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Test your basic knowledge |
Journalism Law
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Study First
Subject
:
journalism-and-media
Instructions:
Answer 50 questions in 15 minutes.
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study here
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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. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Curtis Publishing v. Butts and AP v. Walker
Felonies
Booth Newspaper v. U of M Board of Regents
Booth Newspapers v. City of Kalamazoo
2. 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.
State News v. Michigan State University
Hazelwood v. Kuhlmeier
Reporters Committee v. AT&T
R.O. v. Ithaca City School District
3. Broadcasters are immune from liability if political candidates defame someone while under section 315
Cohen v. Cowles Media Co
Nebraska Press Association. v. Stuart
Food Lion - Inc - v. Capital Cities/ABC
Farmers Education Cooperative v. WDAY
4. If you obtain material from a third party illegally - media are still protected and can publish.
Detroit Free Press v. Macomb Circuit Judge
Gertz v. Welch
Publication of private matters that violate ordinary decency
Pearson v. Dodd
5. 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.
Kincaid v. Gibson
False light
Lugosi v. Universal Pictures
Hutchinson v. Proxmire
6. 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.
False light
Press-Enterprise v. Superior Court in Riverside
Right to publicity
Preliminary hearing
7. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Rouch 2
District Court
People of the State of Michigan v. Pastor
Bay City Times v. City of Bay City
8. 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.
6th - cincinnati OH
New York Times v. United States
Herbert v. Lando
Evening News Association v. Troy
9. 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.
Summary judgment
Defamation
Rouch 1
Hazelwood v. Kuhlmeier
10. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Freedom of Information Act
Herbert v. Lando
Shulman v. Group W. Productions
Irreparable harm
11. Spoken defamation which causes injury to a person's reputation
Alander
Harte-Hanks Communications - Inc. v. Connaughton
Certiorari
Michigan Federation of Teachers v. University of Michigan
12. 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.
Nebraska Press Association. v. Stuart
Libel
McIntosh v. The Detroit News
Detroit Free Press v. Macomb Circuit Judge
13. 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
Defenses of libel
Gag order
False light
14. Guarantees people the right to be secure in their homes and property against unreasonable searches and seizures. Also protects against the issuance of a warrant without probable cause.
Defamation
Booth & Ann Arbor News v. EMU Board of Regents
Fourth amendment
Injunction
15. 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
Public figure
Injunction
Defamation
Time Inc. v. Firestone
16. 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
WXYZ v. Hand
Fourth amendment
Press-Enterprise v. Superior Court in Riverside
17. No absolute right of access to members of the media. Can be restricted within reason.
Morse v. Frederick
Galella v. Onassis
Wolston v. Readers' Digest Association
Actual malice
18. 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
Booth & Ann Arbor News v. EMU Board of Regents
Publication of private matters that violate ordinary decency
Intrusion on physical solitude
5 Areas of privacy
19. There is a first amendment right of access to the public to cover and attend trials.
McCracken v. Evening News Association
Richmond Newspapers - Inc. v. Virginia
Branzburg v. Hayes
MCLA 750.520k
20. If a statement 'results in a material change in the meaning conveyed by the statement -' the person who says it can be sued for libel.
McIntosh v. The Detroit News
Masson v. New Yorker Magazine
Curtis Publishing v. Butts and AP v. Walker
Rouch 1
21. 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.
Globe Newspapers v. Superior Court
Gannett v. DePasquale
Preliminary hearing
Clark v. ABC
22. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Jurisdiction
Freedom of Information Act
Publication of private matters that violate ordinary decency
Evening News Association v. Troy
23. If the information is lawfully obtained - the defendant can't be held in contempt of court.
Actual malice
Houchins v. KQED Inc.
In re Times Publishing Co.
