JOMC 486 UNL MIDTERM EXAM STUDY
GUIDE 2026/2027 COMPLETE QUESTIONS
WITH VERIFIED CORRECT ANSWERS ||
100% GUARANTEED PASS
<NEWEST VERSION>
1. Strict Scrutiny - ANSWER ✔ the government must show the law or
regulation furthers a compelling governmental interest and is narrowly
tailored for achieving that interest
2. Strict Scrutiny (if the law being challenged affects...) - ANSWER ✔
fundamental rights or pure speech (or employs a content-based regulation of
speech)
3. Intermediate Scrutiny - ANSWER ✔ the government must show the law or
regulation serves a substantial governmental interest and directly advances
that interest
4. Intermediate Scrutiny (if the law being challenged affects...) - ANSWER ✔
nonfundamental rights or speech plus conduct (or employs a content-neutral
basis for regulating speech)
5. The rational-basis test - ANSWER ✔ the law or regulation serves a
legitimate governmental purpose and is reasonably related to that purpose
,6. The rational-basis test (if the law being challenged affects...) - ANSWER ✔
no fundamental rights, no speech issues or nonprotected speech
7. First Amendment - ANSWER ✔ Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the government for a redress of
grievances.
8. pure speech - ANSWER ✔ public speech, writing a letter, publishing a
newspaper or book
9. Appellate Review - ANSWER ✔ after a trial/hearing, the appeal to the next
level of court where the court will review the record of what happened at the
lower level. The court will not conduct a trial nor receive new evidence or
testimony
10.Actual malice must be shown when - ANSWER ✔ -a public official is the
plaintiff
-a public figure is the plaintiff
-a private plaintiff wants punitive damages
11.public official - ANSWER ✔ someone elected to office and/or having
substantial policy-making authority
12.Public figure - ANSWER ✔ A public official, movie star, or other person
known to the public because of his or her position or activities.
,13.involuntary public figure - ANSWER ✔ A person who does not seek the
spotlight but is thrust into it by circumstance, such as being the witness to a
well-publicized crime
14.general-purpose public figure - ANSWER ✔ Persons who have "assumed
roles of especial prominence" in society and have acquired such "persuasive
power and influence" as to be public figures for all occasions. (celebrities,
athletes, musicians, etc)
15.Cohen v California - ANSWER ✔ A 19-year-old man was arrested in 1968
for disturbing the peace after wearing a jacket with the words "F the Draft"
on the back. The Supreme Court reversed the decision, saying there was no
evidence of incitement of violence, obscenity, or fighting words and that the
First Amendment protects the emotive and cognitive force of speech.
16.Clark v CCNV - ANSWER ✔ A nonviolence group erected a tent city in
Lafayette Park and the National Mall to protest the treatment of homeless
people. The US Park Service would not let protestors sleep in the tents. The
Supreme Court upheld the Park Service's decision, saying they had a
substantial interest in protecting the parks, were making a content-neutral
regulation, and were narrowly drawn to prohibit only one form of conduct,
not general expression.
17.Involuntary Public Figure - ANSWER ✔ -Some individuals do not seek
publicity or consent to it but through their own conducts or otherwise have
become legitimate subjects of public interest
-They become "news"
-Those who are victims of crime, victims of catastrophes or accidents,
involved in judicial proceedings or other events that attract public attention
are regarded as properly subject to public interest
, 18.Permissible Publicity - ANSWER ✔ -Not limited to the particular events
that arouse public interest but may extend to a reasonable degree to other
information concerning the individual and their family members
-The line is drawn when the publicity ceases to be the giving of information
to which the public is entitled and becomes a morbid sensational prying into
private lives for its own sake, with which a reasonable member of the public
with decent standards would say that he had not concern
19.Elements of False Light - ANSWER ✔ -One may be liable for invasion of
privacy by false light is one that gives publicity to matters that place another
in a false light
-The false light would be highly offensive to reasonable persons
-The author or publisher acted with knowledge of falsity or reckless
disregard for falsity
20.Newsworthiness Exceptions - ANSWER ✔ -Use of a person's name of
likeness in connection with a matter of public interest is not considered
appropriation unless the use bears no real relationship to the matter of public
interest (ex: Angelina in Time Magazine)
-Use of a person's name of likeness in an advertisement promoting a
newsworthy publication is not appropriation so long as the ad merely
informs readers about the likely content of the publication and the ad does
not falsely imply that the person is endorsing the publication
21.The White Test - ANSWER ✔ -Right of publicity actions apply where
appropriation has been by means other than by using a person's name or
likeness
-Specific means of appropriation are important only for determining whether
the plaintiff's identity has been appropriated
No list of the means of appropriation can be exhaustive
GUIDE 2026/2027 COMPLETE QUESTIONS
WITH VERIFIED CORRECT ANSWERS ||
100% GUARANTEED PASS
<NEWEST VERSION>
1. Strict Scrutiny - ANSWER ✔ the government must show the law or
regulation furthers a compelling governmental interest and is narrowly
tailored for achieving that interest
2. Strict Scrutiny (if the law being challenged affects...) - ANSWER ✔
fundamental rights or pure speech (or employs a content-based regulation of
speech)
3. Intermediate Scrutiny - ANSWER ✔ the government must show the law or
regulation serves a substantial governmental interest and directly advances
that interest
4. Intermediate Scrutiny (if the law being challenged affects...) - ANSWER ✔
nonfundamental rights or speech plus conduct (or employs a content-neutral
basis for regulating speech)
5. The rational-basis test - ANSWER ✔ the law or regulation serves a
legitimate governmental purpose and is reasonably related to that purpose
,6. The rational-basis test (if the law being challenged affects...) - ANSWER ✔
no fundamental rights, no speech issues or nonprotected speech
7. First Amendment - ANSWER ✔ Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the government for a redress of
grievances.
