Question 1

The Ninth Circuit said that the Yellow Pages were protected speech in what case?

Accepted Answer

A)  Citizens United v.FEC.
B)  Chicago Lawyer's Committee v.Craigslist.
C)  Dex Media West,Inc.v.City of Seattle.
D)  United Airlines v.Norton.
E)  Western Trad.P'ship,Inc.v.Attorney General. A

Question 2

The primary test used by courts today to review government restrictions on commercial speech was set forth in the case of:

Accepted Answer

A)  First National Bank v.Bellotti.
B)  Central Hudson Gas and Electric v.Public Service Commission.
C)  Bigelow v.Virginia.
D)  Lehman v.Shaker Heights.
E)  Valentine v.Chrestensen. B

Question 3

In Bigelow v.Virginia,the Supreme Court ruled that:

Accepted Answer

A)  commercial speech has some First Amendment protection.
B)  commercial speech has no First Amendment protection.
C)  non?commercial corporate speech is protected by the First Amendment.
D)  non-commercial corporate speech is not protected by the First Amendment.
E)  pharmacists may advertise their prescription drug prices. A

Question 4

In what 2012 case did the Supreme Court say that a Montana campaign finance regulation ran afoul of the new rules in Citizens United?

Accepted Answer

A)  Penn Advertising v.Schmoke.
B)  FEC v.Wisconsin Right to Life.
C)  First National Bank v.Bellotti.
D)  Bigelow v.Virginia.
E)  Western Trad.P'ship,Inc.v.Attorney General.

Question 5

In Chicago Lawyer's Committee v.Craigslist,a 2008 decision,the seventh circuit U.S.Court of Appeals held that:

Accepted Answer

A)  Craigslist is generally exempt from liability for the content of messages posted on its site.
B)  Craigslist is NOT exempt from liability for the content of messages posted on its site.
C)  Craigslist can be sued for libel but not copyright infringement.
D)  Craigslist can be sued for libel and invasion of privacy.
E)  Craigslist must police the content of its site.

Question 6

In 2009,the Ninth Circuit dealt a blow to what kind of electronic advertising in Satterfield v.Simon & Schuster?

Accepted Answer

A)  online.
B)  e-mail.
C)  text message.
D)  fax.
E)  cable television.

Question 7

In 44 Liquormart v.Rhode Island,the Supreme Court:

Accepted Answer

A)  upheld advertising fraud laws.
B)  upheld a ban on liquor advertising.
C)  overturned a ban on liquor price advertising.
D)  upheld Rhode Island's right to regulate liquor prices.
E)  ruled that Rhode Island cannot regulate liquor prices.

Question 8

In Int'l Dairy Foods Assoc.v.Boggs,the Sixth Circuit held that Ohio's law prohibiting what kind of milk labeling was unconstitutional?

Accepted Answer

A)  Organic.
B)  Whole.
C)  Bovine growth hormone-free.
D)  All-natural.
E)  None of these.

Question 9

The practice of detailing,used by pharmaceutical companies,was supported by the Supreme Court in what 2011 case?

Accepted Answer

A)  Sorrell v.IMS Health.
B)  FTC v.Warner-Lambert Pharmaceuticals.
C)  Penn Advertising v.Schmoke.
D)  First National Bank v.Bellotti.
E)  Altria Group v.Good.

Question 10

The Supreme Court has held that the states may not regulate airline advertising because airline regulation is federally preempted.The case:

Accepted Answer

A)  Morales v.TWA.
B)  United Airlines v.Texas.
C)  Lungren v.United Airlines.
D)  Valentine v.Chrestensen.
E)  United Airlines v.Norton.

Question 11

The Supreme Court ruled in 2005 that governments may impose a fee on all producers of a particular food commodity to pay for advertising without violating the First Amendment.The case:

Accepted Answer

A)  Johanns v.Livestock Marketing Association.
B)  U.S.v.United Foods Inc. .
C)  Glickman v.Wileman Brothers.
D)  Gerawan Farming v.Lyons.
E)  Mangini v.R.J.Reynolds Tobacco Co.

Question 12

Under the Lanham Act,victims of advertising fraud may:

Accepted Answer

A)  sue in state courts only.
B)  sue in federal courts,but only for actual damages.
C)  sue in federal courts for treble damages.
D)  sue in state and federal courts,but only for actual damages.
E)  bring complaints to the Food and Drug Administration only.

Question 13

During the late 1980s a crackdown on misleading advertising in the airline and car rental industries was launched by:

Accepted Answer

A)  the Federal Trade Commission.
B)  the Federal Aviation Administration.
C)  the Federal Consumer Protection Agency.
D)  the National Association of Attorneys General.
E)  none of these--there has been no such crackdown.

Question 14

The FTC now has the authority to:

Accepted Answer

A)  issue trade regulation rules.
B)  enter consent decrees.
C)  issue advisory guides.
D)  conduct regulatory sweeps.
E)  all of these.

Question 15

In what case did the Supreme Court say that the Federal Cigarette Labeling and Advertising Act did not preempt state law deceptive practice claims in connection with advertising cigarettes as "light"?

Accepted Answer

A)  Mangini v.R.J.Reynolds Tobacco Co. .
B)  Lorillard Tobacco v.Reilly.
C)  Penn Advertising v.Schmoke.
D)  FDA v.Brown & Williamson Tobacco.
E)  Altria Group v.Good.

Question 16

Congress passed the Family Smoking Prevention and Tobacco Control Act in 2009,allowing which federal agency to regulate tobacco advertising?

Accepted Answer

A)  Federal Communications Commission.
B)  Federal Trade Commission.
C)  Drug Enforcement Agency.
D)  Food and Drug Administration.
E)  Federal Elections Commission.

Question 17

In 2007,the Supreme Court held that corporations,labor unions and other entities have a First Amendment right to spend unrestricted money on issue ads that mention candidates by name even late in an election campaign.The case:

Accepted Answer

A)  Mangini v.R.J.Reynolds Tobacco Co. .
B)  FEC v.Wisconsin Right to Life.
C)  First National Bank v.Bellotti.
D)  Bigelow v.Virginia.
E)  McConnell v.FEC.

Question 18

The Magnuson Moss Act:

Accepted Answer

A)  authorized the FTC to issue trade regulation rules.
B)  authorized the Food and Drug Administration to regulate advertising.
C)  allowed the Department of Justice to regulate advertising for the first time.
D)  authorized the FTC to regulate advertising for the first time.
E)  banned deceptive advertising for the first time.

Question 19

What did the FTC in 2013 say that consumers think about "up to" claims in advertising (like "Save Up To 70%!")?

Accepted Answer

A)  They have no opinion on the matter.
B)  They believe that they will save below the "up to" amount.
C)  They believe that they will actually save the "up to" amount.
D)  They believe that they can save more than the "up to" amount.
E)  None of these.

Question 20

During the Federal Trade Commission's first two decades of existence,its main function was to:

Accepted Answer

A)  protect consumers from unfair business practices.
B)  protect consumers from fraudulent advertising.
C)  protect businesses from unfair practices by other businesses.
D)  protect local governments from unfair business practices.
E)  all of these.

Exam 13: Advertising and the Law