Communications 300 Lesson 6
This is an exam of lesson 6. Communication 300
- 1.
Which of the following is true?
- A.
The Supreme Court said in Valentine v. Christensen (1942) that purely commercial advertising is protected by the First Amendment.
- B.
The Supreme Court said in Virginia State Board of Pharmacy (1976) that commercial transactions are not protected by the First Amendment because they have no social, cultural, philosophical, or political content.
- C.
The Supreme Court reasoned in Virginia State Board of Pharmacy (1976) that commercial speech contributes to public decision-ma
- D.
The Supreme Court said in Virginia State Board of Pharmacy (1976) that since the First Amendment protects purely commercial advertising, the government may not regulate ads that are false, misleading, deceptive, or that promote illegal products or services.
Correct Answer
C. The Supreme Court reasoned in Virginia State Board of Pharmacy (1976) that commercial speech contributes to public decision-ma -
- 2.
The fourth prong of the Central Hudson Test asks (according to the Supreme Court in Board of Trustees v. Fox, 1989) whether the regulation
- A.
Absolutely is the least severe that will a. achieve the desired effect
- B.
Is narrowly tailored to achieve the desired objective
- C.
Directly advances the governmental objective
- D.
Uses the least restrictive means possible to serve the governmental interest
Correct Answer
B. Is narrowly tailored to achieve the desired objectiveExplanation
The correct answer is "is narrowly tailored to achieve the desired objective." This means that the regulation should be specifically crafted to target and address the government's objective in the most precise and limited way possible. It should not be overly broad or burdensome, but rather focused and effective in achieving its intended purpose.Rate this question:
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- 3.
Which of the following is false?
- A.
In Posadas (1986), the Supreme Court found that the Puerto Rican government's ban on casino advertising was constitutional under the Central Hudson Test
- B.
Government must provide solid proof that supports government claims that regulations on advertising satisfy the Central Hudson Test.
- C.
Government must provide solid proof that supports government claims that regulations on advertising satisfy the Central Hudson Test.
- D.
In Liquormart (1996) the Supreme Court indicated that the government has broad discretion to suppress truthful, non-misleading information for paternalistic purposes
Correct Answer
D. In Liquormart (1996) the Supreme Court indicated that the government has broad discretion to suppress truthful, non-misleading information for paternalistic purposesExplanation
In Liquormart (1996), the Supreme Court did not indicate that the government has broad discretion to suppress truthful, non-misleading information for paternalistic purposes. This statement contradicts the ruling in Liquormart, where the Court held that the government cannot restrict the advertisement of truthful, non-misleading information about lawful products for paternalistic reasons. The Court emphasized the importance of free speech and commercial expression in this case.Rate this question:
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- 4.
True or False? The responsibility of the FTC is both to protect the public from unfair and deceptive advertising and marketing, and to promote competition among competitors.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The Federal Trade Commission (FTC) is indeed responsible for both protecting the public from unfair and deceptive advertising and marketing practices, as well as promoting competition among competitors. The FTC works to ensure that businesses engage in fair competition and do not engage in deceptive or fraudulent practices that could harm consumers. By enforcing laws and regulations, the FTC aims to create a level playing field for businesses while safeguarding consumer interests.Rate this question:
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- 5.
The following is true about the FTC.
- A.
Commissioners are nominated by the President and confirmed by the Senate
- B.
There are no regional offices throughout the country. All FTC business is conducted in Washington, D.C.
- C.
It focuses on state and local advertising, as well as national advertising
- D.
FTC investigations are triggered only by Congressional inquiries. Consumers and competitors may not complain directly to the FTC.
Correct Answer
C. It focuses on state and local advertising, as well as national advertisingExplanation
The correct answer is that the FTC focuses on state and local advertising, as well as national advertising. This means that the FTC is responsible for regulating and monitoring advertising practices at both the state and local levels, in addition to national advertising campaigns. This indicates that the FTC has a broad jurisdiction and is involved in overseeing various aspects of advertising to ensure fair and truthful practices.Rate this question:
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- 6.
