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Test your basic knowledge |
Journalism Law
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Subject
:
journalism-and-media
Instructions:
Answer 50 questions in 15 minutes.
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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. Prevents ISPs from liability except on copyright.
Bay City Times v. City of Bay City
Press-Enterprise v. Superior Court in Riverside
Dendrite v. John Does
Snepp v. United States
2. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Pearson v. Dodd
Amicus curiae
Bradley v. Saranac Community Schools Board of Education
Branzburg v. Hayes
3. There is liability even if the news organization reports both sides - if the sources are not credible.
New York Times v. Sullivan
Appropriation of another's likeness for commercial profit
Harte-Hanks Communications - Inc. v. Connaughton
Eric Jackson v. Eastern Michigan University Foundation
4. The OMA does not allow public bodies to bypass the law by closing meetings or doing round robin phone calls. universities are not exempt from FOIA in cases of public records.
Freedom of Information Act
Harper & Row v. Nation Enterprises
Booth Newspaper v. U of M Board of Regents
Evening News Association v. Troy
5. In an invasion of privacy tort - the right an individual has to profit from their likeness - or to prevent others from gaining value for their own commercial benefit
Right to publicity
Detroit Free Press - Inc. v. Oakland County Sheriff
A.Z. v. Jane Doe
Cox Broadcasting Corp. v. Cohn
6. A proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.
Zurcher v. Stanford Daily
Bradley v. Saranac Community Schools Board of Education
Detroit Free Press v. Macomb Circuit Judge
McCracken v. Evening News Association
7. A court order preventing a person or group from doing or continuing to do a specific act.
Harte-Hanks Communications - Inc. v. Connaughton
Misdemeanor
Injunction
Intrusion on physical solitude
8. The media must make sure that permission is acquired in commercial situations.
False light
Libel Per Se
Cox Broadcasting Corp. v. Cohn
Zacchini v. Scripps-Howard Broadcasting
9. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.
Bradley v. Saranac Community Schools Board of Education
Nebraska Press Association. v. Stuart
Amicus curiae
WXYZ v. Hand
10. There is a first amendment right of access to the public to cover and attend trials.
Eimann/Braun v. Soldier of Fortune Magazine
Publication of private matters that violate ordinary decency
Time Inc. v. Firestone
Richmond Newspapers - Inc. v. Virginia
11. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Qualified privilege
Defenses of libel
Preliminary hearing
District Court
12. If the information is lawfully obtained - the defendant can't be held in contempt of court.
Private figure
Right to publicity
False light
In re Times Publishing Co.
13. Guarantees freedoms of speech - religion - press and assembly.
Actual Damages
MCLA 750.520k
First amendment
5 Areas of privacy
14. Police have to disclose incident report records. Do have to keep submitting FOIAs.
Michigan Federation of Teachers v. University of Michigan
First amendment
Circuit Court
State News v. Michigan State University
15. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating an educational purpose.
Arraignment
Hazelwood v. Kuhlmeier
Libel Per Se
Dendrite v. John Does
16. 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.
Libel
Irreparable harm
Rosenbloom v. Metromedia
McCracken v. Evening News Association
17. 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.
Appropriation of another's likeness for commercial profit
Shulman v. Group W. Productions
People of the State of Michigan v. Pastor
Hustler Magazine v. Falwell
18. 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.
Injunction
Zacchini v. Scripps-Howard Broadcasting
Press-Enterprise v. Superior Court in Riverside
Precedent
19. In Michigan - booking photos are available to the public.
Kincaid v. Gibson
Gertz v. Welch
Fourteenth amendment
Detroit Free Press - Inc. v. Oakland County Sheriff
20. Spoken defamation which causes injury to a person's reputation
Edwards v. National Audubon Society
In re Times Publishing Co.
Alander
A.Z. v. Jane Doe
21. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
State News v. Michigan State University
Bradley v. Saranac Community Schools Board of Education
Shepherd v. Maxwell
Kincaid v. Gibson
22. A form of qualified privilege which gives the media the right to publish articles as long as opinions are based on relevent facts. These aretiles include opinion - columns - editorials - book reviews - movie reviews - etc.
Reporters Committee v. AT&T
Rouch 2
Wolston v. Readers' Digest Association
Fair comment
23. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
New York Times v. United States
Farmers Education Cooperative v. WDAY
Defamation
Dendrite v. John Does
24. A judgment made by the court before or during a trial. This judgment is in repsonse to a motion by the plaintiff or defendant - who claims there is not enough evidence or there is no dispute that the information given is fact.