8. pure speech - ANSWER ✔ public speech, writing a letter, publishing a
newspaper or book
9. Appellate Review - ANSWER ✔ after a trial/hearing, the appeal to the next
level of court where the court will review the record of what happened at the
lower level. The court will not conduct a trial nor receive new evidence or
testimony
10.Actual malice must be shown when - ANSWER ✔ -a public official is the
plaintiff
-a public figure is the plaintiff
-a private plaintiff wants punitive damages
11.public official - ANSWER ✔ someone elected to office and/or having
substantial policy-making authority
12.Public figure - ANSWER ✔ A public official, movie star, or other person
known to the public because of his or her position or activities.
,13.involuntary public figure - ANSWER ✔ A person who does not seek the
spotlight but is thrust into it by circumstance, such as being the witness to a
well-publicized crime
14.general-purpose public figure - ANSWER ✔ Persons who have "assumed
roles of especial prominence" in society and have acquired such "persuasive
power and influence" as to be public figures for all occasions. (celebrities,
athletes, musicians, etc)
15.Cohen v California - ANSWER ✔ A 19-year-old man was arrested in 1968
for disturbing the peace after wearing a jacket with the words "F the Draft"
on the back. The Supreme Court reversed the decision, saying there was no
evidence of incitement of violence, obscenity, or fighting words and that the
First Amendment protects the emotive and cognitive force of speech.
16.Clark v CCNV - ANSWER ✔ A nonviolence group erected a tent city in
Lafayette Park and the National Mall to protest the treatment of homeless
people. The US Park Service would not let protestors sleep in the tents. The
Supreme Court upheld the Park Service's decision, saying they had a
substantial interest in protecting the parks, were making a content-neutral
regulation, and were narrowly drawn to prohibit only one form of conduct,
not general expression.
17.Involuntary Public Figure - ANSWER ✔ -Some individuals do not seek
publicity or consent to it but through their own conducts or otherwise have
become legitimate subjects of public interest
-They become "news"
-Those who are victims of crime, victims of catastrophes or accidents,
involved in judicial proceedings or other events that attract public attention
are regarded as properly subject to public interest
, 18.Permissible Publicity - ANSWER ✔ -Not limited to the particular events
that arouse public interest but may extend to a reasonable degree to other
information concerning the individual and their family members
-The line is drawn when the publicity ceases to be the giving of information
to which the public is entitled and becomes a morbid sensational prying into
private lives for its own sake, with which a reasonable member of the public
with decent standards would say that he had not concern
19.Elements of False Light - ANSWER ✔ -One may be liable for invasion of
privacy by false light is one that gives publicity to matters that place another
in a false light
-The false light would be highly offensive to reasonable persons
-The author or publisher acted with knowledge of falsity or reckless
disregard for falsity
20.Newsworthiness Exceptions - ANSWER ✔ -Use of a person's name of
likeness in connection with a matter of public interest is not considered
appropriation unless the use bears no real relationship to the matter of public
interest (ex: Angelina in Time Magazine)
-Use of a person's name of likeness in an advertisement promoting a
newsworthy publication is not appropriation so long as the ad merely
informs readers about the likely content of the publication and the ad does
not falsely imply that the person is endorsing the publication
21.The White Test - ANSWER ✔ -Right of publicity actions apply where
appropriation has been by means other than by using a person's name or
likeness
-Specific means of appropriation are important only for determining whether
the plaintiff's identity has been appropriated
No list of the means of appropriation can be exhaustive
