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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. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Evening News Association v. Troy
Booth Newspaper v. U of M Board of Regents
Lugosi v. Universal Pictures
Milkovich v. Lorain Journal Co
2. 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.
Fair comment
Actual malice
Rouch 1
MCLA 750.520k
3. 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.
Edwards v. National Audubon Society
Gag order
Evening News Association v. Troy
Dendrite v. John Does
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.
Snepp v. United States
Booth Newspaper v. U of M Board of Regents
Gertz v. Welch
Hutchinson v. Proxmire
5. The Sixth Amendment rights of a defendant outweigh the First Amendment of the press in cases where the press can have prejudicial outcome of the defendant's trial.
Misdemeanor
6th - cincinnati OH
Tasini v. NYT
Gannett v. DePasquale
6. Series of pre trail hearings: court created devices to weed out inadmissible evidence prior to trial. Often determine bargaining of prosecution and defendant to come up with plea bargain. Most cases are ended with plea bargain and don't go to trial.
Evening News Association v. Troy
Circuit Court
Globe Newspapers v. Superior Court
Michigan Federation of Teachers v. University of Michigan
7. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.
Time Inc. v. Firestone
Snepp v. United States
In re Times Publishing Co.
Alander
8. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Michigan Federation of Teachers v. University of Michigan
Shulman v. Group W. Productions
Doctrine of neutral reportage
Florida Star v. B.J.F
9. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
Cantrell v. Forest City Publishing
Harper & Row v. Nation Enterprises
McCracken v. Evening News Association
New York Times v. United States
10. 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.
Gag order
Time Inc. v. Firestone
Cantrell v. Forest City Publishing
Zurcher v. Stanford Daily
11. 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.
WXYZ v. Hand
Detroit Free Press - Inc. v. Oakland County Sheriff
Appropriation of another's likeness for commercial profit
Tasini v. NYT
12. Newspapers do not have an equal time requirement like broadcast has.
Circuit Court
Wolston v. Readers' Digest Association
Masson v. New Yorker Magazine
Miami Herald Co. v. Tornillo
13. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
Shulman v. Group W. Productions
Libel Perquod
Amicus curiae
Publication of private matters that violate ordinary decency
14. NYT actual malice rule is extended form just public officials to include public figures
Snepp v. United States
Booth Newspaper v. U of M Board of Regents
Philadelphia Newspapers v. Hepps
Curtis Publishing v. Butts and AP v. Walker
15. Broadcasters are immune from liability if political candidates defame someone while under section 315
Farmers Education Cooperative v. WDAY
Fair comment
Alander
6th - cincinnati OH
16. Words that may be innocent on face - but facts make story damaging
Nebraska Press Association. v. Stuart
Harte-Hanks Communications - Inc. v. Connaughton
In re Times Publishing Co.
Libel Perquod
17. School officials can prohibit students from displaying messages that promote illegal drug use.
New York Times v. United States
Felonies
Pearson v. Dodd
Morse v. Frederick
18. Friend of the court.
New York Times v. Sullivan
Certiorari
Amicus curiae
Globe Newspapers v. Superior Court
19. 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.
