COLLEGE OF MASS COMMUNICATION
                                       Middle Tennessee State University
                                                   Fall 2009   

Welcome to your second MC 6300 exam.  

This exam contains a number of “closed universe” story problems.  Do not read more into the fact pattern than is presented.

Submit your answers via e-mail to lburriss@mtsu.edu.  Do not submit a copy of the exam; just numbers 1-50 with the 
appropriate letter beside each number.  Do not use an attachment.  Put the answers in the body of the e-mail.  Send 
a copy of your answers back to yourself.

Answers are due by 11:59:59 tonight (Thursday)  

 1. Among the following, which is the best single summary concerning limitations on freedom of the press (that is, 
    all media) in the United States:
    A.	There are no limitations on newspapers; all other media are in some way constrained
    B.	The First Amendment to the U.S. Constitution has effectively prevented government from limiting freedom in any way 
    C.	The press and other media are in fact limited by a complex set of formal and informal political, as well as economic restraints	
    D.	None of the above is really accurate	 

 2. In general, communities can regulate speech based on viewpoint
    A.	True
    B.	False

 3. The “traditional public forum” is defined as
    A.  Streets, parks, and other public places that have “immemorially been held in trust for the use of the public.”
    B.  Property that government intentionally designates for public discourse. 
    C.  Property that is neither traditionally open nor dedicated by policy to public discourse, e.g., a military base.

 4. The “limited, or designated public forum” is defined as:
    A.  Streets, parks, and other public places that have “immemorially been held in trust for the use of the public.”
    B.  Property that government intentionally designates for public discourse. 
    C.  Property that is neither traditionally open nor dedicated by policy to public discourse, e.g., a military base.


 5. The “non-public forum” is defined as:
    A.  Streets, parks, and other public places that have “immemorially been held in trust for the use of the public.”
    B.  Property that government intentionally designates for public discourse. 
    C.  Property that is neither traditionally open nor dedicated by policy to public discourse, e.g., a military base.

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A.  Barnes v. Glenn Theatre
B.  Kovacs v. Cooper
C.  Krishna Consciousness v. Lee
D.  Southeastern Promotions v. Conrad
E.  Texas v. Johnson

 6. Communities can impose reasonable time, place, manner restrictions

 7. Communities can impose reasonable time, place, manner restrictions, but they must follow due process.

 8. Flag burning

 9. Nude dancing is not expressive activity

10. Public facilities can impose limits on distribution and solicitation

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11. Fair comment, privilege and neutral reporting are
    A.	Absolute defenses in libel cases
    B.	Mitigating defenses in libel cases
    C.	Absolute defenses in privacy cases
    D.	Mitigating defenses in privacy cases
    E.	None of the above

12. The elements necessary to show libel are:
    A.	Malice, publication, identification, defamation
    B.	Malice, negligence, defamation, identification
    C.	Negligence, publication, identification, defamation
    D.	Reckless disregard for the truth, identification, defamation
    E.	Publication, identification, defamation

13. In general, states can establish reasonable time, place and manner restrictions without running afoul of the First Amendment
    A.	True
    B.	False
	
14. Symbolic speech is protected by the First Amendment
    A.	False, because it is not “real” speech
    B.	True, and the case was Tinker v. Des Moines School District
    C.	False, and the case was Tinker v. Des Moines School District
    D.	True, and the case was Island Trees v. Pico

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A.  Associated Press vs. Walker
B.  Curtis Publishing Co. vs. Butts
C.  Herbert vs. Lando
D.  New York Times vs. Sullivan
E.  Rosenbloom vs. Metromedia 

15. Effectively outlawed the concept of seditious libel

16. The controlling libel case in the United States

17. Said a libel plaintiff can inquire into the state of mind of a libel defendant

18. Said government officials have more of a burden of proving libel than do private citizens

19. Criticized a news organization for not following commonly accepted journalistic practices

20. Said reporters were not as liable for errors in news gathered under deadline pressure 

21. Made libel judgments harder to obtain if you were involved ion a matter of public importance

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22. The U.S. Supreme Court has ruled that newspapers have an obligation to provide reply space to those who are attacked in editorials
    A.	FALSE  
    B.	TRUE

23. According to the Communications Act, stations are required to make time available to candidates for federal elected offices
    A.	FALSE.  That violates the First Amendment
    B	 TRUE.  That's the way it is
    C.	FALSE.  They are required to make time available to local candidates only
    D.	TRUE, but only in off-year elections

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Use the following scenario to answer the next series of questions

You decide to do a feature story about the new MTSU vice president for facilities maintenance (I bet you didn't even know we had a 
vice president for facilities maintenance, did you).  In the course of doing your story, you find she is very active in the Sierra 
Club, and is known in environmental groups around the state as an environmental activist.  You report, erroneously it turns out, 
that she was once cited by the Federal EPA for dumping used motor oil down the sewer.

