Term
Valentine V. Chrestensen (1942) |
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Definition
• Giving out commercial material on street
• Supreme Count endorsed view that commercial speech was a form of expression unprotected by the First Amendment. |
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Term
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Definition
• Heavily regulated areas of expression
• Restricted at both the state and federal levels.
• Even truthful advertising may be regulated if the government has a substantial justification for doing so. |
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Term
• Virginia Pharmacy (1976) |
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Definition
• Court formally repudiated the principle that commercial speech deserves no First Amendment protection
• Invalidated a Virginia law banning the advertisement of pharmaceutical prices.
• Virginia Pharmacy represents the high water mark of commercial speech protection.
• “Particular consumer's interest in free flow of commercial information...may be as keen, if not keener by far, than his interest in the day's most urgent political debate."
• Also stressed the interests of advertisers and society generally in the free flow of commercial information.
• Rejected Virginia's "highly paternalistic approach" of suppressing information for the public's own good
• Court concluded that "people will perceive their own best interests if only they are well enough informed, and that the best means to that end is to open the channels of communication rather than to close them." |
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Term
City of Cincinnati v Discovery Network |
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Definition
• Atypical commercial speech case
• Local ordinance that--for aesthetic reasons-- banned newracks for primarily commercial publications such as shoppers and real estate guides.
• The Court, 6 to 3, invalidated the law, noting that newsracks containing commercial publications are no uglier than newsracks containing traditional newspapers.
• The Court viewed the ordinance as content-based, and applied something close to strict scrutiny. |
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Term
Bolger v. Youngs Drug Products (1983) |
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Definition
• Mailings classified as commercial speech
• The pamphlets included references to a specific product.
• The company had an economic motive for mailing the pamphlets.
• The company paid for the pamphlets.
• Restriction was carefully tailored to serve a substantial interest |
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Term
Greater New Orleans Broadcasting v. United States (1999) |
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Definition
• Where gambling casinos are legal, the government may not prohibit their advertising unless the ban directly advances a substantial interest. |
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Term
Because of precedent once a case is decided by the Supreme Court |
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Definition
| that all other courts then follow, and no lower court can ever supersede a Supreme Court decision. In fact, not even Congress or the president can change, reject or ignore a Supreme Court decision. |
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Term
An advertiser making a material claim must |
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Definition
• must have in advance a "reasonable basis" for believing the claim is true.
• Level of proof that would satisfy a reasonably prudent businessperson. |
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Term
Under federal law, if one political candidate is allowed to buy a commercial on a radio station, all opposing candidates |
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Definition
can as well. equal opportunity • Section 315 provides that legally qualified candidates for public office are entitled to receive, upon request, equal facilities to those used by their opponents for the same office, under certain defined circumstances.
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Term
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Definition
| The FTC will not rule an advertising claim deceptive if the claim qualifies |
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Term
- According to the ruling in Pope v. Illinois, all three parts of the Miller test are
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Definition
| not to be determined with reference to local community standard |
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Term
| The Supreme Court has made it clear that the Miller standard identifies only |
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Definition
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Term
| Can sexually explicit material, even if not obscene, be regulated? |
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Definition
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Term
| The U.S. Supreme Court in 1980 determined that Penthouse |
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Definition
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Term
| An advertisement can be ruled deceptive even though it is |
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Definition
| the filing of private lawsuits by consumers |
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Term
| The U.S. Supreme Court in PIzza Hut Inc. v Papa John's International Inc. |
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Definition
• RULED IN FAVOR OF PAPA JOHNS Court said Pizza Hut failed to show that the ad caused people to buy Papa John’s out of confusion. |
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Term
| The Federal Trade Commission has defined deceptive advertising as a material representation or omission that |
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Definition
| is likely to mislead a reasonable consumer |
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Term
| The federal Trade Commission's basic authority is derived from Section 5 of the Federal Trade Commission Act, which charges the FTC with the responsibility to regulate |
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Definition
| unfair or deceptive acts or practices affecting commerce |
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Term
| In one of the Supreme Court's most thorough defenses of the categorical obscenity exclusion, Paris Adult Theatre I v. Slaton, the Court said that |
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Definition
| scientific evidence of harm is unnecessary |
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Term
| A "material" representation in an ad is one that |
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Definition
| is likely to influence a consumer's choice of a product |
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Term
| The Supreme Court laid the general foundation for today's approach to obscenity law in what 1950s case? |
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Definition
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Term
| Which of the following is the broad term used to describe all material that is sexually explicit and intended primarily for the purpose of sexual arousal? |
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Definition
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Term
| In Satellite Broadcasting & Communications Assn. v. FCC the court upheld a law requiring that DBS services |
