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MEJO 341 Final A Grade exam | 229 Questions with Verified Answers
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MEJO 341 Final A Grade exam | 229 Questions with Verified Answers
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MEJO 341 Final A Grade exam | 229 Questionswith Verified Answers
Examples of Federal statutory law - ✔✔copyright, advertising, broadcasting
Examples of State statutory law - ✔✔libel, shield law
Central Hudson Test - ✔✔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 - ✔✔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
FCC - 2017 - ✔✔-New republican chairman in charge after Trump's election
-Chairman wants to do away with the new rules
Examples of local statutory law - ✔✔ordinances, open container laws, signage laws
Libel - ✔✔defamation + falsity
Who's accountable in an FTC investigation? - ✔✔Ad agencies and clients
,LFP Publishing v. Toffoloni - ✔✔-LFP Publishing (Hustler magazine, Larry Flint) - Hustler
published an article about a wrestler, Chris Benoit, who killed himself and his family
-Hustler published nude photos of the wrestler's wife
-Family sued, Hustler argued these are newsworthy images
-Initially a jury awarded $19 million to the family, but the district court reduced the damages
because Hustler had made a slightly convincing argument that the story was newsworthy
How does the FTC punish people? - ✔✔-may ban false and deceptive advertising
-FTC order ads to be altered
-FTC requires advertisers to substantiate their claims
Flake v. Greensboro News Co. - ✔✔-This is the case we cite to successfully make a claim in
NC
-Flake was featured in a bathing suit for a newspaper advertisement
-She said she didn't give permission
-Courts said she could receive monetary relief for her claim
Who can sue for libel? - ✔✔Living individuals - right to libel suits dies when a person dies
Businesses
Nonprofit groups
NOT the gov't
Constitutional law - ✔✔stated in the constitution (the first amendment)
Who can be sued for libel? - ✔✔Writers, editors, companies
Students
Web site operators
Graphic artists, headline writers
,Ad writers
PR writers
Litigation with comm. speech - ✔✔-state regulations limiting advertisers
--particularly with "vice" products
Central Hudson Test
Keller v. Electronic Arts - ✔✔-Keller and other guy's likeness were used without permission
in video games
-Keller was successful because, even though you couldn't really see his face and they didn't use
his exact jersey, the colors, number, and the way the player behaved in the game was similar
enough to debunk transformative use
-Transformative Use Test
First Amendment protects freedom of: - ✔✔religion (establishment and exercise)
speech
petition
assembly
press
Judicial review - ✔✔gives courts power to decide invalid any act or official act that is
unconstitutional.
Comes from Marbury v Madison, but not explicitly stated in the constitution
Six essential elements of a libel suit: Plaintiff's case - ✔✔---
, Zauderer v. Office of Disciplinary Counsel (1985) - gov't compelled speech - ✔✔-court held
that the state can require comm. speech include "purely factual and controversial information"
without violating the FA "as long as the [state's] disclosure requirements are reasonably related
to the state's interest in preventing deception of consumers"
-rational basis is the most lenient form of judicial review, as both strict scrutiny and
intermediate scrutiny are more stringent
Transformative Use Test - ✔✔Whether the depiction or imitation of the celebrity is the very
sum and substance of the work in question
Whether the work is primarily the defendant's expression
Whether the literal and imitative or creative elements predominate
Whether the market value derives from the fame of the plaintiff
Whether artist's skill and talent is subordinated to the overall goal of creating a conventional
portrait of a celebrity so as to commercially exploit his or her fame.
Administrative law - ✔✔law made by regulatory agencies to deal with complex technical
issues.
Ex: FCC, FTC, copyright office, trademark
1. Defamation - ✔✔-holding up to ridicule or contempt
-libel per se: obviously defamatory
-libel per quod: "publications which are not obviously defamatory, but which become so when
considered in connection with innuendo, colloquium and explanatory circumstances."
Kasky v. Nike (2002) - ✔✔-Mark Kasky said Nike violated a state consumer protection law by
issuing false statements about workers in Southeast Asia
-Nike defended its practices
-Calif. SC said that Kasky should be able to prove falsity of statements in court
-Nike settled case out of court for $1.5 million
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