Flashcard Set Preview
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| 1 |
Why is media coverage of trials a potential problem?
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b/c media coverage of trial/evidence could make jurors biased
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| 2 |
What does the 6th amendment guarantee?
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"the right to a speedy and public trial before an impartial jury"first amendment gives mass...
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| 3 |
How did the first OJ Simpson trial impact coverage of later, unrelated trials?
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the media's coverage of the the trial had the public convinced that OJ was guilty, even though...
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| 4 |
Irvin v. Dowd
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Leslie Irvin, convicted of murdering six peopleProsecuter issued press releases calling him...
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Rideau v. Louisiana
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Wilbert Rideau arrested and charged with robbing a bank, kidnapping 3 employees and killing...
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Sheppard v. Maxwell
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Dr. Sheppard's pregnant wife was murdered a their home. He said he was sleeping downstairs...
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| 7 |
Judges are responsible for protecting defendants from the impact of sensational publicity....
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1. Adopt rules to curtail in-court misconduct by reporters2. Issue protective orders (sometimes...
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| 8 |
voir dire
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process by which prospective jurors are questioned about their backgrounds and biases before...
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| 9 |
peremptory challenges
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requests to discharge prospective jurors without having to prove they would not be impartial
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| 10 |
Can judges issue gag orders restricting what the press can report about a trial? Under what...
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yes, they can if:1. There will be intense and pervasive publicity concerning the case2. No...
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| 11 |
Can judges gag attorneys involved in a tirla?Note decision in Gentile v. State Bar of Nevada
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Nevada state bar disciplined Gentile for making allegedly improper public comments after client...
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| 12 |
When can judges close their courtrooms?
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To protect defendant's right to a fair trialTo protect an individual's privacyTo assure secrecy...
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| 13 |
What is a preliminary hearing?Why is it a potential problem to close a preliminary hearing?
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Hearing where case against accused is reviewed by a judge to determine if there is enough evidence...
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| 14 |
Can judges close the jury selection process? Civil trials?
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no, SC says there's a constitutional right to an open selection process
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| 15 |
How did trial of Bruno Hauptmann (Lindbergh baby kidnapping) affect coverage of trials
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so many reporters and photographers in courtroom, it impeded orderly proceedingsafter trial, American...
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| 16 |
Estes v. Texas
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Estes charged w/ fraud, friend of Pres. JohnstonTexas allows cameras in courtEstes appeals...
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| 17 |
Chandler v. Florida
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cops get arrested for using squad car in burglaryappealed, tried to use Estes caseSC changes,...
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| 18 |
Where does NY law currently stand on cameras in the courtroom
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most states now allow some cameras in courtroom b/c technology has made them smaller and less...
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| 19 |
Who is a "journalist?" Why might that matter in the context of media law?
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Journalists want a shield law so they don't have to testify in court, but there's no definition...
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| 20 |
what is privilege?
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not having to testify against someone in courtjournalists want this kind of privilege with...
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| 21 |
what are the four relationships that get automatic and absolute exceptions in testifying
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husband/wifedoctor/patientattorney/clientpriest/penitentpriest, attorney and doctor all have...
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| 22 |
what's a shield law?
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would prevent journalists from having to testify against sources in court
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| 23 |
civil contempt of court
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judge can send someone to jail for refusing to testify
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| 24 |
criminal contempt of court
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punishment for something that happens in court
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| 25 |
Branzburg v. Hayes
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someone witness someone selling hashSC says has to testify b/c witnessed criminal activity
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| 26 |
US v. Caldwell
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Caldwell interviewed some Black Panthersdoesn't want to answer questions b/c they'll think...
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| 27 |
In re Pappas
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similar to caldwell, SC says he must testify
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| 28 |
test to decide if journalist has to testify
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1. probable cause to believe journalist has clearly relevant information about specific probable...
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| 29 |
Wen Ho Lee v. Department of Justice
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appellate court again held that reporter's privilege did not apply, ruling that the sources'...
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| 30 |
BALCO case
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Mark Fainaru-Wada and Lance Williams wrote stories about alleged steroid use of famous athletes,...
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| 31 |
Joshua Wolf and Vanessa Leggett cases
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Vanessa Leggett-jailed for 168 days for refusing to reveal her notes, tapes and confidential...
