Exam II Study Guide
Chapter 6 ("Commercial Speech")I. Be able to define and explain the following concepts:
1. Editorial advertisement (New York Times v. Sullivan) (1964)
2. Central Hudson test-know thoroughly all four prongs and be able to apply the test to a real or hypothetical case
3. Reasonable fit test for prong four of Central Hudson [Board of Trustees of SUNY v. Fox (1989)]
4. Federal Trade Commission, including composition (size), authority, functions,
tenure, structure, and limits on authority
5. FTC Enforcement Options, including consent agreement or order, cease and desist order, assurance of voluntary compliance, trade regulation rules, injunctions, civil and criminal penalties, advisory opinions, industry guides, corrective advertising, affirmative disclosure and substantiation
6. FTC enforcement process (steps), including ALJ
7. Misleading (FTC definition)
8. Falsity (FTC definition)
9. Self-regulation, including NAD (BBB) and NARB
10. Puffery
11. Testimonial rules
12. National Tobacco Settlement (1998), including major restrictions on advertising
and marketing
II. Be familiar with the following cases, including the holding (ruling) of the court, the court's rationale (reasoning) for its decision, and the impact of the decision on media law:
1. Nike v. Kasky (2003)
2. Jamison v. Texas (1943)
3. Murdock v. PA (1943)
4. Watchtower Bible and Tract Society v. Village of Stratton (2002)
5. Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973)
6. Bigelow v. VA (1975)
7. Central Hudson Gas & Electric v. PSC of NYC (1980)
8. Bates v. State Bar of AZ (1978)
9. Ohralik v. Ohio State Bar (1978)
10. In re Primus (1978)
11. In re R.M.J. (1982)
12. Shapero v. KY Bar Association (1988)
13. FL Bar Association v. Went for It (1995)
14. Edenfield v. Fane (1992)
15. Thompson v. Western States Medical Center (2002)
16. Rubin v. Coors (1995)
17. 44 Liquor Mart v. Racine (1996)
18. Glickman v. Wileman Brothers (1997)
19. U.S. v. United Foods (2001)
20. Johanns v. Livestock Marketing Association (2001)
21. Lorillard Tobacco Co v. Reilly (2001)
Chapter 7 ("Electronic Mass Media and Telecommunications")
I. Be able to define and explain the following terms and concepts:
1. Federal Communications Commission, including composition (size), authority, tenure, chair, structure and limits on authority
2. Limited public resource
3. "Must carry"
4. Telecommunications Act of 1996, including major provisions
5. LPTV v. FPTV
6. Political Broadcast Policy Provisions, including major rules, requirements, exemptions and enforcement (including federal v. state and local candidates) (Sections 312 and 315)
7. Aspen rulings on political debates
8. Lowest unit change
9. Censorship of Political Broadcasting
10. Political Editorial Rules and Personal Attack Rules, including current status
11. Fairness Doctrine, including current status
12. Foreign ownership
13. Safe harbor provisions
14. TV ratings system
15. February 17, 2009
16. FCC indecency guidelines and actions
17. Current status of proposed FCC ownership rules
18. Payola
II. Be familiar with the following cases, including the holding (ruling) of the court, the court's rationale (reasoning) for its decision, and the impact of the decision on media law.
1. Turner Broadcasting v. FCC (1997)
2. RTNDA v. FCC (2000)
3. Arkansas Educational TV Commission v. Forbes (1998)
4. Fox TV v. FCC (2007)
5. U.S. v. Playboy Entertainment Group (2000)
Chapter 8 ("Libel")
I. Be able to define and explain the following terms and concepts:
1. Libel v. slander
2. Default judgment
3. Damages
4. Libel per se v. libel per quod
5. Elements of libel
6. Colloquium
7. "Veggie libel," including status in GA and Oprah Winfrey case
8. Trade libel
9. Negligence v. actual malice
10. Libel defenses, including truth, privilege (absolute v. qualified), consent, and statute of limitations (including GA)
11. "Wire Service Defense," including GA status
12. Neutral reportage, including GA status
13. Libel proof plaintiffs
14. Correction/retraction, including GA requirements
15. Innocent Construction Rule
16. Damages--actual general, special, nominal and punitive
17. Opinion protection
18. Incremental Harm Doctrine
19. Criminal libel, including GA status
20. De novo review
21. Communications Decency Act "Good Samaritan" provision
II. Be familiar with the following cases, including the holding (ruling) of the court, the court's rationale (reasoning) for its decision, and the impact of the decision on media law:
1. Ayash v. Dana- Farber Institute (2005)
2. Cincinnati Enquirer out of court settlement (1998)
3. Hustler v. Falwell (1988)
4. New York Times v. Sullivan (1964)
5. Gertz v. Welch (1974)
6. Jewell v. Cox Newspapers (2001)
7. Edwards v. National Audubon Society (1977)
8. BMW of North America v. Gore (1996), including 3 guide posts
9. State Farm Mutual v. Campbell (2003)
Be sure to read and be familiar with the content in the following handouts from class:
1. "Plan Would Ease F.C.C. Restriction on Media Owners"
2. "F.C.C. Set to End Sole Cable Deals for Apartments"
3. "Radio Broadcasters Agree to $12.5 Million Fine Over Payoffs"
4. "Digital TV Basics"
5. "Boston Globe Loses Appeal in $2 Million Libel Suit"
6. "Annual Study of Media Trials Analyzes 14 Trials in 2006"
7. "MLRC Study Shows That Defendants Win 78.3 of summary Judgment Motions"
8. "Richard A. Jewell, 44, Hero of Atlanta Bombing"