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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. 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.
Freedom of information act
Circuit Court
Tickets
Fourth amendment
2. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'
Midland Publishing Co v. District Judge
Publication of private matters that violate ordinary decency
Cox Broadcasting Corp. v. Cohn
Harper & Row v. Nation Enterprises
3. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Rouch 1
Libel Perquod
District Court
District Court
4. 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
Zurcher v. Stanford Daily
Intrusion on physical solitude
Kincaid v. Gibson
5. (privacy) There are areas around you that are a 'zone of privacy'
Summary judgment
Injunction
Intrusion on physical solitude
Florida Star v. B.J.F
6. NYT actual malice rule is extended form just public officials to include public figures
In re Closure of Voir Dire (People v. Lawrence)
Time Inc. v. Firestone
Any civil matter
Curtis Publishing v. Butts and AP v. Walker
7. 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.
First amendment
Tasini v. NYT
Nebraska Press Association. v. Stuart
Hazelwood v. Kuhlmeier
8. (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
Gag order
Globe Newspapers v. Superior Court
Detroit Free Press v. Recorder's Court Judge
9. A person vs. a person (corporation can be a person too
Dendrite v. John Does
Time Inc. v. Firestone
Right to publicity
Any civil matter
10. 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.
Public figure
Time Inc. v. Firestone
Kincaid v. Gibson
Eric Jackson v. Eastern Michigan University Foundation
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.
Hustler Magazine v. Falwell
New York Times v. United States
Detroit Free Press v. Macomb Circuit Judge
5 Areas of privacy
12. Have to have an open meeting when interviewing candidates for a public position.
Bay City Times v. City of Bay City
Kincaid v. Gibson
People of the State of Michigan v. Pastor
District Court
13. In Michigan - booking photos are available to the public.
Right to publicity
Lugosi v. Universal Pictures
Detroit Free Press - Inc. v. Oakland County Sheriff
Booth Newspaper v. U of M Board of Regents
14. 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
Rosenbloom v. Metromedia
Herbert v. Lando
False light
Midland Publishing Co v. District Judge
15. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Globe Newspapers v. Superior Court
Galella v. Onassis
Public figure
Preliminary hearing
16. Recognized first amendment right of privacy for private figures against media.
False light
Evening News Association v. Troy
Cantrell v. Forest City Publishing
Amicus curiae
17. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
WXYZ v. Hand
Libel Perquod
Gertz v. Welch
Milkovich v. Lorain Journal Co
18. The declaration of a final judgment based on the evidence presented
Cohen v. Cowles Media Co
Detroit Free Press v. Macomb Circuit Judge
Adjudication
MCLA 750.520k
19. Opinion - privilege - fair comment - truth - constitutional defenses
Amicus curiae
Reporters Committee v. AT&T
5 Elements of libel
Defenses of libel
20. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Michigan Federation of Teachers v. University of Michigan
Doctrine of neutral reportage
Florida Star v. B.J.F
Bradley v. Saranac Community Schools Board of Education
21. There is a first amendment right of access to the public to cover and attend trials.
Pearson v. Dodd
False light
Richmond Newspapers - Inc. v. Virginia
Right to publicity
22. (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.
23. 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.
WXYZ v. Hand
Gag order
Fourth amendment
Rouch 1
24. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Eimann/Braun v. Soldier of Fortune Magazine
Freedom of information act
District Court
Publication of private matters that violate ordinary decency
25. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Publication of private matters that violate ordinary decency
Preliminary hearing
Defamation
WXYZ v. Hand
26. Truth is only a defense in privacy cases when it's in a case of _______
Florida Star v. B.J.F
5 Areas of privacy
False light
Detroit Free Press - Inc. v. Oakland County Sheriff
27. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Lugosi v. Universal Pictures
Rouch 2
Press-Enterprise v. Superior Court in Riverside
Booth Newspapers v. City of Kalamazoo
28. Police have to disclose incident report records. Do have to keep submitting FOIAs.
State News v. Michigan State University
Gag order
Public figure
Harper & Row v. Nation Enterprises
29. 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
Freedom of Information Act
U.S. v. Dickinson
Farmers Education Cooperative v. WDAY
30. Friend of the court.
Injunction
Amicus curiae
Irreparable harm
Freedom of Information Act
31. 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
Bradley v. Saranac Community Schools Board of Education
Collins v. Detroit Free Press
Gannett v. DePasquale
Wilson v. Layne
32. 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.
Galella v. Onassis
Publication of private matters that violate ordinary decency
Libel Per Se
Private figure
33. 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.
Summary judgment
Edwards v. National Audubon Society
Press-Enterprise v. Superior Court in Riverside
Freedom of information act
34. Anything punishable by more than a year in jail
5 Elements of libel
Felonies
U.S. v. Dickinson
Intrusion on physical solitude
35. 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
Curtis Publishing v. Butts and AP v. Walker
5 Elements of libel
Public figure
False light
36. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
Cohen v. Cowles Media Co
Cantrell v. Forest City Publishing
Fourteenth amendment
Any civil matter
37. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.
District Court
Hustler Magazine v. Falwell
Food Lion - Inc - v. Capital Cities/ABC
Rosenbloom v. Metromedia
38. 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.
Galella v. Onassis
Branzburg v. Hayes
Adjudication
Booth & Ann Arbor News v. EMU Board of Regents
39. 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
Jurisdiction
Any civil matter
In re Times Publishing Co.
40. There is a First amendment right of access to trials
41. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
False light
Dendrite v. John Does
Globe Newspapers v. Superior Court
Branzburg v. Hayes
42. Newspapers do not have an equal time requirement like broadcast has.
Miami Herald Co. v. Tornillo
Freedom of information act
Zacchini v. Scripps-Howard Broadcasting
Time Inc. v. Firestone
43. No absolute right of access to members of the media. Can be restricted within reason.
Branzburg v. Hayes
Cohen v. Cowles Media Co
Right to publicity
Galella v. Onassis
44. 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.
Farmers Education Cooperative v. WDAY
Gertz v. Welch
Summary judgment
A.Z. v. Jane Doe
45. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Fourth amendment
Herbert v. Lando
Cantrell v. Forest City Publishing
Shepherd v. Maxwell
46. 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.
Actual Damages
Richmond Newspapers - Inc. v. Virginia
Adjudication
New York Times v. United States
47. 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.
Hutchinson v. Proxmire
Sixth amendmen
Rosenbloom v. Metromedia
Dendrite v. John Does
48. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.
49. Prevents ISPs from liability except on copyright.
McCracken v. Evening News Association
Civil contempt
Collins v. Detroit Free Press
Dendrite v. John Does
50. First Amendment protects media to report information from official records available in open court.
Cox Broadcasting Corp. v. Cohn
Right to publicity
U.S. v. Dickinson
Jurisdiction