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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. 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.
Injunction
Booth & Ann Arbor News v. EMU Board of Regents
Evening News Association v. Troy
Detroit Free Press v. Macomb Circuit Judge
2. Money damages awarded to the injured party as compensation for a specific loss
Reporters Committee v. AT&T
First amendment
Actual Damages
In re Times Publishing Co.
3. Minor errors do not count as actual malice.
Summary judgment
Time Inc. v. Pape
Time Inc. v. Firestone
Alander
4. 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.
False light
Defamation
Rosenbloom v. Metromedia
Intrusion on physical solitude
5. There is a first amendment right of access to the public to cover and attend trials.
Richmond Newspapers - Inc. v. Virginia
Cox Broadcasting Corp. v. Cohn
Preliminary hearing
Appropriation of another's likeness for commercial profit
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.
Nebraska Press Association. v. Stuart
Private figure
False light
Misdemeanor
7. 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.
Philadelphia Newspapers v. Hepps
Branzburg v. Hayes
Kincaid v. Gibson
In re Times Publishing Co.
8. 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.
Morse v. Frederick
Hustler Magazine v. Falwell
Zurcher v. Stanford Daily
Philadelphia Newspapers v. Hepps
9. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Doctrine of neutral reportage
Herbert v. Lando
District Court
Gertz v. Welch
10. Opinion - privilege - fair comment - truth - constitutional defenses
Defenses of libel
Hustler Magazine v. Falwell
Right to publicity
Branzburg v. Hayes
11. Guarantees freedoms of speech - religion - press and assembly.
Actual Damages
First amendment
Fair comment
Booth Newspaper v. U of M Board of Regents
12. (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
Hutchinson v. Proxmire
Detroit Free Press v. Recorder's Court Judge
Gertz v. Welch
13. 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.
Hazelwood v. Kuhlmeier
Detroit Free Press v. Macomb Circuit Judge
Intrusion on physical solitude
Rouch 2
14. Permission given by SCOTUS to allow a case to be appealed
Certiorari
Adjudication
Publication of private matters that violate ordinary decency
Wolston v. Readers' Digest Association
15. The media must make sure that permission is acquired in commercial situations.
Defamation
Eric Jackson v. Eastern Michigan University Foundation
Zacchini v. Scripps-Howard Broadcasting
Morse v. Frederick
16. 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.
Private figure
Press-Enterprise v. Superior Court in Riverside
Detroit Free Press v. Macomb Circuit Judge
Masson v. New Yorker Magazine
17. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Zurcher v. Stanford Daily
Gannett v. DePasquale
Gag order
Shepherd v. Maxwell
18. 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
Hazelwood v. Kuhlmeier
Right to publicity
Right to publicity
19. Broadcasters are immune from liability if political candidates defame someone while under section 315
Richmond Newspapers - Inc. v. Virginia
Herbert v. Lando
Farmers Education Cooperative v. WDAY
Collins v. Detroit Free Press
20. First Amendment protects media to report information from official records available in open court.
Any civil matter
Cox Broadcasting Corp. v. Cohn
Kincaid v. Gibson
Milkovich v. Lorain Journal Co
21. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
First amendment
Alander
Federated Publications v. MSU Board of Trustees
Libel Per Se
22. 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.
Wilson v. Layne
Masson v. New Yorker Magazine
U.S. v. Dickinson
Philadelphia Newspapers v. Hepps
23. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Globe Newspapers v. Superior Court
U.S. v. Dickinson
Zurcher v. Stanford Daily
Arraignment
24. 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
Tickets
Branzburg v. Hayes
Alander
25. A court created device to weed out inadmissible evidence in advance of trial
A.Z. v. Jane Doe
Pretiral hearing
Bradley v. Saranac Community Schools Board of Education
Hustler Magazine v. Falwell
26. Friend of the court.
McIntosh v. The Detroit News
Midland Publishing Co v. District Judge
Amicus curiae
Branzburg v. Hayes
27. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
False light
Defamation
Wolston v. Readers' Digest Association
Misdemeanor
28. 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.
Freedom of information act
Detroit Free Press v. Recorder's Court Judge
Kincaid v. Gibson
Lugosi v. Universal Pictures
29. Civil cases when the amount in dispute is less than $25 -000
Tickets
Publication of private matters that violate ordinary decency
Appropriation of another's likeness for commercial profit
Booth Newspapers v. City of Kalamazoo
30. Reckless disregard for the truth; knowing falsity
Rouch 2
Right to publicity
Booth Newspaper v. U of M Board of Regents
Actual malice
31. A court order preventing a person or group from doing or continuing to do a specific act.
Injunction
Preliminary hearing
Midland Publishing Co v. District Judge
Miami Herald Co. v. Tornillo
32. 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.
6th - cincinnati OH
Actual Damages
Reporters Committee v. AT&T
Herbert v. Lando
33. 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.
Lugosi v. Universal Pictures
Certiorari
Florida Star v. B.J.F
Gannett v. DePasquale
34. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Intrusion on physical solitude
WXYZ v. Hand
Morse v. Frederick
Libel
35. 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.
Circuit Court
Detroit Free Press - Inc. v. Oakland County Sheriff
Booth & Ann Arbor News v. EMU Board of Regents
Time Inc. v. Hill
36. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
McCracken v. Evening News Association
Time Inc. v. Firestone
Hutchinson v. Proxmire
Doctrine of neutral reportage
37. 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.
Intrusion on physical solitude
Actual malice
Midland Publishing Co v. District Judge
Eimann/Braun v. Soldier of Fortune Magazine
38. To claim exemption for investigative records - they must show how disclosure would interfere with proceedings. The burden of proof is on the party claiming exemption.
Lugosi v. Universal Pictures
5 Areas of privacy
Evening News Association v. Troy
Any civil matter
39. Criminal matters anything less than a year in jail
Misdemeanor
Wilson v. Layne
U.S. v. Dickinson
Any civil matter
40. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.
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41. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Rouch 2
Michigan Federation of Teachers v. University of Michigan
Reporters Committee v. AT&T
Any civil matter
42. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
6th - cincinnati OH
Harte-Hanks Communications - Inc. v. Connaughton
Booth Newspaper v. U of M Board of Regents
District Court
43. Prevents ISPs from liability except on copyright.
Dendrite v. John Does
Wilson v. Layne
Summary judgment
Pearson v. Dodd
44. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Sipple v. Chronicle Publishing Company
Booth Newspapers v. City of Kalamazoo
Pretiral hearing
Hutchinson v. Proxmire
45. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.
Felonies
Hutchinson v. Proxmire
Nebraska Press Association. v. Stuart
Hazelwood v. Kuhlmeier
46. 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
McIntosh v. The Detroit News
Cohen v. Cowles Media Co
Houchins v. KQED Inc.
47. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Tasini v. NYT
Circuit Court
People of the State of Michigan v. Pastor
Wilson v. Layne
48. The press has no greater constitutional right to access penal facilities than any member of the general public
Globe Newspapers v. Superior Court
Branzburg v. Hayes
Houchins v. KQED Inc.
Jurisdiction
49. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Collins v. Detroit Free Press
Milkovich v. Lorain Journal Co
Intrusion on physical solitude
Nebraska Press Association. v. Stuart
50. Words that may be innocent on face - but facts make story damaging
New York Times v. Sullivan
Shepherd v. Maxwell
District Court
Libel Perquod