MEJO 341 FINAL EXAM Questions With Correct Answers
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MEJO
Institution
MEJO
MEJO 341 FINAL EXAM Questions With
Correct Answers
What are the 4 types of law? - answerCommon, statutory, constitutional, administrative
The Golden Rule - answerWas there a reasonable expectation to privacy?
Net neutrality - answer-the principle that traffic on the Internet is not privileged
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MEJO 341 FINAL EXAM Questions With
Correct Answers
What are the 4 types of law? - answer✔Common, statutory, constitutional, administrative
The Golden Rule - answer✔Was there a reasonable expectation to privacy?
Net neutrality - answer✔-the principle that traffic on the Internet is not privileged
-all packets (data) travel equally (in theory)
-i.e. your blog has an equal chance of being seen as does the NYTimes
commercial speech - answer✔advertising
FCC and net neutrality - answer✔Tried to encourage net neutral principles, labeling ISPs
"information providers" they could regulate
Federal Trade Commission (FTC) - answer✔-created in 1914 by FTC Act
-regulatory branch
-writes administrative law
-created to prevent companies from using false and deceptive ads for unfair competition - to
create a monopoly
-body of commissioners (5) three from the party power, two from minority party
Third Party Doctrine - answer✔-Information lawfully held by third parties is treated differently.
It can be obtained by subpoenaing the third party, by securing the third party's consent or by any
other means of legal discovery; the "owner" has no role in the matter, and, often, no search
warrant is required. (Smith v. Maryland, 1979)
-Notion that a person who surrenders information to a third party consents to that third party's
disclosure of such information to others.
Common Law - answer✔Law that comes out of the courts
Valentine v. Chrestensen (1942) - answer✔BAD LAW
said purely commercial speech is not be the first amendment
Third Party Doctrine - answer✔Global Positioning System tracking case, U.S. v. Jones (2012).
Police cannot attach a GPS device to a suspect's car without a warrant.
Riley v. California (2014): The police generally may not, without a warrant, search digital
information on a cellphone seized from an individual who has been arrested.
Precedent - answer✔basis for all other decision in that subject going forward
FCC v. Verizon (DC Cir. 2014) - answer✔-Verizon & more challenged the FCC's authority to
regulate their businesses and the "Open Internet Order" that said that businesses can't
discriminate traffic
-Verizon & more wanted to discriminate traffic on the internet to improve streaming services and
charge high bandwidth customers more
-DC Cir. ruled that while FCC has authority to regulate the Internet, "Open Internet Order" was
not within their power
-To have that power, FCC must declare broadband providers to be "common carriers" (like
phone companies); FCC had classified them as "information providers"
-FCC had been hesitant to declare internet a common carrier
NY Times v. Sullivan (1964) - answer✔weakened rule from Valentine v. Christense by protecting
editorial ads
Third Party Doctrine - answer✔Justice Sonia Sotomayor's concurrence in Jones described the
third-party records doctrine as "ill-suited to the digital age, in which people reveal a great deal of
information about themselves to third parties in the course of carrying out mundane tasks."
Types of Privacy Claims - answer✔Publication torts
Newsgathering torts
A tort is a type of injury...a wrong against someone
Due process of law - answer✔same expectations to the way law applies to all of us
Open Internet Order - answer✔Kept: Transparency requirement
Ditched: Anti-blocking requirement; Anti-discrimination requirement
judicial restraint vs. judicial activism - answer✔those who practice judicial restraint have a
greater willingness to accept lower court decisions and defer to other branches of government.
Judicial activism is wanting to challenge them
New FCC Rules - Adopted Feb. 2015 - answer✔-No blocking: broadband providers may not
block access to legal content, applications, services, or non-harmful devices
-No throttling: broadband providers may not impair or degrade lawful internet traffic on the basis
of content, applications, services, or non-harmful devices
-no paid prioritization: broadband providers may not favor some lawful internet traffic over other
lawful traffic in exchange for consideration of any kind - aka no fast lanes. Also bans ISPs from
prioritizing content and services of their affiliates
Protections of commercial speech - answer✔-Commercial speech undergoes the intermediate
scrutiny test
--"substantial interest to regulate the speech"
-false commercial speech NOT protected
-Prior restraints are allowed
-Can be compelled
Publication torts - answer✔These include three privacy torts
Appropriation
False Light
Public disclosure of embarrassing private facts
Statutory Law - answer✔Made by legislators. On the federal, state, or local level
Just and Reasonable Conduct provision - answer✔-allows the FCC to decide what is acceptable
on a case-by-case basis
-Congress?
Why are we harsher on commercial speech? - answer✔-comm. speech is hardier -- advertisers
won't be intimidated like political speech
-comm. speech can be verified
Appropriation - answer✔The use of a person's name or image for commercial purposes without
that person's permission
Celebrities suffer a violation of "right of publicity"
Private people suffer emotional distress due to shame and humiliation - commercialization of
their identity
Recognized in NC
Vanna White v. Samsung (1993) - answer✔Vanna sued Samsung for using her likeness without
her permission....vanna won the case
Central Hudson Gas and Electric v. Public Service Commission (1980) - answer✔-Created the
Central Hudson Test
-court said it was a violation of the electric company's FA rights to prohibit them from promoting
electricity use
Net neutrality legal showdown expected - answer✔-seven plaintiffs, including AT&T
-trying to stop timing of implementation
-will argue that labeling of telecomm service as common carrier rather than info service is flawed
Examples of Federal statutory law - answer✔copyright, advertising, broadcasting
Examples of State statutory law - answer✔libel, shield law
Central Hudson Test - answer✔1. is the ad eligible for FA protection?
2. if yes, does the gov't have a substantial interest in the regulation?
3. if yes, does the regulation advance that interest?
4. is the regulation the least restrictive alternative? (now "reasonable fit")
Midler v. Ford - answer✔Bette Midler sued Ford for using a sound-alike that was one of her
former backup singers in an advertisement after Midler herself refused to participate;
court sided with Midler
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