Chapter 13: Legal Controls and Freedom of Expression
True/False
1. Print and broadcast media are treated equally under the First Amendment.
2. The U.S. Supreme Court has defined censorship as prior restraint of speech.
3. Newspapers are not required by law to give individuals an opportunity to reply to an editorial
attack.
4. Broadcasters are no longer legally required to provide competing points of view when airing
programs about controversial issues.
5. Defamation that is broadcast is considered slander because it is spoken rather than written. (F)
6. Parodies and insults of public figures are protected from libel suits unless the statements cause
undue emotional pain.
7. One of the purposes of privacy laws is to prevent unauthorized use of a person’s name or
likeness for commercial gain.
8. The Miller v. California case established a national standard for obscenity that is the same for
all communities in the United States.
9. 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.
10. If a soon-to–be-released article seems to violate libel or obscenity laws, most U.S. courts would
act to stop publication.
11. Currently, both print journalists and broadcasters need federal licenses to operate their
businesses.
12. According to the 1934 Communications Act, broadcast stations must provide equal
opportunities and response time for qualified political candidates.
13. The Internet is subject to the Communications Act of 1934.
14. The U.S. Supreme Court ruled that the Federal Communications Commission (FCC) cannot ban
indecent programming on the radio from 6 a.m. to 10 p.m.
15. For the first half of the twentieth century, local and state film review boards were considered
constitutional.
16. The United States follows a libertarian model of free expression and free press.
17. 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.
18. According to twentieth-century U.S. Supreme Court decisions, the print media have received
First Amendment protections that are not always granted to broadcast media.
19. Motion pictures have been defined as free speech by the U.S. Supreme Court since 1915.
20. Students who quote and cite a copyrighted source in a term paper for class are technically
violating the law.
21. When the movie rating system first developed in the late 1960s, the G, PG, PG–13, R, X, and
NC-17 ratings were all developed at that time and put immediately into place.
23. Public speech that causes someone damage or actual injury is libelous, even if the speech in
question is true.
24. Movies released in the United States are required by federal law to be labeled with an MPAA
movie rating.
25. Charles T. Schenck was found guilty of violating the Sedition Act.
26. The Progressive magazine decision involved prior restraint of a publication about building a
nuclear weapon.
27. As it was originally ratified by the states in 1788, the U.S. Constitution did not include a
guarantee of freedom of the press.
28. It is harder for a private citizen to win a libel suit than for a public figure to win a libel suit.
29. There is no federal shield law for journalists in the United States.
30. The Sedition Act of 1798 ended up solidifying American support of a free press.
Multiple Choice
Note: The correct answer is asterisked.
31. Which model of the press is most often associated with today’s mainstream U.S. news media?
32. In the Progressive magazine case, a federal district court took a course of action based on
concern that the magazine would publish
33. The Pentagon Papers case involved which legal concern?
34. Prosecutors can legally accuse defendants of crimes in court because of which exception?
35. A written or broadcast expression that defames someone’s character is
36. Private individuals must prove falsehood, damages, and negligence to win which kind of case?
37. In 1912, in the first type of national action limiting the film industry, the U.S. government
banned the interstate commerce of these kinds of films.
38. In the Mutual v. Ohio (1915) decision, the U.S. Supreme Court ruled that film was
39. Which model of expression tolerates all forms of speech, including pornography?
40. Which choice is not part of the legal definition of obscenity?
41. What type of information is WikiLeaks famous for publishing?
42. Section 315 of the 1934 Communications Act requires broadcast stations to
43. What is Areopagitica?
44. The ____________________ case in 1951 determined that film should be protected as a form of
free speech.
45. The U.S. movie rating system is an example of
46. China operates under which model of the press?
47. The U.S. Supreme Court sided with Larry Flynt in his case against Jerry Falwell because
48. The Child Online Protection Act
Fill in the Blank
49. Charles T. Schenck was found guilty of violating the _______________ Act.
50. The _____________ is the agency that regulates broadcasting in the United States.
51. In libel law, ______________ refers to a reckless disregard for the truth, such as when a
52. The _______________ model for journalism and speech tolerates little public dissent or
criticism of government.
53. The ___________________ model for journalism and speech encourages vigorous government
criticism and supports the highest degree of freedom for individual speech and news operations.
54. When a copyright period expires, the work is said to enter the ________________.
55. Under the ________ model for journalism, the government controls the press and what it
reports.
56. Repealed in 1987, the ___________ Doctrine required broadcast stations to both air and engage
in programs about controversial issues that affected their communities and, when offering such
programming, to provide competing points of view.
57. The ___________ Estate is the notion that the press operates as an unofficial branch of
government, monitoring the legislative, judicial, and executive branches for abuses of power.
Matching
Select from the following list of terms to match the questions with the best answer. You may use a
term once, more than once, or not at all.
A. Copyright
B. Fair use
C. Libel
D. Absolute privilege
E. Censorship
58. Private individuals must prove falsehood, damages, and negligence to win this kind of case.
59. This kind of law protects the work of authors and producers from unauthorized use.
60. Parody versions of songs, such as “Pretty Woman” by 2 Live Crew, are legal because of this
exception.
61. Prosecutors can legally accuse defendants of crimes in court because of this exception.
62. The Pentagon Papers case involved this legal concern.
Essay
63. Explain the philosophical underpinnings of the First Amendment.
64. How has censorship been defined historically?
65. Why is the case of New York Times v. Sullivan so significant in First Amendment history?
66. Name and briefly explain at least three of the legal limitations on free speech.
67. Explain the significance of the Sedition Act of 1798 in terms of America supporting the idea of
a free press.