of the following is NOT one of them?

The regulation curtails only deceptive advertising

The Federal Trade Commission says when an advertisement uses an actual consumer to endorse a project, readers or viewers are likely to

assume the endorser's experience is typical of what one might experience with the product

Where an advertisement uses an expert to endorse the product, the FTC requires that the expert

have used his or her expertise to evaluate the product

Miami Herald reporter Gene Miller covered the kidnapping and rescue of Barbara Mackie and later wrote a book about it. When a made for TV movie appeared that closely resembled his book, he sued for copyright infringement. He lost his suit because

Miller could not claim a copyright in the facts of the story

Various courts have defined "substantial similarity" in different ways in copyright infringement suits, but all of the definitions have certain commonalities. Which of the following is NOT one of the recognized elements of substantial similarity?

The two works must have been created in the same medium

Which of the following would be most likely to be considered an instance of invasion of privacy by intrusion?

Using a camera with a telephoto lens to photograph the plaintiff inside her home

Sometimes reporters have been arrested while covering newsworthy events, such as riots or protests. The Reporters Committee for the Freedom of the Press recommends reporters do certain things if they are confronted by police. Which of the following is NOT one of them?

Threaten the police officers with legal action if they are not released immediately

The President's Commission on the Assassination of President Kennedy [the Warren Commission] cited a number of things the Dallas Police Department and district attorney had done that could have prejudiced Lee Harvey Oswald's right to a fair trial. Which of the following is NOT one of them?

The district attorney told reporters Oswald had confessed to having killed Kennedy

The Federal Trade Commission says a problem with advertising that compares a seller's price to the manufacturer's list for suggested price for the produce is that

list prices are widely ignored

When the Federal Trade Commission declared commercials for Colgate-Palmolive's Rapid Shave shaving cream deceptive, the issue was the use of

an undisclosed mock-up

The FTC says that if native advertising or sponsored content is so similar in appearance to surrounding noncommercial content that the audience might be confused, the advertiser must

prominently disclose the commercial nature of the content

The FTC says people who use their social media accounts to endorse a product must disclose any material connections they may have with company marketing the product. "Material connections" includes which of the following?

All of the others

The rule followed by the federal government and all but 12 states is that a conversation may be recorded so long as

one participant in the conversation consents

One result of the trial of Bruno Richard Hauptmann in the 1930s was a recommendation by the American Bar Association , adopted by most states, that

still and motion picture cameras be banned from courtrooms

Voir Dire

The process by which...

Continuance

Delay the trial until the...

Severance

Affording separate trials to...

Cautioning witnesses

Asking witnesses to refrain...