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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 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
Cohen v. Cowles Media Co
Eimann/Braun v. Soldier of Fortune Magazine
Arraignment
Collins v. Detroit Free Press
2. A court created device to weed out inadmissible evidence in advance of trial
Houchins v. KQED Inc.
Harper & Row v. Nation Enterprises
Pretiral hearing
Pearson v. Dodd
3. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Detroit Free Press v. Macomb Circuit Judge
Tickets
Libel Per Se
Kincaid v. Gibson
4. 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. United States
Time Inc. v. Hill
A.Z. v. Jane Doe
Detroit Free Press v. Recorder's Court Judge
5. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Herbert v. Lando
WXYZ v. Hand
Florida Star v. B.J.F
Arraignment
6. 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.
Gannett v. DePasquale
Preliminary hearing
Private figure
Alander
7. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.
Booth & Ann Arbor News v. EMU Board of Regents
Sipple v. Chronicle Publishing Company
Globe Newspapers v. Superior Court
Misdemeanor
8. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Food Lion - Inc - v. Capital Cities/ABC
Right to publicity
Injunction
Globe Newspapers v. Superior Court
9. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Booth Newspapers v. City of Kalamazoo
Booth & Ann Arbor News v. EMU Board of Regents
Actual malice
Bradley v. Saranac Community Schools Board of Education
10. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Precedent
6th - cincinnati OH
Branzburg v. Hayes
Gag order
11. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Lugosi v. Universal Pictures
Appropriation of another's likeness for commercial profit
District Court
WXYZ v. Hand
12. Have to have an open meeting when interviewing candidates for a public position.
Amicus curiae
Preliminary hearing
Michigan Federation of Teachers v. University of Michigan
Bay City Times v. City of Bay City
13. 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.
Hutchinson v. Proxmire
MCLA 750.520k
Zacchini v. Scripps-Howard Broadcasting
Hustler Magazine v. Falwell
14. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Freedom of Information Act
Wilson v. Layne
Tickets
Right to publicity
15. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Shepherd v. Maxwell
Eimann/Braun v. Soldier of Fortune Magazine
Bay City Times v. City of Bay City
Freedom of information act
16. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
District Court
Right to publicity
Milkovich v. Lorain Journal Co
Booth & Ann Arbor News v. EMU Board of Regents
17. 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.
Civil contempt
Philadelphia Newspapers v. Hepps
Detroit Free Press v. Macomb Circuit Judge
Branzburg v. Hayes
18. (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
False light
6th - cincinnati OH
Cox Broadcasting Corp. v. Cohn
Qualified privilege
19. 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.
MCLA 750.520k
Cantrell v. Forest City Publishing
Evening News Association v. Troy
Fair comment
20. 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.
Curtis Publishing v. Butts and AP v. Walker
Eric Jackson v. Eastern Michigan University Foundation
Gertz v. Welch
Branzburg v. Hayes
21. 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)
New York Times v. Sullivan
Houchins v. KQED Inc.
Bradley v. Saranac Community Schools Board of Education
Public figure
22. First Amendment protects media to report information from official records available in open court.
First amendment
Clark v. ABC
Eimann/Braun v. Soldier of Fortune Magazine
Cox Broadcasting Corp. v. Cohn
23. 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.
Rouch 2
Preliminary hearing
False light
Booth Newspaper v. U of M Board of Regents
24. 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
Public figure
Publication of private matters that violate ordinary decency
Rouch 1
Right to publicity
25. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Kincaid v. Gibson
5 Elements of libel
Certiorari
Doctrine of neutral reportage
26. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
Any civil matter
Rosenbloom v. Metromedia
Miami Herald Co. v. Tornillo
A.Z. v. Jane Doe
27. A person vs. a person (corporation can be a person too
False light
Summary judgment
Any civil matter
Tickets
28. If the information is lawfully obtained - the defendant can't be held in contempt of court.
Hustler Magazine v. Falwell
Detroit Free Press v. Recorder's Court Judge
Bay City Times v. City of Bay City
In re Times Publishing Co.
29. 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
Masson v. New Yorker Magazine
Midland Publishing Co v. District Judge
False light
Fourteenth amendment
30. Friend of the court.
Appropriation of another's likeness for commercial profit
Pearson v. Dodd
Amicus curiae
Hustler Magazine v. Falwell
31. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage
Edwards v. National Audubon Society
Richmond Newspapers - Inc. v. Virginia
Circuit Court
Rouch 1
32. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
Bradley v. Saranac Community Schools Board of Education
Summary judgment
Fourth amendment
District Court
33. Permission given by SCOTUS to allow a case to be appealed
Cantrell v. Forest City Publishing
Certiorari
Civil contempt
Food Lion - Inc - v. Capital Cities/ABC
34. Publication - identification - defamation - harm and damages
5 Elements of libel
Galella v. Onassis
New York Times v. Sullivan
Masson v. New Yorker Magazine
35. 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
Lugosi v. Universal Pictures
Rouch 1
State News v. Michigan State University
36. 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
Alander
Dendrite v. John Does
Curtis Publishing v. Butts and AP v. Walker
37. 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
Intrusion on physical solitude
MCLA 750.520k
Galella v. Onassis
6th - cincinnati OH
38. (privacy) There are areas around you that are a 'zone of privacy'
Hutchinson v. Proxmire
Felonies
Intrusion on physical solitude
Misdemeanor
39. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'
Reporters Committee v. AT&T
Harper & Row v. Nation Enterprises
Lugosi v. Universal Pictures
A.Z. v. Jane Doe
40. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
MCLA 750.520k
Certiorari
Defamation
Shepherd v. Maxwell
41. Newspapers do not have an equal time requirement like broadcast has.
Freedom of information act
Time Inc. v. Hill
Miami Herald Co. v. Tornillo
Kincaid v. Gibson
42. A court order preventing a person or group from doing or continuing to do a specific act.
5 Areas of privacy
Public figure
Injunction
Florida Star v. B.J.F
43. 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
Cox Broadcasting Corp. v. Cohn
Libel
44. In Michigan - there's an absolute right of public to be present during jury selection.
Herbert v. Lando
In re Closure of Voir Dire (People v. Lawrence)
Adjudication
Rosenbloom v. Metromedia
45. 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
Fair comment
Federated Publications v. MSU Board of Trustees
Defenses of libel
Philadelphia Newspapers v. Hepps
46. Police have to disclose incident report records. Do have to keep submitting FOIAs.
Harte-Hanks Communications - Inc. v. Connaughton
Rouch 1
MCLA 750.520k
State News v. Michigan State University
47. No liability for publishing information that was lawfully obtained.
Nebraska Press Association. v. Stuart
Florida Star v. B.J.F
Booth Newspapers v. City of Kalamazoo
Cohen v. Cowles Media Co
48. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Philadelphia Newspapers v. Hepps
Rouch 2
Cohen v. Cowles Media Co
People of the State of Michigan v. Pastor
49. There is a first amendment right of access to the public to cover and attend trials.
Summary judgment
Richmond Newspapers - Inc. v. Virginia
False light
Eric Jackson v. Eastern Michigan University Foundation
50. Civil cases when the amount in dispute is less than $25 -000
McIntosh v. The Detroit News
Summary judgment
Actual Damages
Tickets