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Test your basic knowledge |
Journalism Law
Start Test
Study First
Subject
:
journalism-and-media
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
District Court
Fourteenth amendment
6th - cincinnati OH
False light
2. For purposes of defamation - a person who has thrust themself into the spotlight and has the power to gain media publicity. these individuals must prove actual malice to prevail in a libel suit
District Court
Public figure
In re Times Publishing Co.
Kincaid v. Gibson
3. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Dendrite v. John Does
Certiorari
Actual Damages
Defamation
4. Anything punishable by more than a year in jail
Felonies
Evening News Association v. Troy
Sixth amendmen
Masson v. New Yorker Magazine
5. No guarantee of immunity for media ride alongs.
R.O. v. Ithaca City School District
Wilson v. Layne
Federated Publications v. MSU Board of Trustees
Sixth amendmen
6. Incidental use of someone's image cold be an invasion of privacy or defamation.
Certiorari
Cox Broadcasting Corp. v. Cohn
Clark v. ABC
Booth Newspapers v. City of Kalamazoo
7. Truth is only a defense in privacy cases when it's in a case of _______
5 Elements of libel
False light
Milkovich v. Lorain Journal Co
Gertz v. Welch
8. Reckless disregard for the truth; knowing falsity
Actual malice
Tickets
Amicus curiae
District Court
9. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Federated Publications v. MSU Board of Trustees
New York Times v. Sullivan
Private figure
MCLA 750.520k
10. Michigan court trials have to remain open. Parts can be closed - but never all of the trial. M.C.L.A 750.520k only applies to pre-trial hearings.
Appropriation of another's likeness for commercial profit
Detroit Free Press v. Macomb Circuit Judge
Michigan Federation of Teachers v. University of Michigan
Press-Enterprise v. Superior Court in Riverside
11. Recognized first amendment right of privacy for private figures against media.
Time Inc. v. Pape
Cantrell v. Forest City Publishing
R.O. v. Ithaca City School District
Shulman v. Group W. Productions
12. The right to exploit one's name and likeness is personal to the artist and must be exercised - if at all - by him during his lifetime.' This resulted in a loss of inheriting personality rights in California.
Globe Newspapers v. Superior Court
Actual Damages
Lugosi v. Universal Pictures
Curtis Publishing v. Butts and AP v. Walker
13. Permission given by SCOTUS to allow a case to be appealed
Gannett v. DePasquale
Certiorari
Snepp v. United States
Arraignment
14. There is liability even if the news organization reports both sides - if the sources are not credible.
People of the State of Michigan v. Pastor
Harte-Hanks Communications - Inc. v. Connaughton
Booth & Ann Arbor News v. EMU Board of Regents
Certiorari
15. No liability for publishing information that was lawfully obtained.
Kincaid v. Gibson
Food Lion - Inc - v. Capital Cities/ABC
Florida Star v. B.J.F
Doctrine of neutral reportage
16. School officials can prohibit students from displaying messages that promote illegal drug use.
Philadelphia Newspapers v. Hepps
Summary judgment
Kincaid v. Gibson
Morse v. Frederick
17. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Cohen v. Cowles Media Co
District Court
Globe Newspapers v. Superior Court
Michigan Federation of Teachers v. University of Michigan
18. Michigan is in ____ district court in ____ -____
Nebraska Press Association. v. Stuart
Reporters Committee v. AT&T
6th - cincinnati OH
Fair comment
19. Upon the request of the counsel or the victim - you can order that the names of the victim and actor and details of the alleged offense be suppressed until such time as the actor is arraigned - the charge is dismissed - or the case is otherwise concl
Michigan Federation of Teachers v. University of Michigan
Time Inc. v. Pape
Doctrine of neutral reportage
MCLA 750.520k
20. (Privacy) Ex. Kim Kardashian's sex tape
Publication of private matters that violate ordinary decency
Shepherd v. Maxwell
Summary judgment
Curtis Publishing v. Butts and AP v. Walker
21. Guarantees freedoms of speech - religion - press and assembly.
Gannett v. DePasquale
5 Areas of privacy
First amendment
In re Times Publishing Co.
22. Newspapers do not have an equal time requirement like broadcast has.
Cohen v. Cowles Media Co
Freedom of information act
Miami Herald Co. v. Tornillo
Hustler Magazine v. Falwell
23. An order issued by the court to prevent attorneys and witnesses from discussing the case outside the courtroom - or reporters from publishing information obtained during a court proceeding.
Gag order
Misdemeanor
Kincaid v. Gibson
Rouch 2
24. For the purpose of defamation - a person who does not have regular - continuing access to the media - or on matters of public controversy. These individuals have a lesser burden of proof under most state libel laws.
Dendrite v. John Does
Private figure
Actual malice
Richmond Newspapers - Inc. v. Virginia
25. Institutes procedures to ensure every citizen has the right to access government documents - as well as the right to inspect and receive copies of records from state and local government bodies.