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Definition
| must carry local broadcast signals |
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Term
| The Telecommunications Act of 1996 required V-chip technology in new TV sets and, something even more controversial, a |
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Definition
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Term
| A false-advertising claim under section 43(a) of the Lanham Act rests on four elements. Which of the following is NOT one of them? |
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Definition
| Four elemets: (1) a false representations of fact made by an advertiser about a product; (2) a representation the deceives, or has a tendency to deceive, a substantial segment of the audience; (3) a representation that is likely to influence purchasing decisions; (4) a false representation that is likely to result in injury to plantiff |
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Term
| In which case did the Supreme Court first hold that "pure commercial speech" is generally protected by the First Amendment? |
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Definition
| Bolger v. Youngs Drug Products (1983) |
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Term
| For purposes of the equal opportunities rule, which of the following would most likely qualify as a "use" of broadcast time? |
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Definition
| candidate appears on tv variety show |
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Term
| When a broadcaster has performed irresponsibly or violated FCC rules, the commission is likely to employ a form of punishment less severe than nonrenewal. One such form of punishment is |
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Definition
| renewal for a short term ... fines (?) |
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Term
| In Cruz v. Ferre a federal Court of Appeals held that |
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Definition
| the Pacifica doctrine does not apply to the cable medium |
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Term
| The FCC's definition of indecency is different from obscenity in what respect? |
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Definition
| Indecency: legal; Obscenity: illegal, sometimes pornagraphy. |
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Term
| Which of the following was effectively eliminated by the Telecom Act of 1996? |
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Definition
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| The FCC’s new procedure for encouraging broadcast station ownership by small businesses, minorities and women is |
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Definition
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| Under the Telecom Act of 1996, how often must radio broadcasters renew their FCC licenses? |
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Definition
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| If material is obscene under the Miller test, this means that |
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Definition
| the average person would find the work appeals to the prurient interest. |
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Term
| Much of the content regulation of cable TV has been intended to |
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Definition
| protect the viability of local, over-the-air broadcasting |
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Term
| The FCC itself has expressed doubts about the continued legal validity of the |
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Definition
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| In Red Lion Broadcasting v. FCC the Supreme Court upheld the constitutionality of regulations on broadcasting based on |
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Definition
| Fairness Doctrine and plenty of ways to get messages out |
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Definition
| 5 commissioners appointed by the President |
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Term
| Regulatory power over broadcasting is the domain of the |
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Definition
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Term
| The Federal Communications Commission has the power to |
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Definition
Regulate interstate and international communications by wire, satellite and cable |
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Term
| Regulatory power over broadcasting is the domain of the - |
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Definition
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Term
| the transmission of radio or television signals for intended reception by the general public – |
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Definition
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Term
| The Federal Communications Commission has the power to – |
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Definition
| regulate: Transmission of radio or television signals for intended reception by the general public. FCC also regulates all other over the air transmissions. Allot bands within each spectrum usage area how many channels will be available. Decide which applicant will be awarded which channels. Establish technical standards for the operation of stations |
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Term
| Broadcasting licensing and regulation is handled by the FCC’s – |
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Definition
| Only by the FCC? Gave preference to women and minorities when deciding who to give licenses to. (International Telecommunications union? Pg. 149) |
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Term
| .Suppose a TV journalist officially declares his candidacy for a local public office. If the candidate keeps his job and appears on camera to report the news, this could cause the station to – |
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Definition
| They would have to allow the other candidate airtime. (unsure, see page 155) |
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| .In 1987 the FCC abandoned the core of its controversial Fairness Doctrine, but many in Congress vowed to bring it back. What were the two basic requirements that the doctrine imposed upon broadcasters? – |
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Definition
| it gave the government the power to second guess journalists and infringe on first amendment rights. It deterred full and equal news coverage (news casters would avoid certain issues). It led to the belief that the scarcity rationale was no longer relevant ( see pg. 156) |
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| Which of the following is NOT one of the elements of the Miller test for obscenity? - |
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Definition
| Court has made it clear that the Miller standard identifies only “hard-core” materials. In Pope v. Illinois, all three parts of the Miller test are not to be determined with reference to local community standards (pg.144) |
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Term
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Definition
| .Under the _ advertisers must have a reasonable basis, in advance, for all verifiable product claims made |
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