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| 32 |
Do shield laws cover bloggers
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in some states yes (NH), in others no (NJ)
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| 33 |
Bill Farr case
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-Farr covered trial of charles Manson-protective gag order in effect, but 2 attorneys gave...
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| 34 |
Cohen v. Cowles Media
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-Cohen (republican) gave reporters documents that revealed petty misdeeds many years earlier...
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| 35 |
What are basic assumptions of the Federal Freedom of Information Act (FoIA)?
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Most gov't records can be viewed by publiagency must respond in 20 working days
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| 36 |
Why aren't journalists the major users of the act?
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because the agencies usually don't respond quickly enough-used to have to be within 10 days,...
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| 37 |
definition ofgovernment agency:records:reasonable cost:
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government agency- includes executive departments, military departments, government corporations,...
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| 38 |
If an agency argues it will cost too much to provide the records requested, will courts be...
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no, usually they make the agency do it anyway
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| 39 |
Do you have to explain why you want a particular document? If not, why might you want to do...
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No, but if you explain that it will be to serve the public interest, the agency might reduce...
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| 40 |
The law sets a deadline of 20 days for the agency to respond. Is that a mandatory deadline?
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No, there are no punishments if they go beyond.
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| 41 |
How did the position of the Clinton and Bush administrations differ on releasing documents...
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under Bush, agencies were encouraged to keep information secret whenever there is a "sound...
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| 42 |
What are the 9 exceptions that allow an agency to refuse to release documents?Which is most...
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1. Danger to national security2. Internal rules & practices of agencies3. Documents on...
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| 43 |
Can government officials take their diaries of official calls home with them to keep them secret?
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Yes
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| 44 |
What did the OPEN government act of 2007 do?
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-brought nonproprietary information held by government contractors within the scope of the...
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| 45 |
What were some of the ways in which the Electronic FoIA changed the original law?
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-defined digital record=paper record-agencies have to release digital copies too-must ID records...
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| 46 |
What is executive privilege? How did U.S. v Nixon set limits on it?
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executive privilege allows president and staff to have some discussions which are kept privateUS...
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| 47 |
What is HIPAA? If someone violates HIPAA privacy rules, is it a criminal offense? How did HIPAA...
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HIPPA is Health Insurance Portability and Accountability Act-yes there are criminal penalties...
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| 48 |
What is FERPA?What is the penalty for violating FERPA?How has FERPA affected reporting?
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Family Education Rights and Privacy Act-educational records are not public, can only be seen...
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| 49 |
Must college campuses issue crime reports?
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Yes, Crime Awareness and Campus Security Actrequires those receiving federal funds to issue...
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| 50 |
What does Federal Driver's Privacy Protection Act require?Why was it passed?
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-requires every state to close its motor vehicle registration and driving records to the press...
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| 51 |
An agency holds a closed meeting in violation of its' state's open meeting law and is caught.Will...
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yes, courts cannot invalidate actions taken by agencies during illegal secret meetings
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| 52 |
Can reporters be barred from prisons? From private property?
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no, journalists do not have a right to freely visit prisons and interview inmatesno, can't...
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| 53 |
How is obscenity different from indecency? Why is it important to draw a distinction?
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obscenity has no 1st amendment protection, indecency doesthere is no formal definition, but...
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| 54 |
Hicklin case
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test comes out of UK court case regarding man distributing anti-Catholic pamphlettest: Is the...
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| 55 |
Anthony Comstock
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led campaign to destroy obscene material in 1800s,got act passed which allowed US Post Office...
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| 56 |
What was the Roth test? When it says "applying contemporary community standards," what community...
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For the 1. average person,2. applying contemporary community standards, 3. does dominant...
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| 57 |
Jacobellis v. Ohio
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Jacobellis managed a theater and was convicted of showing obscene movieshe says other communities...
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| 58 |
After the 'Fanny Hill" case why did prosecutors stop worrying about defining material as obscene...
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The Fanny Hill case added "utterly w/o redeeming social value" to the definition of obscenepeople...
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| 59 |
What happened in Stanley v. Georgia
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-cops had search warrant to find book making material-find films and projector--arrest Stanley...
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| 60 |
How did the Miller v. California case change the way courts were handling obscenity cases
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kicks out national standard---community=localfor adults, not kidsRoth test plus no serious...