Cantrell v. Forest City Publishing
Intrusion on physical solitude
Freedom of Information Act
Farmers Education Cooperative v. WDAY
26. Words that may be innocent on face - but facts make story damaging
Time Inc. v. Firestone
Precedent
Libel Perquod
Shepherd v. Maxwell
27. NYT actual malice standard does not extend to private figures. However - it's up to the states to determine what a private figure is - and there's a new standard that says you have to prove harm and damages.
People of the State of Michigan v. Pastor
Gannett v. DePasquale
Right to publicity
Gertz v. Welch
28. Civil cases when the amount in dispute is less than $25 -000
Defamation
Right to publicity
Detroit Free Press v. Macomb Circuit Judge
Tickets
29. in an invasion of privacy tort - an action which occurs when an individual's expectation of privacy or right to be left alone is breached. EX. A reporter lies about his identity to gain access to information they couldn't under normal conditions.
Michigan Federation of Teachers v. University of Michigan
U.S. v. Dickinson
Curtis Publishing v. Butts and AP v. Walker
Intrusion on physical solitude
30. The right of an individual to a speedy trial by an impartial jury - to be informed of the changes against them - to confront witnesses - the right to have compulsory proceedings to obtain witnesses in their favor - and the right to have assistance of
MCLA 750.520k
Sixth amendmen
Evening News Association v. Troy
State News v. Michigan State University
31. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
5 Areas of privacy
Harper & Row v. Nation Enterprises
People of the State of Michigan v. Pastor
Right to publicity
32. A person vs. a person (corporation can be a person too
Cox Broadcasting Corp. v. Cohn
Any civil matter
Hazelwood v. Kuhlmeier
Tickets
33. Limited decision. Closure of preliminary hearing is unconstitutional in California because they act as mini trials to ensure defendants right to a fair trial. Unique to that state however.
Clark v. ABC
Midland Publishing Co v. District Judge
Press-Enterprise v. Superior Court in Riverside
Public figure
34. In an invasion of privacy tort - an action that characterizes a person falsely. Often the person is misrepresented by quoting out of context - the careless use of photos or cutlines - or by using a picture from one story as a picture for another.
In re Closure of Voir Dire (People v. Lawrence)
Time Inc. v. Firestone
Fourth amendment
False light
35. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
Right to publicity
Detroit Free Press - Inc. v. Oakland County Sheriff
District Court
Wilson v. Layne
36. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
False light
McIntosh v. The Detroit News
Shepherd v. Maxwell
Bradley v. Saranac Community Schools Board of Education
37. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
District Court
Gag order
Civil contempt
Defenses of libel
38. Enforced freelancer/copyright actions - and publishers who were doing more than compile the stories had to pay the reporters. Electronic publications (putting it online) makes it a new publication.
Freedom of information act
Tasini v. NYT
Amicus curiae
Gannett v. DePasquale
39. There is a First amendment right of access to trials
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40. The government cannot censor. In order to exercise prior restraint - the Government must show sufficient evidence that the publication would cause a 'grave and irreparable' danger.
New York Times v. United States
Edwards v. National Audubon Society
Intrusion on physical solitude
Time Inc. v. Firestone
41. 3rd party has no obligation to notify media when there's been a government subpoena of phone records. Also includes any form of electronic communication.
U.S. v. Dickinson
Reporters Committee v. AT&T
McCracken v. Evening News Association
Farmers Education Cooperative v. WDAY
42. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Detroit Free Press v. Macomb Circuit Judge
Preliminary hearing
Detroit Free Press v. Recorder's Court Judge
State News v. Michigan State University
43. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Freedom of Information Act
District Court
Cox Broadcasting Corp. v. Cohn
Precedent
44. The declaration of a final judgment based on the evidence presented
Adjudication
Pearson v. Dodd
Kincaid v. Gibson
District Court
45. If you get the information from outside sources - you can publish it. MCL 750.520k does not constitute an unlawful prior restraint on publication. Rather - the statute directs that the court file be withheld from the public
Herbert v. Lando
Midland Publishing Co v. District Judge
Precedent
Any civil matter
46. As long as speech was about a public official (figure) could not reasonably be construed to state actual facts about its subject - it is protected by the first amendment.
Hustler Magazine v. Falwell
Time Inc. v. Pape
MCLA 750.520k
Rouch 2
47. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
Public figure
Actual Damages
Zacchini v. Scripps-Howard Broadcasting
McCracken v. Evening News Association
48. The burden of proof imposed on public officials extends to anyone involved in a matter of public concern - regardless of whether they were famous or unknown.
Defenses of libel
Collins v. Detroit Free Press
Rosenbloom v. Metromedia
Booth Newspaper v. U of M Board of Regents
49. To claim exemption for investigative records - they must show how disclosure would interfere with proceedings. The burden of proof is on the party claiming exemption.
Summary judgment
Milkovich v. Lorain Journal Co
Rouch 2
Evening News Association v. Troy
50. Broadcasters are immune from liability if political candidates defame someone while under section 315
Rosenbloom v. Metromedia
Federated Publications v. MSU Board of Trustees
Tickets
Farmers Education Cooperative v. WDAY