Privacy
The context in which appropriation cases usually arise.
What is commercial (ads, merchandise, etc.)?
Despite Citizens United, the amount of money a corporation or union can give directly to a federal candidate's campaign.
What is zero?
Where a material statement or omission is made that is likely to mislead a reasonable consumer.
What is deception?
Lifetime plus 70 years.
What is the duration of an individual's copyright?
For FOIA, 20 days.
What is the length of time the government has to respond to a request?
Requires a highly offensive invasion of a place where someone has a reasonable expectation of privacy.
What is intrusion?
The amount of money an individual can donate annually to a Super PAC.
What is unlimited?
This type of speech is treated somewhere between the most protected forms of speech and unprotected speech.
What is commercial speech?
The two requirements needed to show copyright infringement.
What are access and substantial similarity?
This case found a limited right for the press and public to attend criminal trials in the First Amendment.
What is Richmond Newspapers Inc v. Virginia?
This tort requires publicizing a highly offensive depiction of someone in an untrue manner and requires a showing of fault.
What is false light?
The two primary regulations the FCC places on broadcasters regarding campaign/political speech.
What are Reasonable Access and Equal Opportunity (or Equal Time)?
These rules require that employment, relationships, and payments be disclosed to consumers, even in character-limited social media contexts.
What are the FTC's Endorsement Guidelines?
Required where you want to sue for copyright infringement in federal court.
What is registration (of your copyright)?
The most common remedy/action used by the FTC once an ad has aired that they think is deceptive, which is often agreed to by advertisers.
What is a consent decree?
A term, left to a jury to measure, which a private facts plaintiff must show in addition to showing that private information, not of legitimate public concern, has been widely publicized.
What is "highly offensive to a reasonable person?"
Ads or promotional materials that may oppose or support issues or candidates but are not coordinated with the candidate.
What are independent ads?
The case that established that even price information, as purely commercial speech, had value to consumers worthy of some level of constitutional protection.
What is VA State Board of Pharmacy v. VA Citizens Consumer Council?
Generally, the owner of works created in the course of employment.
Who is the employer?
A type of programming that contains restrictions on the amount, and content, of commercial advertising that can be televised during it.
What is children's programming?
The case which found that even where remarks were highly offensive, the fact that they were outrageous and unbelievable meant that a public figure couldn't prove intentional infliction of emotional distress.
What is Hustler Magazine v. Falwell?
Section of the tax code describing an organization that allows corporate donors to avoid disclosing their contributions to SuperPACs
What is 26 USC 501(c)(4)?
Whether the regulation is more extensive than necessary.
What is the fourth prong of the Central Hudson test?
Looks at whether the use is commercial, educational, transformative, for research or for parody.
What is the Purpose prong of the Fair Use Test?
This case held that gagging the press from reporting on what they hear at a trial is presumptively unconstitutional.
What is Nebraska Press Assoc. v. Stuart?