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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. If a publication accurately prints something from a false public record document - they cannot be sued for libel.
Edwards v. National Audubon Society
First amendment
McIntosh v. The Detroit News
Michigan Federation of Teachers v. University of Michigan
2. (privacy) Ex. Beyonce has a thing of Ocean Spray orange juice. Ocean Spray uses the photo as a marketing campaign. Beyonce could go after them.
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3. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
Any civil matter
Actual malice
Harper & Row v. Nation Enterprises
Kincaid v. Gibson
4. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Doctrine of neutral reportage
Intrusion on physical solitude
Branzburg v. Hayes
Detroit Free Press v. Recorder's Court Judge
5. There is a First amendment right of access to trials
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6. 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
Felonies
Hustler Magazine v. Falwell
Philadelphia Newspapers v. Hepps
7. 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.
Hutchinson v. Proxmire
Gag order
Alander
Wolston v. Readers' Digest Association
8. Incidental use of someone's image cold be an invasion of privacy or defamation.
Booth Newspapers v. City of Kalamazoo
Right to publicity
Clark v. ABC
5 Areas of privacy
9. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.
Hazelwood v. Kuhlmeier
Milkovich v. Lorain Journal Co
Felonies
Sipple v. Chronicle Publishing Company
10. Publication - identification - defamation - harm and damages
Irreparable harm
People of the State of Michigan v. Pastor
5 Elements of libel
District Court
11. School officials can prohibit students from displaying messages that promote illegal drug use.
Intrusion on physical solitude
Defenses of libel
Morse v. Frederick
Cohen v. Cowles Media Co
12. 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
Collins v. Detroit Free Press
Any civil matter
Cohen v. Cowles Media Co
Precedent
13. When you have a private figure plaintiff - even though state standards controls - if it's a matter of public concern - the burden of proof shifts from the defendant who no longer has to prove truth - to the plaintiff who has to prove falsity of what
Philadelphia Newspapers v. Hepps
Doctrine of neutral reportage
Detroit Free Press v. Recorder's Court Judge
Time Inc. v. Firestone
14. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Libel Per Se
District Court
Freedom of Information Act
Defenses of libel
15. (privacy) There are areas around you that are a 'zone of privacy'
In re Times Publishing Co.
Intrusion on physical solitude
Morse v. Frederick
Alander
16. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Alander
Harper & Row v. Nation Enterprises
U.S. v. Dickinson
Milkovich v. Lorain Journal Co
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.
Wilson v. Layne
Detroit Free Press v. Recorder's Court Judge
Hustler Magazine v. Falwell
Wolston v. Readers' Digest Association
18. 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.
Adjudication
Nebraska Press Association. v. Stuart
Rosenbloom v. Metromedia
Zurcher v. Stanford Daily
19. No absolute right of access to members of the media. Can be restricted within reason.
Galella v. Onassis
Florida Star v. B.J.F
Wolston v. Readers' Digest Association
Rouch 1
20. Truth is only a defense in privacy cases when it's in a case of _______
Wilson v. Layne
Summary judgment
False light
Rouch 2
21. 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
Detroit Free Press v. Macomb Circuit Judge
Branzburg v. Hayes
Time Inc. v. Firestone
22. 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
Actual Damages
Curtis Publishing v. Butts and AP v. Walker
Civil contempt
MCLA 750.520k
23. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Michigan Federation of Teachers v. University of Michigan
5 Elements of libel
Time Inc. v. Hill
Detroit Free Press v. Macomb Circuit Judge
24. Prevents ISPs from liability except on copyright.
McIntosh v. The Detroit News
6th - cincinnati OH
Dendrite v. John Does
Defenses of libel
25. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
District Court
Dendrite v. John Does
Defenses of libel
Herbert v. Lando
26. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Tickets
Defamation
Wolston v. Readers' Digest Association
Bay City Times v. City of Bay City
27. Criminal matters anything less than a year in jail
Snepp v. United States
Fair comment
Misdemeanor
Wilson v. Layne
28. Reporters have no greater rights than any other citizen - there is no reporter shield from grand jury testifying. If you're attempting to harass - then reporters are protected and do not have to testify.
Branzburg v. Hayes
Arraignment
WXYZ v. Hand
Preliminary hearing
29. NYT actual malice rule is extended form just public officials to include public figures
Branzburg v. Hayes
Philadelphia Newspapers v. Hepps
Gertz v. Welch
Curtis Publishing v. Butts and AP v. Walker
30. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Freedom of information act
Booth Newspapers v. City of Kalamazoo
Edwards v. National Audubon Society
Cohen v. Cowles Media Co
31. 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.
Eimann/Braun v. Soldier of Fortune Magazine
Intrusion on physical solitude
Philadelphia Newspapers v. Hepps
Sixth amendmen
32. 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.
False light
Rosenbloom v. Metromedia
Qualified privilege
Curtis Publishing v. Butts and AP v. Walker
33. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.
Rouch 2
Shulman v. Group W. Productions
Snepp v. United States
Booth & Ann Arbor News v. EMU Board of Regents
34. First Amendment protects even false statements about the conduct of public officials except when statements are made with knowledge that they are false or in reckless disregard of their truth or falsity. (actual malice)
Publication of private matters that violate ordinary decency
New York Times v. Sullivan
Rouch 2
Booth & Ann Arbor News v. EMU Board of Regents
35. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Libel Per Se
Federated Publications v. MSU Board of Trustees
Hutchinson v. Proxmire
Alander
36. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Libel
Precedent
Any civil matter
Zurcher v. Stanford Daily
37. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
Hustler Magazine v. Falwell
Shulman v. Group W. Productions
Misdemeanor
Freedom of Information Act
38. 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.
Evening News Association v. Troy
Right to publicity
Rouch 1
New York Times v. United States
39. 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.
Milkovich v. Lorain Journal Co
Felonies
Fourth amendment
Hustler Magazine v. Falwell
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.
Reporters Committee v. AT&T
Midland Publishing Co v. District Judge
McCracken v. Evening News Association
5 Elements of libel
41. 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.
Rosenbloom v. Metromedia
Branzburg v. Hayes
Sixth amendmen
Booth & Ann Arbor News v. EMU Board of Regents
42. 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.
Time Inc. v. Hill
Rouch 1
Dendrite v. John Does
Intrusion on physical solitude
43. No liability for publishing information that was lawfully obtained.
In re Times Publishing Co.
Florida Star v. B.J.F
Fair comment
Arraignment
44. Words that may be innocent on face - but facts make story damaging
Libel Perquod
Galella v. Onassis
Evening News Association v. Troy
Qualified privilege
45. (Privacy) Ex. Kim Kardashian's sex tape
Intrusion on physical solitude
Felonies
Publication of private matters that violate ordinary decency
Precedent
46. 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
Evening News Association v. Troy
Public figure
Cantrell v. Forest City Publishing
In re Times Publishing Co.
47. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Preliminary hearing
Gannett v. DePasquale
Shepherd v. Maxwell
6th - cincinnati OH
48. Failure to obey an order made by the court
Collins v. Detroit Free Press
Press-Enterprise v. Superior Court in Riverside
Civil contempt
Bay City Times v. City of Bay City
49. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
Libel Per Se
Fourth amendment
Fourteenth amendment
Masson v. New Yorker Magazine
50. Opinion - privilege - fair comment - truth - constitutional defenses
Arraignment
Collins v. Detroit Free Press
Defenses of libel
District Court
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