MSTD 400 Final Exam Study Guide

The final exam will be not be cumulative, but will include the introductory materials and defamation in addition to advertising, broadcast and obscenity law.

Main cases / Second half of the semester

  1. A&M v. Napster, 2002
  2. Associated Press v. Walker, 1967
  3. Associated Press v. U.S. 1945
  4. Bigelow v. Virginia, 1975
  5. Brandenburg v. Ohio, 1969
  6. Central Hudson Gas & Electric v. PSC of NY, 1980
  7. City of Los Angeles v. Preferred Communications, 1986
  8. Curtis Publishing Co. v Butts, 1967
  9. Farmers Educational Cooperative Union v. WDAY, 1959
  10. Fox v FCC 2008
  11. FCC v. Pacifica Foundation, 1978
  12. FCC v. League of Women Voters, 1984
  13. Gertz v. Welch, 1974
  14. Hustler Magazine and Larry C. Flynt v. Jerry Falwell, 1988
  15. Loraine Journal Co. v. US 1951
  16. Lehman v. Shaker Heights, 1974 bn
  17. Miami Herald v. Tornillo, 1974
  18. Miller v. California 1973
  19. Mutual Film v. Industrial Commission of Ohio, 1915
  20. NBC v. US, 1943
  21. New York Times v. Sullivan, 1964
  22. One Book Entitled Ulysses v. US, 1934
  23. Pope v. Illinois, 1989
  24. Posadas of Puerto Rico Associates v. Tourism Co. of Puerto Rico, 1986
  25. Red Lion Broadcasting v. FCC, 1969
  26. Regina v. Hicklin, 1868
  27. Reno v. ACLU, 1997
  28. Roth v. US, 1957
  29. Trinity Methodist Church v. FRC, 1933
  30. Valentine v. Christensen, 1942

Defamation

EC1: What is a SLAPP suit?
EC2: Why were libel plaintiffs in a better position in the US 100 years ago than today?

Broadcast Law and Regulation
EC: What are differences between neo-liberal and neo-conservative interpretations of anti-trust law?
EC2: What is the difference between the "Equal Time" rule (Section 315) and the "Fairness Doctrine?"
 

Advertising and Commercial Speech

EC: Was there a conflict between the Valentine decision and the New York Times decision? If so, how was it resolved? If not, why not?
EC2: How does the right to place advertising vary between print, broadcast and ÒpublicÓ media? Provide case examples.

Indecency and Obscenity
EC1: What is "Comstockery"? What are some 19th and 20th century examples of the excesses of the crusade against vice? How does that compare to the recent flap over indecency in brodcasting (EG, "shock jocks," the Superbowl incident, etc)
.EC2: How does the doctrine of scienter apply to Internet Service Providers?
EC3: The idea of national versus community standards for defining obscenity got a new kind of challenge in the US v. Robert Allen Thomas case. What new kind of community standard was involved? Did the case resolve the issue?
EC4: What has been the role of the US Postal Service in the ongoing debate over obscenity? Describe at least two situations in which the post office tried to control the content of explicit materials in the mail.

 

Definitions, laws and concepts

sources of law (5)
structure of the federal and state court systems
libel, elements of (5) and defenses against (3)
slander as opposed to libel
certiorari, remand, prior restraint
standard of proof for civil versus criminal cases
preferred position for First Amendment
Copyright Act of 1976 / Berne Convention
Digital Millenium Copyright Act, 1998
Sonny Bono Copyright Term Extension Act, 1998
legal basis for protection of sources by reporters
Four tests of fair use copyright exemption
Ethical concepts respecting Free Press / Fair Trial issues
Advertising on TV for tobacco, liquor / special rules

Broadcast law:

Radio Act of 1912
Radio Act of 1927
Communications Act of 1934
Telecommunications Act of 1996
Original ownership limit: The Rule of Sevens

Conceptual questions

One point questions

How is the standard of proof different in a civil case different from that of a criminal case? Give at least two examples of how that standard has affected cases. Be specific.

Describe three ethical dilemmas that are possible in reporting crime news?

Why were libel plaintiffs in a better position in the US 100 years ago than today? Where else might a plaintiff go to get a better deal?

Why is Virginia's invasion of privacy law different from other states? How was it used in the Hustler v. Falwell case?

What were the issues in Eldred v. Ashcroft? What did the court say about how the Constitution was to be interpreted in this area?

What are differences between classical liberal and neo-conservative interpretations of anti-trust law?

Descrobe the difference between the "Equal Time" rule (Section 315) and the "Fairness Doctrine?"

Was there a conflict between the Valentine decision and the New York Times decision? If so, how was it resolved? If not, why not?

How does the "right" to advertise vary between print, broadcast and public media? Provide case examples.

Six point questions / Give at least six cases with each answer:

Four points