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MEJO 341 FINAL EXAM QUESTIONS AND ANSWERS 2024
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MEJO 341 FINAL EXAM QUESTIONS AND ANSWERS 2024
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MEJO 341 FINAL EXAMUnder what circumstances can you appeal your case? - ANSWERS-on the basis of
the law or if due process was not met
Writ of certiorari - ANSWERS-a petition to get your case heard by the US Supreme
Court
2. Identification - ANSWERS--requires third-party recognition "of or concerning"
the plaintiff
RJ Reynolds v. FDA (2012) - ANSWERS--graphic warning labels for cigarettes case
-debate over what level of review: rational basis or intermediate scrutiny
-went with intermediate scrutiny -- FDA didn't provide any data or substantial
evidence required therefore couldn't pass central hudson
Cox Broadcasting v. Cohn (1975) - ANSWERS--Involved the death of a 17-year-old
girl killed in Georgia
-Also a victim of sexual assault
-TV station went into the public record about this case, they broadcast the name
of the girl that had been murdered
-Cohn family said this was the public disclosure of a private embarrassing fact +
violated Georgia statute about disclosing sexual assault victims identity
,-Court said that while the family had some right to privacy, this is info. Readily
available in the public record and that the press shouldn't be punished
-Court also said that the state law was unconstitutional
US Supreme Court Justices - ANSWERS-Chief Justice - John Roberts
Elena Kagan
Stephen Breyer
Sonia Sotomayor
Ruth Bader Ginsberg
Neil Gorsuch
Samuel Alito
Clarence Thomas
Anthony Kennedy
Group libel rules - ANSWERS-a. groups fewer than 25 - ID
b. groups of 25 to 100
-blanket slur - ID
-limited accusation - no ID
c. groups of more than 100 - no ID
How the FTC works - ANSWERS-Subpoenas and civil investigative demands (CIDs)
they complain, then order/consent agreement, might also sue in district court
,can issue civil penalties
if respondent contests, complaint adjudicated before an administrative law judge
(ALJ) in a trial-type proceeding
appeals to full commission
Sipple v. Chronicle Publishing Co. (1984) - ANSWERS--San Francisco Chronicle and
Oliver Sipple
-Oliver Sipple (decorated marine) intervened and saved President Ford's life after
an assassination attempt
-The chronicle openly published that he was gay
-He said this was a public disclosure of a private embarrassing fact
-Court said it was newsworthy
How does a justice get on the US Supreme Court? - ANSWERS-nominated by the
president, approved by the senate, and serves for life.
3. Publication - ANSWERS--allegedly libelous charge must reach a third party
-republication rule: you can be held responsible for the republication of a libelous
comment
--except: wire service defense, online republication
Unfairness - ANSWERS--whether an ad causes substantial consumer injury
-more likely to arise in how companies treat customers or health/safety risks
, -"unfair" practices are defined as those that "cause or are likely to cause
substantial injury to consumers which is not reasonably avoidable by consumers
themselves and not outweighed by the countervailing benefits to consumers or to
competition
Billea v. Gawker - ANSWERS-Gawker tried to say Hulk Hogan sex tape was
newsworthy and lost in court so badly that they went bankrupt
Public Disclosure Defenses - ANSWERS-Tort rejected in state
Fair report (or information is not private)
Information is newsworthy
Info is not sufficiently embarrassing
Consent
CDA, Sec. 230 - ANSWERS--immunity provisions protecting ISPs
-Immunity provisions: Section 230(c)(1)"No provider or user of an interactive
computer service shall be treated as the publisher or speaker of any information
provided by another information content provider."
-"Good Samaritan" provisions: Section 230(c)(2)(A)"No provider or user of an
interactive computer service shall be held liable on account of ... any action
voluntarily taken in good faith to restrict access to or availability of material that
the provider or user considers to be obscene, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise objectionable...".
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