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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. Written defamation which causes injury to another's reputation
Shepherd v. Maxwell
Actual malice
Libel
Arraignment
2. Recognized first amendment right of privacy for private figures against media.
False light
Arraignment
Gertz v. Welch
Cantrell v. Forest City Publishing
3. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Cantrell v. Forest City Publishing
Defamation
Cohen v. Cowles Media Co
Precedent
4. 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.
Detroit Free Press v. Macomb Circuit Judge
Hazelwood v. Kuhlmeier
Midland Publishing Co v. District Judge
New York Times v. United States
5. 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.
Kincaid v. Gibson
Jurisdiction
Branzburg v. Hayes
Cohen v. Cowles Media Co
6. If you obtain material from a third party illegally - media are still protected and can publish.
Masson v. New Yorker Magazine
Harper & Row v. Nation Enterprises
Pearson v. Dodd
Intrusion on physical solitude
7. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Libel Per Se
Appropriation of another's likeness for commercial profit
Circuit Court
Defamation
8. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
5 Elements of libel
McIntosh v. The Detroit News
5 Areas of privacy
Preliminary hearing
9. There is a first amendment right of access to the public to cover and attend trials.
Rosenbloom v. Metromedia
Richmond Newspapers - Inc. v. Virginia
Amicus curiae
Kincaid v. Gibson
10. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Cantrell v. Forest City Publishing
Precedent
Midland Publishing Co v. District Judge
WXYZ v. Hand
11. Publication - identification - defamation - harm and damages
5 Elements of libel
Florida Star v. B.J.F
Detroit Free Press v. Macomb Circuit Judge
Food Lion - Inc - v. Capital Cities/ABC
12. 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
Bradley v. Saranac Community Schools Board of Education
District Court
Public figure
Misdemeanor
13. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Certiorari
District Court
Actual malice
Rouch 2
14. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.
Sipple v. Chronicle Publishing Company
Branzburg v. Hayes
Tickets
Defamation
15. Newspapers do not have an equal time requirement like broadcast has.
Freedom of information act
Fourth amendment
Miami Herald Co. v. Tornillo
Defamation
16. Guarantees freedoms of speech - religion - press and assembly.
Defamation
Eric Jackson v. Eastern Michigan University Foundation
First amendment
Qualified privilege
17. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
Injunction
U.S. v. Dickinson
Midland Publishing Co v. District Judge
R.O. v. Ithaca City School District
18. A court created device to weed out inadmissible evidence in advance of trial
Pretiral hearing
Time Inc. v. Hill
Sipple v. Chronicle Publishing Company
Morse v. Frederick
19. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Sipple v. Chronicle Publishing Company
Eimann/Braun v. Soldier of Fortune Magazine
Right to publicity
Reporters Committee v. AT&T
20. 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.
Felonies
Richmond Newspapers - Inc. v. Virginia
Gannett v. DePasquale
Zacchini v. Scripps-Howard Broadcasting
21. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
False light
Injunction
In re Times Publishing Co.
Time Inc. v. Hill
22. 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.
Felonies
Wilson v. Layne
Circuit Court
A.Z. v. Jane Doe
23. 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
Clark v. ABC
Freedom of information act
Collins v. Detroit Free Press
Wolston v. Readers' Digest Association
24. 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
Fourth amendment
Gannett v. DePasquale
MCLA 750.520k
Collins v. Detroit Free Press
25. 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.
Hustler Magazine v. Falwell
Gertz v. Welch
Farmers Education Cooperative v. WDAY
Sipple v. Chronicle Publishing Company
26. 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.
Cantrell v. Forest City Publishing
Sixth amendmen
Press-Enterprise v. Superior Court in Riverside
People of the State of Michigan v. Pastor
27. 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.
Houchins v. KQED Inc.
Reporters Committee v. AT&T
Private figure
Zurcher v. Stanford Daily
28. Failure to obey an order made by the court
Adjudication
Civil contempt
Private figure
Detroit Free Press - Inc. v. Oakland County Sheriff
29. Reading of the charges against a person
Detroit Free Press - Inc. v. Oakland County Sheriff
Felonies
Collins v. Detroit Free Press
Arraignment
30. The media must make sure that permission is acquired in commercial situations.
Zacchini v. Scripps-Howard Broadcasting
Edwards v. National Audubon Society
Alander
Libel Perquod
31. 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.
Freedom of information act
Tasini v. NYT
Actual malice
Certiorari
32. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Branzburg v. Hayes
Libel Per Se
WXYZ v. Hand
Actual malice
33. (Privacy) Ex. Kim Kardashian's sex tape
Defenses of libel
Reporters Committee v. AT&T
Certiorari
Publication of private matters that violate ordinary decency
34. (privacy) There are areas around you that are a 'zone of privacy'
Precedent
Time Inc. v. Pape
New York Times v. Sullivan
Intrusion on physical solitude
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
Bradley v. Saranac Community Schools Board of Education
Globe Newspapers v. Superior Court
False light
36. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
Eimann/Braun v. Soldier of Fortune Magazine
District Court
Nebraska Press Association. v. Stuart
5 Areas of privacy
37. The OMA does not allow public bodies to bypass the law by closing meetings or doing round robin phone calls. universities are not exempt from FOIA in cases of public records.
Booth Newspaper v. U of M Board of Regents
Milkovich v. Lorain Journal Co
Tasini v. NYT
New York Times v. United States
38. 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.
Edwards v. National Audubon Society
Zurcher v. Stanford Daily
False light
Fair comment
39. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.
Snepp v. United States
Actual malice
Houchins v. KQED Inc.
Herbert v. Lando
40. The press has no greater constitutional right to access penal facilities than any member of the general public
Misdemeanor
Houchins v. KQED Inc.
Jurisdiction
District Court
41. 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
Private figure
Any civil matter
Circuit Court
Right to publicity
42. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
McIntosh v. The Detroit News
Shulman v. Group W. Productions
Snepp v. United States
Pretiral hearing
43. No liability for publishing information that was lawfully obtained.
Cohen v. Cowles Media Co
Booth Newspapers v. City of Kalamazoo
Any civil matter
Florida Star v. B.J.F
44. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
Tasini v. NYT
Libel Per Se
Kincaid v. Gibson
Qualified privilege
45. No absolute right of access to members of the media. Can be restricted within reason.
Booth Newspapers v. City of Kalamazoo
Galella v. Onassis
False light
Circuit Court
46. 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
Midland Publishing Co v. District Judge
Herbert v. Lando
Rouch 1
47. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Arraignment
Food Lion - Inc - v. Capital Cities/ABC
Milkovich v. Lorain Journal Co
District Court
48. A person vs. a person (corporation can be a person too
Right to publicity
Any civil matter
Federated Publications v. MSU Board of Trustees
Adjudication
49. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Federated Publications v. MSU Board of Trustees
District Court
Rouch 1
District Court
50. Criminal matters anything less than a year in jail
Public figure
Pearson v. Dodd
Tasini v. NYT
Misdemeanor