Question 1

The U.S.Supreme Court has defined motion pictures as free speech since 1915.

Accepted Answer

The U.S. Supreme Court did not recognize motion pictures as a form of free speech protected under the First Amendment until the 1952 decision in Joseph Burstyn, Inc. v. Wilson. Prior to this, the 1915 decision in Mutual Film Corporation v. Industrial Commission of Ohio held that motion pictures were a business, not a form of free speech, and thus not protected under the First Amendment.

Question 2

Only after the Sedition Act expired in 1801 did Americans broadly support the idea of a free press.

Accepted Answer

The Sedition Act was widely criticized for violating First Amendment rights to free speech and press, and its expiration led to a newfound appreciation for the importance of a free press in ensuring a healthy democracy.

Question 3

Defamation that is broadcast is considered slander because it is spoken rather than written.

Accepted Answer

Defamation that is broadcast is considered libel because it is published through a medium that gives it a permanent form, similar to written defamation, rather than being transient like spoken words.

Question 4

The Supreme Court has defined censorship as prior restraint of speech.

Accepted Answer

The Supreme Court has indeed defined censorship as prior restraint of speech, meaning restricting or preventing the expression of ideas before they are actually expressed.

Question 5

The United States follows a libertarian model of free expression and free press.

Accepted Answer

The United States follows a model that protects free expression and free press under the First Amendment, but it is not purely libertarian. The model includes certain restrictions, such as limitations on obscenity, defamation, and incitement to violence.

Question 6

Parodies and insults of public figures are protected from libel suits unless the statements cause undue emotional pain.

Accepted Answer

Parodies and insults of public figures are protected under the principle of free speech, especially in contexts like satire, as long as they are not presented as factual. However, the standard for libel involves proving the statement was made with actual malice and was false, not causing emotional pain.

Question 7

Libel is a right guaranteed by the First Amendment.

Accepted Answer

Libel is not a right guaranteed by the First Amendment. The First Amendment guarantees freedom of speech and of the press, but these freedoms are not absolute and do not protect individuals or organizations from being sued for libel or defamation.

Question 8

The Miller v.California case established a national standard for obscenity that is the same for all communities in the United States.

Accepted Answer

The Miller v. California case established a three-pronged test to determine whether material is obscene, but it did not establish a national standard. Rather, each community can apply the test to determine what is obscene within their own community standards.

Question 9

The Sedition Act strengthened First Amendment protections for citizens.

Accepted Answer

The Sedition Act actually weakened First Amendment protections by making it a crime to speak or write negatively about the government, which limited freedom of speech and the press.

Question 10

Most of the world's population now lives in countries where the press is free.

Accepted Answer

As of the latest reports, a significant portion of the world's population lives in countries where the press is not considered free, facing censorship, legal restrictions, and other forms of suppression.

Question 11

If a soon-to-be-released article seems to violate libel or obscenity laws, most U.S.courts would act to stop publication.

Accepted Answer

In the United States, courts cannot act to stop publication unless the article in question reveals classified information, violates copyright or trademark law, or poses a national security threat. Libel and obscenity laws are civil matters and can only be addressed through a lawsuit after publication.

Question 12

Appropriating a writer's or artist's words or music without consent or payment is a form of expression that is not protected as speech.

Accepted Answer

Appropriating someone else's work without their permission or payment is considered plagiarism or copyright infringement, and is not protected as free speech under the First Amendment. It is a violation of the author or artist's rights to their own work.

Question 13

Movies released in the United States are required by federal law to be labeled with an MPAA movie rating.

Accepted Answer

The Motion Picture Association (MPA) movie rating system is voluntary and not mandated by federal law. It is an industry-created system designed to inform parents about the suitability of films for children.

Question 14

There is no federal shield law for journalists in the United States.

Accepted Answer

Although some states have their own shield laws, there is currently no federal shield law protecting journalists from being forced to reveal their sources or confidential information in court.

Question 15

Public speech that causes someone damage or actual injury is libelous, even if the speech in question is true.

Accepted Answer

Libel refers to written or published defamatory statements, while slander refers to spoken defamatory statements. Truth is a defense against defamation (including libel and slander) in many jurisdictions, meaning if the statement is true, it typically cannot be considered libelous.

Question 16

Reporters need to be careful about printing accusations made by attorneys in a court of law in case a suspect is later found "not guilty."

Accepted Answer

The answer of Reporters need to be careful about printing...

Question 17

For the first half of the twentieth century, local and state film review boards were considered constitutional.

Accepted Answer

Local and state film review boards were considered constitutional until the Supreme Court case of Joseph Burstyn, Inc. v. Wilson (1952), which recognized motion pictures as a form of artistic expression protected by the First Amendment.

Question 18

Students who quote and cite a copyrighted source in a term paper for class are technically violating the law.

Accepted Answer

Quoting and citing copyrighted sources in a term paper for class purposes generally falls under fair use, which allows limited use of copyrighted material without permission from the copyright holder.

Question 19

In 1912, federal law outlawed the transportation of boxing movies across state lines-not because they were violent, but because there had been a black heavyweight boxing champion since 1908.

Accepted Answer

The law was indeed influenced by racial discrimination, particularly aimed at limiting the public visibility of Jack Johnson, the first African American world heavyweight boxing champion (1908-1915), whose victories challenged racial norms of the time.

Question 20

Ordinary citizens have more privacy protection under U.S.law than politicians or other public figures.

Accepted Answer

Ordinary citizens generally have more privacy protection under U.S. law because public figures, including politicians, have a lower expectation of privacy due to their roles in public life, making it easier for the press and others to report on their activities without violating privacy laws.

Quiz 16: Legal Controls and Freedom of Expression