24. She 
    A.	Sues for libel per se
    B.	Sues for invasion of privacy
    C.	Files a privacy suit based on "false light"
    D.	Files a privacy suit based on “publication of private matters”

	
25. Which of the following is true
    A.	You want to show she is a limited purpose public figure; she wants to claim she is a private citizen
    B. 	You want to claim she is a private citizen; she wants to claim she is a limited purpose public figurer
    C.	She wants to claim she is a general public figure; you want to claim she is as limited purpose public figure
    D.	You want to claim she is a general public figure; she wants to claim she is a limited purpose public figure

26. She will probably try to show negligence
    A.	True
    B.	False

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27. A person has to be named in order for them to sue you for libel
    A.	True, if they are a private citizen
    B.	False, if they are a private citizen
    C.	True, if they are a public official
    D.	False, if they are a public official
    E.	 None of the above

28. The phrase "limited purpose public figure" applies to
    A.	Libel cases
    B.	Section 315 of the Communications Act   
    C.	Section 1040A of the Freedom of Information Act   
    D.	None of the above


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Use the following answers for the next series of questions.

A.  Bethel School District v. Fraser
B.  Hazelwood v. Kuhlmeier
C.  Island Trees v, Pico
D.  Tinker v. Des Moines
E.  Westside Community Schools v. Mergens

29. The “arm bands” case

30. Schools can remove books from library shelves

31. Schools can remove books from library shelves, but must follow due process

32. Schools can ban activities that interfere with normal school operations.  And a student’s speech did interfere

33. Schools can ban activities that interfere with normal school operations.  And a student’s activities did not interfere.

34. Schools can suppress newspaper articles that officials consider inappropriate

35. Schools officials must avoid “excessive entanglement” with the establishment clause

36. Religious groups have the same rights to use school facilities as do non-religious groups.

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37. 47 USC 315 deals with
    A.	Use of a station by political candidates
    B.	Controversial programming
    C.	Personal attack rules
    D.	Sale of advertising to federal candidates

38. If Clint Eastwood decides to run for mayor of Carmel again, local television stations will not be able to show Dirty Harry, 
    The Good, the Bad and the Ugly or For a Few Dollars More.
    A.	True, according to Section 315
    B.	False, according to Section 315
    C.	True, according to Section 312
    D.	False, according to Section 312
    E.	None of the above

39. According to  _____ if your station sells time to one candidate, you must make an equal amount of time available to other 
    candidates who might want it
    A.	Section 315
    B.	Section 312
    C.	Section 328
    D.	None of the above

40. Edward Jones was portrayed in a negative way by a news report on a local television station.  He has the right to air time 
    to present his side of the story.  In other words, he is protected by the
    A.	Fairness Doctrine
    B.	Personal attack rules 
    C.	Communications Act, Section 315
    D.	Communications Act, Section 312

41. The "Personal Attack Rules" apply to
    A.	Newspapers
    B.	Broadcast
    C.	Movies
    D.	All of the above
    E.	None of the above

42. A broadcast outlet could lose its license for not allowing candidates for federal elected office to buy time for political commercials
    A.	TRUE:  It's part of the Communications Act
    B.	FALSE:  It's part of the Communications Act
    C.	TRUE:  It's part of the Fairness Doctrine
    D.	FALSE:  It's part of the Fairness Doctrine

43. 47 USC 312 deals with
    A.	Use of a station by political candidates
    B.	Controversial programming
    C.	Personal attack rules
    D.	Sale of advertising to federal candidates

44. A public official may claim libel damages from the press only if he or she can demonstrate
    A.	That his or her reputation has been damaged   
    B.	Unfair comment or criticism
    C.	Both (A) and (B)
    D.	Negligence or reckless disregard for the truth

45. The owner of a radio or television station also owns the frequency for that station.
    A.	True 
    B.	False

46. John Banzhaf is famous for
    A.	Writing A Free and Responsible Press
    B.	Getting cigarette commercials off television
    C.	His fight against censorship in 16th century England
    D.	None of the above

47. "Ascertainment of community needs" refers generally to 
    A.	Newspapers
    B.	Media conglomerates
    C.	Ad agencies
    D.	Broadcast stations  

48. WLBT is famous because 
    A.	It ignored the racial composition of its viewing audience
    B.	It is the only television station to lose its license for failure to serve the community 
    C.	It is the only television station to lose its license for running too many commercials during Saturday morning cartoons 
    D.	Both A and B
    E.	Both B and C

49. The impetus for broadcast regulation came initially from
    A.	Government
    B.	Broadcasters themselves
    C.	The public

50. Section 315 and the Fairness Doctrine are the same thing
    A.	FALSE
    B.	TRUE