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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. If you obtain material from a third party illegally - media are still protected and can publish.
Miami Herald Co. v. Tornillo
Bradley v. Saranac Community Schools Board of Education
Pearson v. Dodd
Milkovich v. Lorain Journal Co
2. 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.
Press-Enterprise v. Superior Court in Riverside
WXYZ v. Hand
Fair comment
Edwards v. National Audubon Society
3. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
People of the State of Michigan v. Pastor
First amendment
Appropriation of another's likeness for commercial profit
Eric Jackson v. Eastern Michigan University Foundation
4. Broadcasters are immune from liability if political candidates defame someone while under section 315
Farmers Education Cooperative v. WDAY
A.Z. v. Jane Doe
Intrusion on physical solitude
State News v. Michigan State University
5. Publication - identification - defamation - harm and damages
5 Elements of libel
Intrusion on physical solitude
Preliminary hearing
Adjudication
6. 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.
Felonies
Actual Damages
Circuit Court
Rosenbloom v. Metromedia
7. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Publication of private matters that violate ordinary decency
Kincaid v. Gibson
Herbert v. Lando
Time Inc. v. Hill
8. 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)
False light
Libel Per Se
Gag order
9. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Preliminary hearing
WXYZ v. Hand
Florida Star v. B.J.F
Intrusion on physical solitude
10. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
Tasini v. NYT
Libel Perquod
Richmond Newspapers - Inc. v. Virginia
Shulman v. Group W. Productions
11. 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.
Alander
Libel Per Se
Hustler Magazine v. Falwell
Amicus curiae
12. 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.
Kincaid v. Gibson
Amicus curiae
Booth & Ann Arbor News v. EMU Board of Regents
Preliminary hearing
13. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Cox Broadcasting Corp. v. Cohn
Rouch 2
Shepherd v. Maxwell
Collins v. Detroit Free Press
14. 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.
Masson v. New Yorker Magazine
Pretiral hearing
A.Z. v. Jane Doe
Sixth amendmen
15. 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.
Publication of private matters that violate ordinary decency
Certiorari
Circuit Court
Detroit Free Press v. Recorder's Court Judge
16. 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.
5 Areas of privacy
R.O. v. Ithaca City School District
Detroit Free Press v. Macomb Circuit Judge
Harper & Row v. Nation Enterprises
17. The media must make sure that permission is acquired in commercial situations.
WXYZ v. Hand
Shepherd v. Maxwell
Zacchini v. Scripps-Howard Broadcasting
Publication of private matters that violate ordinary decency
18. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Detroit Free Press v. Macomb Circuit Judge
District Court
A.Z. v. Jane Doe
Arraignment
19. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
U.S. v. Dickinson
Hustler Magazine v. Falwell
Precedent
Eric Jackson v. Eastern Michigan University Foundation
20. Prevents ISPs from liability except on copyright.
A.Z. v. Jane Doe
Dendrite v. John Does
McIntosh v. The Detroit News
Doctrine of neutral reportage
21. Anything punishable by more than a year in jail
Rosenbloom v. Metromedia
Defenses of libel
Intrusion on physical solitude
Felonies
22. There is a first amendment right of access to the public to cover and attend trials.
Gertz v. Welch
Circuit Court
Herbert v. Lando
Richmond Newspapers - Inc. v. Virginia
23. Truth is only a defense in privacy cases when it's in a case of _______
Hazelwood v. Kuhlmeier
Harte-Hanks Communications - Inc. v. Connaughton
Right to publicity
False light
24. 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
Defenses of libel
Harte-Hanks Communications - Inc. v. Connaughton
Bradley v. Saranac Community Schools Board of Education
25. 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
Wilson v. Layne
Circuit Court
U.S. v. Dickinson
26. A person vs. a person (corporation can be a person too
Irreparable harm
Any civil matter
WXYZ v. Hand
Booth & Ann Arbor News v. EMU Board of Regents
27. 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.
Eric Jackson v. Eastern Michigan University Foundation
6th - cincinnati OH
Libel Per Se
Precedent
28. Recognized first amendment right of privacy for private figures against media.
Publication of private matters that violate ordinary decency
Cantrell v. Forest City Publishing
False light
Tasini v. NYT
29. 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
Gannett v. DePasquale
Richmond Newspapers - Inc. v. Virginia
MCLA 750.520k
Precedent
30. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Freedom of Information Act
Libel Per Se
Morse v. Frederick
Pearson v. Dodd
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.
Wilson v. Layne
Publication of private matters that violate ordinary decency
Felonies
Libel Per Se
32. The press has no greater constitutional right to access penal facilities than any member of the general public
Michigan Federation of Teachers v. University of Michigan
Sipple v. Chronicle Publishing Company
Irreparable harm
Houchins v. KQED Inc.
33. 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.
Detroit Free Press v. Macomb Circuit Judge
Summary judgment
Right to publicity
Injunction
34. 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.
Houchins v. KQED Inc.
Dendrite v. John Does
Gannett v. DePasquale
WXYZ v. Hand
35. 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.
Detroit Free Press - Inc. v. Oakland County Sheriff
New York Times v. United States
Qualified privilege
5 Areas of privacy
36. 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.
Booth & Ann Arbor News v. EMU Board of Regents
Curtis Publishing v. Butts and AP v. Walker
Fourth amendment
Milkovich v. Lorain Journal Co
37. A court order preventing a person or group from doing or continuing to do a specific act.
Injunction
Detroit Free Press v. Recorder's Court Judge
Irreparable harm
5 Elements of libel
38. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
Fourteenth amendment
Irreparable harm
Publication of private matters that violate ordinary decency
Milkovich v. Lorain Journal Co
39. 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.
Evening News Association v. Troy
Eric Jackson v. Eastern Michigan University Foundation
Intrusion on physical solitude
Felonies
40. NYT actual malice rule is extended form just public officials to include public figures
Doctrine of neutral reportage
Booth Newspapers v. City of Kalamazoo
Curtis Publishing v. Butts and AP v. Walker
Wilson v. Layne
41. Written defamation which causes injury to another's reputation
Libel
Masson v. New Yorker Magazine
Hazelwood v. Kuhlmeier
First amendment
42. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Evening News Association v. Troy
Sipple v. Chronicle Publishing Company
Globe Newspapers v. Superior Court
Hutchinson v. Proxmire
43. Friend of the court.
Time Inc. v. Pape
Amicus curiae
Pearson v. Dodd
Defamation
44. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
First amendment
Cohen v. Cowles Media Co
Booth Newspaper v. U of M Board of Regents
Galella v. Onassis
45. Michigan is in ____ district court in ____ -____
6th - cincinnati OH
Dendrite v. John Does
Philadelphia Newspapers v. Hepps
Detroit Free Press v. Recorder's Court Judge
46. Spoken defamation which causes injury to a person's reputation
Alander
Press-Enterprise v. Superior Court in Riverside
Right to publicity
Florida Star v. B.J.F
47. No liability for publishing information that was lawfully obtained.
Gag order
Florida Star v. B.J.F
Miami Herald Co. v. Tornillo
R.O. v. Ithaca City School District
48. Reading of the charges against a person
Wolston v. Readers' Digest Association
McIntosh v. The Detroit News
Arraignment
Cantrell v. Forest City Publishing
49. Police have to disclose incident report records. Do have to keep submitting FOIAs.
State News v. Michigan State University
Wolston v. Readers' Digest Association
New York Times v. Sullivan
People of the State of Michigan v. Pastor
50. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Michigan Federation of Teachers v. University of Michigan
Pretiral hearing
Freedom of Information Act
Evening News Association v. Troy