Exam 3: Methods of Control

The 1969 case establishing that broadcasters can be required to broadcast opposing views on public issues.

Why do press advocates fear that a prosecution of WikiLeaks founder Julian Assange for violating the Espionage Act will chill journalism?

What is the definition of the following term: -Injunction

Although the U.S. Supreme Court has said that the media may be liable for publishing confidential government information, the media has never been successfully prosecuted for violating the Espionage Act.

The federal government and 45 states have laws preventing criminals from profiting from the sale of their memoirs.

The 1931 case in which the U.S. Supreme Court established the presumption that prior restraints are unconstitutional, but acknowledged that prior restraints might be permissible in wartime to bar expression harmful to the safety of troops.

The government's authority to revoke or not renew a broadcast license for programming-related reasons is similar to the government's power to control newspaper publishing.

In the Bartnicki and Florida Star cases, the U.S. Supreme Court held that a journalist's mere receipt of information from a source is lawful, even when the source obtains the information illegally or is not supposed to disclose it.

In which of the following did the U.S. Supreme Court find a content-neutral law banning residential yard signs to be unconstitutional?

The 1952 case invalidating a state film-licensing statute and establishing that motion pictures are a constitutionally-protected form of expression.

The 1968 case in which the U.S. Supreme Court ruled constitutional a federal statute protecting draft cards.

Which of the following is a content-neutral law?

Although content-based restrictions will generally be subjected to strict scrutiny by courts, content-neutral restrictions are subjected to a less rigorous ad hoc balancing process.

Even though local governments have the legal authority to license films, they no longer do so.

In Los Angeles v. Preferred Communications, the U.S. Supreme Court ruled that cable-franchising decisions by local governments are exempt from First Amendment scrutiny.

In New York Times v. United States, the U.S. Supreme Court ruled that the injunction at issue was unconstitutional but provided little guidance about when injunctions in other cases might be constitutional.

In 2009, the validity of prepublication agreements was emphasized by the Second Circuit in a case involving CIA operative Valerie Plame's authorship of a memoir.

In 2019, former national security officials filed suit challenging the government's prepublication review process under the First Amendment, claiming the ambiguous and vague standards place too much discretionary power in reviewing officials who can discriminate against low-ranking critics, while quickly clearing favorable material by senior officials. The case was dismissed by a district court, and the Fourth Circuit affirmed in 2021, drawing on Snepp for the conclusion that the plaintiffs voluntarily signed the agreements and therefore knowingly waived their First Amendment rights.

The unsuccessful 1942 attempt by the Roosevelt administration to get a grand jury to indict the Chicago Tribune for its coverage of the Battle of Midway serves as a powerful reminder to government officials of the obstacles to punishing the press for disclosure of classified information.

The draft card law at issue in United States v. O'Brien was content neutral because it did not single out public protestors but applied to all men who destroyed their draft cards.