Which of the following is not one of the four key parts of the FTC's definition of deceptive ads?
- A.
It must contain a representation or omission of information that is likely to mislead
- B.
The representation or omission must be material.
- C.
The representation or omission must be likely to mislead any member c. of the consuming public.
- D.
The representation or omission must be likely to cause harm
Correct Answer
C. The representation or omission must be likely to mislead any member c. of the consuming public.Explanation
The correct answer is "The representation or omission must be likely to cause harm." This is not one of the four key parts of the FTC's definition of deceptive ads. The four key parts include: the ad must contain a representation or omission of information that is likely to mislead, the representation or omission must be material, the representation or omission must be likely to mislead any member of the consuming public, and the representation or omission must be likely to affect a consumer's decision to purchase or use the product.Rate this question:
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- 7.
A material claim is one which is
- A.
Overtly stated
- B.
Implied
- C.
Likely to affect a consumer's decision
- D.
Likely to cause material harm
Correct Answer
C. Likely to affect a consumer's decisionExplanation
A material claim is likely to affect a consumer's decision because it provides information or makes a statement that has the potential to influence a consumer's purchasing behavior. This means that the claim has the power to sway a consumer's opinion or choice when it comes to buying a product or service. It could be a claim about the product's features, benefits, quality, or any other aspect that might be important to the consumer. Therefore, a material claim holds significance in terms of its impact on consumer decision-making.Rate this question:
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- 8.
Which of the following FTC preventative (or prospective) remedies has the force of law?
- A.
Advisory opinions
- B.
Policy statements
- C.
Rulemaking
- D.
Consent agreements
Correct Answer
C. RulemakingExplanation
Rulemaking is a FTC preventative remedy that has the force of law. Rulemaking refers to the process through which an administrative agency, such as the FTC, creates rules and regulations that have the same legal effect as statutes. These rules are binding and enforceable, and individuals and businesses must comply with them. Rulemaking allows the FTC to establish specific requirements and standards to prevent unfair or deceptive practices and protect consumers. Unlike advisory opinions, policy statements, or consent agreements, rulemaking carries the weight of law and is legally binding.Rate this question:
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- 9.
Which of the following is false?
- A.
Advertisers and ad agencies must be able to provide evidence for explicit and implicit statements made in their advertising claims
- B.
If an advertiser is ruled against by an administrative law judge, he or she may appeal that decision directly to the U.S. Supreme Court.
- C.
When advertisers sign a consent agreement, they generally do not admit liability for false or misleading advertising.
- D.
Instead of working through administrative remedies, the FTC sometimes goes directly to federal court to seek an injunction against an advertiser
Correct Answer
C. When advertisers sign a consent agreement, they generally do not admit liability for false or misleading advertising.Explanation
Advertisers signing a consent agreement means that they agree to stop the false or misleading advertising practices, without admitting liability. This allows them to avoid a lengthy legal process and potential penalties, while still rectifying their actions.Rate this question:
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- 10.
Which of the following is true?
- A.
The FTC supports self-regulation by online (Internet) advertising industries. (It does not think that legislation is necessary.)
- B.
The NAD (National Advertising Division) is a federal agency, and it can force an advertiser to comply with its decisions.
- C.
The CARU (Children's Advertising Review Unit) is part of the Council of Better Business Bureaus.
- D.
CARU guidelines for advertising to children include the standard that advertisers should not make advertising appeals directly to children under the age of 8.
Correct Answer
C. The CARU (Children's Advertising Review Unit) is part of the Council of Better Business Bureaus.Explanation
The correct answer is that the CARU (Children's Advertising Review Unit) is part of the Council of Better Business Bureaus. This means that CARU is an organization that is affiliated with the Council of Better Business Bureaus and operates under its umbrella. CARU is responsible for reviewing and regulating advertising that is targeted towards children, ensuring that it meets ethical standards and does not exploit or deceive young audiences.Rate this question:
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- 11.