Publication of private matters that violate ordinary decency
24. Reckless disregard for the truth; knowing falsity
Actual malice
Amicus curiae
Herbert v. Lando
Detroit Free Press v. Recorder's Court Judge
25. Money damages awarded to the injured party as compensation for a specific loss
Sipple v. Chronicle Publishing Company
Booth Newspapers v. City of Kalamazoo
Booth & Ann Arbor News v. EMU Board of Regents
Actual Damages
26. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
McCracken v. Evening News Association
Kincaid v. Gibson
Lugosi v. Universal Pictures
People of the State of Michigan v. Pastor
27. Recognized first amendment right of privacy for private figures against media.
Hutchinson v. Proxmire
Actual malice
Intrusion on physical solitude
Cantrell v. Forest City Publishing
28. (Privacy) Ex. Kim Kardashian's sex tape
Federated Publications v. MSU Board of Trustees
Publication of private matters that violate ordinary decency
Freedom of information act
Freedom of Information Act
29. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.
Food Lion - Inc - v. Capital Cities/ABC
Fourteenth amendment
Cox Broadcasting Corp. v. Cohn
State News v. Michigan State University
30. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Zurcher v. Stanford Daily
Tickets
Detroit Free Press v. Macomb Circuit Judge
Rouch 1
31. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.
Time Inc. v. Hill
Detroit Free Press v. Recorder's Court Judge
Wilson v. Layne
Nebraska Press Association. v. Stuart
32. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
First amendment
MCLA 750.520k
Right to publicity
Press-Enterprise v. Superior Court in Riverside
33. There is a First amendment right of access to trials
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34. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Milkovich v. Lorain Journal Co
U.S. v. Dickinson
Globe Newspapers v. Superior Court
Shepherd v. Maxwell
35. 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
Wolston v. Readers' Digest Association
Zurcher v. Stanford Daily
False light
36. In Michigan - there's an absolute right of public to be present during jury selection.
Bradley v. Saranac Community Schools Board of Education
In re Closure of Voir Dire (People v. Lawrence)
In re Times Publishing Co.
Arraignment
37. 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.
Harper & Row v. Nation Enterprises
Cantrell v. Forest City Publishing
Shulman v. Group W. Productions
Gag order
38. 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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39. Incidental use of someone's image cold be an invasion of privacy or defamation.
Private figure
McIntosh v. The Detroit News
Clark v. ABC
U.S. v. Dickinson
40. 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.
MCLA 750.520k
Injunction
Libel
Reporters Committee v. AT&T
41. 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.
Freedom of Information Act
McIntosh v. The Detroit News
Fourteenth amendment
Hazelwood v. Kuhlmeier
42. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
Branzburg v. Hayes
Collins v. Detroit Free Press
Shulman v. Group W. Productions
Hustler Magazine v. Falwell
43. School officials can prohibit students from displaying messages that promote illegal drug use.
Right to publicity
Morse v. Frederick
Tasini v. NYT
In re Times Publishing Co.
44. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
Booth Newspapers v. City of Kalamazoo
District Court
Time Inc. v. Pape
6th - cincinnati OH
45. In the case where a party challenges the underlying facts that support a trial court's decision - the appellate court must defer to the trial court's view of the facts.
First amendment
Booth & Ann Arbor News v. EMU Board of Regents
Doctrine of neutral reportage
Wilson v. Layne
46. Friend of the court.
Public figure
Injunction
Amicus curiae
Globe Newspapers v. Superior Court
47. Michigan is in ____ district court in ____ -____
Sipple v. Chronicle Publishing Company
6th - cincinnati OH
In re Times Publishing Co.
Private figure
48. A person vs. a person (corporation can be a person too
McIntosh v. The Detroit News
Any civil matter
Preliminary hearing
Jurisdiction
49. The declaration of a final judgment based on the evidence presented
Sipple v. Chronicle Publishing Company
Precedent
Pearson v. Dodd
Adjudication
50. If a quote is altered - in order for a publication to be sued the plaintiff must prove the meaning portrayed in altered quote is dramatically different than the actual quote
Jurisdiction
Collins v. Detroit Free Press
Summary judgment
District Court
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