5 Areas of privacy
Intrusion on physical solitude
Qualified privilege
Gertz v. Welch
20. Anything punishable by more than a year in jail
Felonies
New York Times v. Sullivan
Edwards v. National Audubon Society
Collins v. Detroit Free Press
21. If a publication accurately prints something from a false public record document - they cannot be sued for libel.
McIntosh v. The Detroit News
State News v. Michigan State University
False light
Sipple v. Chronicle Publishing Company
22. (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
Richmond Newspapers - Inc. v. Virginia
McCracken v. Evening News Association
Injunction
False light
23. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Actual malice
Amicus curiae
R.O. v. Ithaca City School District
Shepherd v. Maxwell
24. Prevents ISPs from liability except on copyright.
6th - cincinnati OH
False light
Dendrite v. John Does
Hazelwood v. Kuhlmeier
25. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Zacchini v. Scripps-Howard Broadcasting
Summary judgment
Booth Newspapers v. City of Kalamazoo
Libel
26. Money damages awarded to the injured party as compensation for a specific loss
Right to publicity
Actual Damages
Rosenbloom v. Metromedia
Libel Perquod
27. Publication of private matters that violate ordinary decency - 2. Intrusion on physical solitude - 3. False light - 4. Appropriation of another's likeness for commercial profit - 5. Right to publicity
5 Areas of privacy
False light
Injunction
Wolston v. Readers' Digest Association
28. Truth is only a defense in privacy cases when it's in a case of _______
Lugosi v. Universal Pictures
Hazelwood v. Kuhlmeier
False light
Herbert v. Lando
29. 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.
Hazelwood v. Kuhlmeier
Detroit Free Press - Inc. v. Oakland County Sheriff
Cohen v. Cowles Media Co
New York Times v. United States
30. 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.
Private figure
Shulman v. Group W. Productions
Certiorari
Bradley v. Saranac Community Schools Board of Education
31. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Clark v. ABC
New York Times v. Sullivan
Detroit Free Press - Inc. v. Oakland County Sheriff
Publication of private matters that violate ordinary decency
32. Criminal matters anything less than a year in jail
Misdemeanor
District Court
Reporters Committee v. AT&T
Arraignment
33. A court order preventing a person or group from doing or continuing to do a specific act.
Detroit Free Press v. Recorder's Court Judge
Injunction
Time Inc. v. Firestone
Felonies
34. 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.
Curtis Publishing v. Butts and AP v. Walker
Florida Star v. B.J.F
Reporters Committee v. AT&T
Hustler Magazine v. Falwell
35. There is liability even if the news organization reports both sides - if the sources are not credible.
District Court
Harte-Hanks Communications - Inc. v. Connaughton
Cohen v. Cowles Media Co
False light
36. 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.
Wolston v. Readers' Digest Association
Freedom of information act
Hazelwood v. Kuhlmeier
Intrusion on physical solitude
37. 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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38. 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.
Bay City Times v. City of Bay City
Intrusion on physical solitude
Zurcher v. Stanford Daily
First amendment
39. No absolute right of access to members of the media. Can be restricted within reason.
Galella v. Onassis
New York Times v. United States
Intrusion on physical solitude
Michigan Federation of Teachers v. University of Michigan
40. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Defamation
Tickets
Libel Per Se
False light
41. Even though university foundations are privately incorporated - they might be subject to comply with FOIA and OMA if the majority of funding comes from the university.
Eimann/Braun v. Soldier of Fortune Magazine
Eric Jackson v. Eastern Michigan University Foundation
Intrusion on physical solitude
McCracken v. Evening News Association
42. 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
Harper & Row v. Nation Enterprises
Time Inc. v. Hill
Right to publicity
Intrusion on physical solitude
43. 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.
Pretiral hearing
Press-Enterprise v. Superior Court in Riverside
Qualified privilege
Reporters Committee v. AT&T
44. Guarantees freedoms of speech - religion - press and assembly.
Rosenbloom v. Metromedia
Misdemeanor
5 Elements of libel
First amendment
45. First Amendment protects media to report information from official records available in open court.
Cox Broadcasting Corp. v. Cohn
Nebraska Press Association. v. Stuart
Libel
Booth Newspaper v. U of M Board of Regents
46. 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.
Freedom of information act
Alander
Gertz v. Welch
6th - cincinnati OH
47. Civil cases when the amount in dispute is less than $25 -000
Milkovich v. Lorain Journal Co
Michigan Federation of Teachers v. University of Michigan
Precedent
Tickets
48. 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
Booth & Ann Arbor News v. EMU Board of Regents
Zurcher v. Stanford Daily
Sixth amendmen
Qualified privilege
49. 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.
Amicus curiae
Summary judgment
Preliminary hearing
Right to publicity
50. 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.
Florida Star v. B.J.F
False light
Lugosi v. Universal Pictures
Cox Broadcasting Corp. v. Cohn
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