Which of the following is true?
- A.
Corporations enjoy many of the same constitutional rights as natural persons, including the right of privacy.
- B.
Time, place and manner restrictions do not apply in the practice of public relations because the First Amendment protects all corporate speech.
- C.
Public relations practitioners must understand business laws that apply to their activities, as well as PR and First Amendment laws.
- D.
Corporations do not have the right of publicity
Correct Answer
C. Public relations practitioners must understand business laws that apply to their activities, as well as PR and First Amendment laws.Explanation
Public relations practitioners must understand business laws that apply to their activities, as well as PR and First Amendment laws. This is because public relations involves communication and interaction with various stakeholders, including the media, clients, and the public. Understanding business laws ensures that practitioners comply with legal regulations in areas such as contracts, intellectual property, and employment. Additionally, knowledge of PR and First Amendment laws is essential to navigate issues related to freedom of speech, defamation, and privacy rights. Overall, having a comprehensive understanding of these laws enables practitioners to effectively and ethically carry out their responsibilities in the field of public relations.Rate this question:
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- 12.
Which of the following is false?
- A.
The text takes the position that PR practitioners are generally well advised to trust standard form contracts; that they are inherently safe legally
- B.
An indemnification clause in a PR practitioner's contract would protect the PR person from responsibility for legal action when material has been disseminated with the client's approval.
- C.
The central legal question in lawsuits over non-compete clauses usually revolves around the reasonableness of the clause in both duration and space.
- D.
Confidentiality agreements in PR contracts generally forbid any disclosure of information learned while working for a client
Correct Answer
A. The text takes the position that PR practitioners are generally well advised to trust standard form contracts; that they are inherently safe legallyExplanation
The explanation for the given correct answer is that the text does not take the position that PR practitioners are generally well advised to trust standard form contracts or that they are inherently safe legally.Rate this question:
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- 13.
With regard to ownership of PR work and proposals, which of the following is true?
- A.
According to the Supreme Court, free-lancers do not own the copyright a. to the works they create.
- B.
Public relations are generally considered to be "works for hire," and are therefore owned by the client.
- C.
If the copyright is assigned to the corporate client, the creators (the PR agency) lose all ownership rights.
- D.
A statement of ownership by the PR agency should be included in a proposal's title page to assure that the prospective client won't use the ideas presented in the proposal.
Correct Answer
D. A statement of ownership by the PR agency should be included in a proposal's title page to assure that the prospective client won't use the ideas presented in the proposal.Explanation
The correct answer states that a statement of ownership by the PR agency should be included in a proposal's title page to assure that the prospective client won't use the ideas presented in the proposal. This is because according to the Supreme Court, free-lancers do not own the copyright to the works they create, and public relations are generally considered "works for hire" owned by the client. Therefore, including a statement of ownership protects the PR agency's ideas and prevents the client from using them without permission.Rate this question:
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- 14.
Which of the following is false?
- A.
If photos, film, or audio-visual materials are used commercially, PR practitioners should always get consent agreements or releases
- B.
Malice in trade is an unfair business practice in that it oversteps the proper bounds of competition by seeking to drive others out of business through malicious PR or actions.
- C.
Public relations practitioners must be alert to their duty to warn consumers of dangerous conditions associated with products they promote
- D.
When there is a conflict between state and federal law relating to corporate business practices, PR practitioners should base their behavior on state law (not federal law).
Correct Answer
D. When there is a conflict between state and federal law relating to corporate business practices, PR practitioners should base their behavior on state law (not federal law).Explanation
PR practitioners should not base their behavior on state law when there is a conflict with federal law. Federal law takes precedence over state law in matters of corporate business practices.Rate this question:
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- 15.
