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Mass Media Law, 13/e
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Multiple Choice
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Regulation of Advertising
Multiple Choice Quiz
1
In
Bigelow v. Virginia
(1975), the U.S. Supreme Court:
A)
Said some advertising deserves First Amendment protection.
B)
Said advertising does not deserve First Amendment protection.
C)
Said all advertising deserves First Amendment protection.
D)
Said advertising could be protected by state constitutions.
2
According to
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations
(1973), help wanted ads:
A)
May specify the gender of applicants but not the race.
B)
May only specify the race of applicants when the firm seeks to hire minorities.
C)
May not specify the race or gender of applicants.
D)
May not specify the race or gender of applicants unless it is pertinent to the job qualifications.
3
When it comes to advertising services:
A)
The Court treats professional services such as medicine and law differently than trade services such as plumbing or electrical repair.
B)
The Court treats all service advertising the same under the "equal protection" doctrine.
C)
The Court forbids any solicitation of services by professionals.
D)
A and C are correct.
E)
B and C are correct.
4
The commercial speech doctrine:
A)
Provides a qualified or limited First Amendment protection.
B)
Has been well established for over 50 years.
C)
Was rejected completely by the current Supreme Court.
D)
Enjoys the full support of a unanimous Supreme Court.
5
The "reasonable fit" element of the commercial speech doctrine:
A)
Provides more freedom to advertisers than did the old "least restrictive means" test.
B)
Means that a regulation must be narrowly tailored.
C)
Precludes specific regulations when less extensive means for regulation are available.
D)
A and C are correct.
6
Self-regulation within the advertising industry:
A)
Is designed to provide a mechanism for consumers to challenge deceptive ads.
B)
Is designed to provide a mechanism for advertisers to challenge each other's practices.
C)
Provides no mechanism for anyone to challenge misleading commercials.
D)
Both A and B are correct.
7
The NAD, which can hear complaints about deceptive advertising:
A)
Has the authority to make binding decisions.
B)
Only hears complaints about local advertising.
C)
May refer complaints to the Federal Trade Commission.
D)
Sometimes files suits against advertisers in federal court.
8
The Lanham Act:
A)
Has not been modified in more than 50 years.
B)
Makes false or misleading advertising subject to civil damages.
C)
Prohibits one advertiser from making false claims about its competitor's products.
D)
A and C are correct.
E)
B and C are correct.
9
Consumers who wish to sue advertisers under the Lanham Act:
A)
Are able to receive very large damage awards.
B)
Can sue in any jurisdiction in which the product in question is advertised.
C)
Have been denied standing in some jurisdictions by the federal courts and have been granted standing by the federal courts in other jurisdictions.
D)
Have been denied standing in all federal jurisdictions.
10
As the federal government relaxed its policing of advertising claims in the 1980s and 1990s:
A)
Individual states found themselves with no means to pick up the slack.
B)
State attorneys general and local prosecutors concentrated on prosecuting misleading advertising rather than on violent crime.
C)
"Printer's Ink" type statutes provided no relief.
D)
States such as New York, California and Texas brought successful suits to take up the slack.
11
The Federal Trade Commission:
A)
Is the single federal agency empowered to deal with misleading advertising.
B)
Was created to police unfair methods of business competition.
C)
Has the power to act against all unfair and deceptive acts in commerce, whether or not they affect competition.
D)
Has always, as an independent agency, remained above the political winds of time.
E)
B and C are correct.
12
Which of the following is not a part of the FTC's definition of false advertising?
A)
There must be a representation, omission or practice that is likely to mislead the consumer.
B)
The act or practice must be considered from the perspective of a consumer who is acting reasonably.
C)
The representation, omission or practice must be immaterial.
D)
All of the above are a part of the FTC's definition.
13
A false advertising suit against a company:
A)
Often leads to a drop in the value of the company's stock.
B)
Often leads to lost sales to consumers.
C)
Usually has no effect whatsoever upon profits.
D)
A and B are correct.
14
What did
Federal Trade Commission v. Maher
(1998) help establish?
A)
Website advertising is considered different from advertising in traditional media.
B)
Advertising in e-mail is considered different from advertising in traditional mail.
C)
Online advertising will be held to the same standards as advertising in traditional media.
D)
A and B.
15
According to FTC rules regarding testimonials:
A)
Experts who endorse products must have the expertise to evaluate the products.
B)
A celebrity endorser must be a bona fide user of the product at the time of endorsement.
C)
An endorser cannot make any statement about a product that an advertiser cannot make.
D)
All of the above are correct.
2003 McGraw-Hill Higher Education
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