Pearson v. Dodd
Summary judgment
Public figure
Zacchini v. Scripps-Howard Broadcasting
25. The speech and debate clause only covers members of congress within the halls of congress - not outside of it. I.E. press releases - speeches - etc.
Civil contempt
Hutchinson v. Proxmire
Circuit Court
Publication of private matters that violate ordinary decency
26. 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
Freedom of Information Act
Harte-Hanks Communications - Inc. v. Connaughton
Midland Publishing Co v. District Judge
Circuit Court
27. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
False light
Rouch 2
Booth Newspapers v. City of Kalamazoo
Sipple v. Chronicle Publishing Company
28. Requires certain information held by various federal and state agencies to be made available to the public unless the information falls under one of the exemptions.
Press-Enterprise v. Superior Court in Riverside
Jurisdiction
Freedom of information act
Houchins v. KQED Inc.
29. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Fair comment
WXYZ v. Hand
Eric Jackson v. Eastern Michigan University Foundation
Harper & Row v. Nation Enterprises
30. 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.
6th - cincinnati OH
Detroit Free Press v. Macomb Circuit Judge
Eric Jackson v. Eastern Michigan University Foundation
Herbert v. Lando
31. 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
Food Lion - Inc - v. Capital Cities/ABC
Branzburg v. Hayes
Booth & Ann Arbor News v. EMU Board of Regents
Sixth amendmen
32. (Privacy) Ex. Kim Kardashian's sex tape
Publication of private matters that violate ordinary decency
New York Times v. United States
Fourteenth amendment
Branzburg v. Hayes
33. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
New York Times v. Sullivan
Harper & Row v. Nation Enterprises
Kincaid v. Gibson
Globe Newspapers v. Superior Court
34. No guarantee of immunity for media ride alongs.
Doctrine of neutral reportage
Food Lion - Inc - v. Capital Cities/ABC
Fair comment
Wilson v. Layne
35. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
Nebraska Press Association. v. Stuart
Qualified privilege
Michigan Federation of Teachers v. University of Michigan
U.S. v. Dickinson
36. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating it is lewd - indecent or offensive - or have legitimate pedagogical concerns.
Houchins v. KQED Inc.
McIntosh v. The Detroit News
R.O. v. Ithaca City School District
Eimann/Braun v. Soldier of Fortune Magazine
37. If you knowingly run ads that advocate criminal activity - you can be held liable. Got off on the first case - but on the second case they should have known better.
Detroit Free Press - Inc. v. Oakland County Sheriff
Eimann/Braun v. Soldier of Fortune Magazine
Private figure
R.O. v. Ithaca City School District
38. Money damages awarded to the injured party as compensation for a specific loss
Miami Herald Co. v. Tornillo
Federated Publications v. MSU Board of Trustees
Actual Damages
In re Closure of Voir Dire (People v. Lawrence)
39. Minor errors do not count as actual malice.
Publication of private matters that violate ordinary decency
District Court
Fourteenth amendment
Time Inc. v. Pape
40. Broadcasters are immune from liability if political candidates defame someone while under section 315
Farmers Education Cooperative v. WDAY
MCLA 750.520k
Morse v. Frederick
Fourth amendment
41. 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.
Libel Perquod
False light
Summary judgment
Globe Newspapers v. Superior Court
42. 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.
Intrusion on physical solitude
Detroit Free Press - Inc. v. Oakland County Sheriff
Gag order
Freedom of information act
43. No liability for publishing information that was lawfully obtained.
Fourteenth amendment
Booth & Ann Arbor News v. EMU Board of Regents
Lugosi v. Universal Pictures
Florida Star v. B.J.F
44. 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. Sullivan
New York Times v. United States
Detroit Free Press v. Macomb Circuit Judge
Alander
45. If a publication accurately prints something from a false public record document - they cannot be sued for libel.
McIntosh v. The Detroit News
In re Times Publishing Co.
First amendment
Food Lion - Inc - v. Capital Cities/ABC
46. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'
Food Lion - Inc - v. Capital Cities/ABC
Irreparable harm
Harper & Row v. Nation Enterprises
Houchins v. KQED Inc.
47. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.
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48. (Privacy)a. Very close to libel - If you're a public official/figure you have the actual malice rule - Portraying someone in a lie - Truth is a defense - Consent is a defense - Public newsworthy event is okay
Freedom of information act
False light
Masson v. New Yorker Magazine
Right to publicity
49. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Circuit Court
Fair comment
Shepherd v. Maxwell
Freedom of information act
50. Reading of the charges against a person
Publication of private matters that violate ordinary decency
Clark v. ABC
Arraignment
5 Elements of libel
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