True or False? Public relations practitioners can be held liable for negligent misrepresentation if they understand the consequences of a party's reliance on their false material statements.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Public relations practitioners can be held liable for negligent misrepresentation if they understand the consequences of a party's reliance on their false material statements. This means that if a PR practitioner knowingly makes false statements that someone relies on and suffers harm as a result, they can be held responsible for their actions. This emphasizes the importance of truthfulness and accuracy in public relations, as practitioners have a duty to provide reliable information to the public.Rate this question:
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- 16.
Which of the following receives the most First Amendment protection?
- A.
Corporate expression
- B.
Commercial expression
Correct Answer
A. Corporate expressionExplanation
Corporate expression receives the most First Amendment protection because corporations, like individuals, have the right to free speech. The Supreme Court has recognized that corporations have the right to engage in political speech and express their views on social and political issues. This protection is based on the belief that restricting corporate expression would also restrict the speech of the individuals who make up the corporation. Commercial expression, on the other hand, is subject to more regulation and restrictions because it is considered to be primarily motivated by profit rather than the expression of ideas or opinions.Rate this question:
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- 17.
According to the Supreme Court, corporate expression that is false or misleading and knowingly designed to mislead consumers
- A.
Is protected by the First Amendment, just as false political speech is protected
- B.
Has no First Amendment protection whatsoever
Correct Answer
B. Has no First Amendment protection whatsoeverExplanation
The correct answer is "has no First Amendment protection whatsoever." This means that corporate expression that is false or misleading and knowingly designed to mislead consumers does not have any protection under the First Amendment. This is in contrast to false political speech, which is still protected by the First Amendment.Rate this question:
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- 18.
Which of the following is false?
- A.
"Generecide" happens when a corporation loses protection of a trademark because it is no longer distinctive due to generic use.
- B.
Administrative agencies make their own regulations, enforce them, and provide initial judicial review. Their rules and rulings have the force of law.
- C.
The SEC (Securities and Exchange Commission) requires that corporate communications may not omit any material or significant fact or claim to the buying public
- D.
PR practitioners are considered by the SEC to be mere publicists with no responsibility for the accuracy of corporate financial statements which they help prepare. They have no responsibility to investigate the accuracy of such statements.
Correct Answer
D. PR practitioners are considered by the SEC to be mere publicists with no responsibility for the accuracy of corporate financial statements which they help prepare. They have no responsibility to investigate the accuracy of such statements. -
- 19.
Which of the following is true?
- A.
A PR practitioner who is not employed by a company could not be classified as an "insider" in an insider trading case.
- B.
The FDA (Food and Drug Administration) has to approve all press releases, advertising, package inserts, or other promotional copies about medical devices as well as prescription and non-prescription drugs
- C.
The Federal Trade Commission (FTC) does not regulate internet advertising because this is handled by state and local governments.
- D.
The FTC has no regulatory power over advertising d. for food and drug products.
Correct Answer
B. The FDA (Food and Drug Administration) has to approve all press releases, advertising, package inserts, or other promotional copies about medical devices as well as prescription and non-prescription drugs -
- 20.
With regard to PR practitioners' interactions with the media, which of the following is false?
- A.
Tape recording of press interviews is a good policy, if done in accordance with state law.
- B.
The journalistic category "for background" means that the information may be used but may not be attributed to the individual speaking.
- C.
Journalists' promises of confidentiality are legally enforceable.
- D.
PR practitioners and their corporate clients should never do or say anything they do not want disseminated by the media
Correct Answer
B. The journalistic category "for background" means that the information may be used but may not be attributed to the individual speaking.Explanation
The statement that journalists' promises of confidentiality are legally enforceable is false. While journalists may promise to keep a source's identity confidential, there is no legal obligation for them to do so. Journalists have the right to protect their sources, but they can still be compelled by a court to reveal their sources under certain circumstances. Therefore, PR practitioners should be cautious when sharing sensitive information with journalists, as there is no guarantee of confidentiality.Rate this question:
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Mar 07, 2010Quiz Created by
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