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| 61 |
How does forum shopping affect obscenity cases?
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???
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| 62 |
New York v. Ferber?
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don't have to go all the way to legally obscene, just has to have kid involved
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| 63 |
Osbourne v. Ohio
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if it's sexually oriented and relating to kids, it's obscene
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| 64 |
Federal law allows prosecution of film makers if they use a minor in a sexually-explicit role....
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Can't prosecute if they really believed the actor was over 18
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| 65 |
What is the PROTECT Act?
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Bans sale of material claimed to be child porn, even if it isn't
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| 66 |
What happened in Mutual Film v. Industrial Commission of Ohio?How did Burstyn v. Wilson change...
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SC says films are business, entertainment can be censored, not for expressionBurstyn v. Wilson-now...
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| 67 |
Why were film censorship boards eventually disbanded?
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they moved too slow, can't show new movies before competitionFreedma v. Maryland, SC said they...
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| 68 |
Is the movie rating system required by law? If not, why does it exist?
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it's voluntary, but many theaters won't show an unrated movie
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| 69 |
What did the Communications Decency Act of 1996 attempt to do about material on the internet?...
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barred obscene AND indecent material on areas of Internet open to minors ...
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| 70 |
What did the Children's Internet Protection Act require? Was it found constitutional?
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schools/libraries must have filters to receive federal aidlibraries and schools have tried...
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| 71 |
Can a municipality zone an adult business completely out of town? If not, not what options...
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Can zone an adult business away from main part of town, but not completely out of town
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| 72 |
What happened in City of Erie v. Pap's A.M.?
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nude dancing clubcity tried to ban nudity--had to wear somethingowner said it's a form of expressionSC...
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| 73 |
Why do prosecutors and legal authorities have trouble deciding how to curb sexting?
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???
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| 74 |
Does advertising get full first amendment protection?
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not at first, but now they do
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| 75 |
What is the federal agency that oversees advertising? Has it always been able to do so?
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Federal Trade Commission
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| 76 |
What is the FTC's test for deceptive ads?Does it have to wait for a consumer to file a complaint?
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1. identify each affirmative claim or material omission and ask advertiser to document what...
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| 77 |
What are some of the things the FTC can do if it feels an ad is deceptive? Note the agency...
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1.use publicity to tell people ad is false2. give advertiser a copy of cease and desist...
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| 78 |
What was the controversy over Joe Camel?
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cigarette company said cartoon wasn't meant to target teens, but lawmakers showed # of teenagers...
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| 79 |
Valentine v. Chrestensen
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Chrestensen buys sub, docks it and hands out flyers for sub toursCity has anti-littering ordinance,...
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| 80 |
with what case did SC make it clear that advertising did have significant 1st amendment protection?
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Bigelow v. VirginiaBigelow wants to adv. for abortion clinic (in NY-legal) in Virginia where...
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| 81 |
Is Craiglist considered a publisher? Why/why not?
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no, it's information put up by unscreened third party
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| 82 |
What case established that lawyers have the right to advertise? Note that right is not absolute
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Bates v. Arizone State Bar-lawyers used to not be able to adv. outside of yellowpagesBates...
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| 83 |
How much regulation can states do for ads for alcohol and gambling establishments (think casinos)?
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initially couldn't put alcohol content on labels or advertise pricing, but now they can
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| 84 |
Is speech by corporations protected by the 1st Amendment?
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yes
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| 85 |
Citizens United v. FEC
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SC said limits on corporate spending in campaigns violates 1st Amendment, threw out McCain...
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| 86 |
Can print media be required to run ads? What about broadcasters?
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Print-noBroadcasters-yes
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| 87 |
CAN-SPAM Act of 2004
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said had to provide legal mailing address to spam, but people could just give a false onemust...
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| 88 |
Can bloggers take ad dollars w/o telling readers they have done so?
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No
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| 89 |
What is antitrust law?
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prevents companies from working together to:price fix, price-pool (share profits)make...
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| 90 |
American Needle v. Football League?
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NFL decided as one organization to use Reebok to make Superbowl hats (not American Needle)AM....
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| 91 |
Miami Herald v. Tornillo
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FL passed law that said during campaign politicians have right to rebuttalTornillo wanted to...
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