(UMGC) COMM 400 Mass Media Law Comprehensive Midterm Exam Guide Q & A 2024, Exams of Law

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COMM 400

Mass Media Law

Comprehensive Midterm

Exam Guide

Q & A

Multiple Choice: Which landmark Supreme Court case established the "actual malice" standard for press reports about public officials? a) New York Times Co. v. Sullivan b) Plessy v. Ferguson c) Brown v. Board of Education d) Roe v. Wade Correct Answer : a) New York Times Co. v. Sullivan Rationale: This 1964 case set the precedent that to win a libel case, public officials must prove that the statement was made with actual malice, meaning with knowledge of its falsity or with reckless disregard for the truth. True/False: The Fairness Doctrine, which was introduced in 1949, is still in effect today. Answer : False Rationale: The Fairness Doctrine, which required broadcasters to present controversial issues of public importance and to do so in a manner that was honest, equitable, and balanced, was abolished in 1987. Fill-in-the-Blank: The __________ Act of 1996 was a sweeping overhaul of telecommunications law in the United States. Correct Answer : Telecommunications

Multiple Choice: Which legal standard is used to determine whether a statement is defamatory? a) Reasonable Doubt b) Clear and Convincing Evidence c) Preponderance of the Evidence d) Actual Malice Correct Answer : c) Preponderance of the Evidence Rationale: Courts typically use the preponderance of the evidence standard in defamation cases. Fill-in-the-Blank: The Fair Use doctrine allows limited use of copyrighted material without the need for permission from the copyright owner. Correct Answer : Fair Use True/False: The Freedom of Information Act (FOIA) allows individuals to request access to public records held by government agencies. Correct Answer : True Rationale: FOIA promotes transparency and accountability by enabling access to government information. Multiple Choice: Which case established the actual malice standard for public figures in defamation cases?

a) New York Times Co. v. Sullivan b) Texas v. Johnson c) Hazelwood School District v. Kuhlmeier d) Tinker v. Des Moines Independent Community School District Correct Answer : a) New York Times Co. v. Sullivan Rationale: The Supreme Court's decision in New York Times Co. v. Sullivan set the standard for proving defamation in cases involving public figures. Fill-in-the-Blank: The Privacy Torts encompass various legal claims related to the invasion of an individual's privacy, such as intrusion upon seclusion and public disclosure of private facts. Correct Answer : Privacy Torts True/False: The Telecommunications Act of 1996 deregulated the communications industry and promoted competition among telecommunications providers. Correct Answer : True Rationale: The Telecommunications Act of 1996 aimed to foster competition and innovation in the telecommunications sector. Multiple Choice: Which legal principle allows individuals to protect their creative works from unauthorized use? a) Fair Use

d) Right of Publicity Correct Answer : c) Defamation Rationale: Defamation law addresses false statements that injure a person's reputation. Fill-in-the-Blank: The Lanham Act regulates trademarks, service marks, and unfair competition in interstate commerce. Correct Answer : Lanham Act True/False: The Children's Online Privacy Protection Act (COPPA) imposes restrictions on the online collection of personal information from children under the age of 13. Correct Answer : True Rationale: COPPA aims to safeguard children's privacy online by requiring parental consent for data collection from minors.

1. Under the "actual malice" standard established in New York Times v. Sullivan, a public figure must prove that the defendant made a statement with: A) Negligence B) Reckless disregard for the truth C) Intent to harm D) Strict liability

Correct Answer : B) Reckless disregard for the truth Rationale: The "actual malice" standard requires a public figure to prove that the defendant made a statement with reckless disregard for the truth, rather than negligence or intent to harm.

2. Which of the following is not considered a defense against defamation in media law? A) Fair comment and criticism B) Truth C) Opinion D) Public interest Correct Answer : C) Opinion Rationale: While truth, fair comment and criticism, and public interest can be defenses against defamation, opinions are generally protected by the First Amendment and are not considered defamatory.
3. The concept of prior restraint refers to: A) Restricting speech after it has been communicated B) Prohibiting publication or speech before it occurs C) Limiting media coverage on specific events D) Censoring content based on its political nature

Correct Answer : D) Google Spain SL v. AEPD Rationale: This case in the European Union affirmed the right to request the removal of search engine links to inadequate, irrelevant, or outdated personal information. Fill-in-the-Blank Questions:

6. The _______ Amendment to the U.S. Constitution provides protections for freedom of the press. Correct Answer : First Rationale: The First Amendment protects freedom of speech, religion, assembly, and the press.
7. The legal concept of _______ refers to the right of journalists to protect their sources and not disclose confidential information. Correct Answer : Shield laws Rationale: Shield laws vary by state and offer protection to journalists regarding the disclosure of confidential sources.
8. The _______ Doctrine prohibits the government from suppressing publication of materials in advance of their publication.

Correct Answer : Prior restraint Rationale: Prior restraint is a critical component in ensuring freedom of the press and speech.

9. The concept of _______ refers to the publication of false statements that damage a person's reputation. Correct Answer : Defamation Rationale: Defamation includes both libel (written defamation) and slander (spoken defamation).
10. The _______ case established the "right to privacy" in U.S. law through an influential Harvard Law Review article. Correct Answer : Warren and Brandeis Rationale: This law review article laid the foundation for recognizing privacy rights in media law. True/False Questions:
11. True or False: The fair use doctrine allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, and research.

Rationale: The right to be forgotten allows individuals to request removal of certain personal information from search engine results.

15. True or False: The Supreme Court case Branzburg v. Hayes affirmed that journalists enjoy an absolute privilege to refuse to testify in court cases. Correct Answer : False Rationale: In Branzburg v. Hayes, the Supreme Court held that journalists must comply with grand jury subpoenas to testify.