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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.
Pearson v. Dodd
5 Areas of privacy
Bay City Times v. City of Bay City
Hutchinson v. Proxmire
2. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Globe Newspapers v. Superior Court
Intrusion on physical solitude
Curtis Publishing v. Butts and AP v. Walker
Irreparable harm
3. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Harper & Row v. Nation Enterprises
New York Times v. Sullivan
Bradley v. Saranac Community Schools Board of Education
Intrusion on physical solitude
4. Civil cases when the amount in dispute is less than $25 -000
Intrusion on physical solitude
R.O. v. Ithaca City School District
Alander
Tickets
5. No guarantee of immunity for media ride alongs.
Tasini v. NYT
Harper & Row v. Nation Enterprises
Shepherd v. Maxwell
Wilson v. Layne
6. 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.
State News v. Michigan State University
Galella v. Onassis
A.Z. v. Jane Doe
Hustler Magazine v. Falwell
7. NYT actual malice rule is extended form just public officials to include public figures
Curtis Publishing v. Butts and AP v. Walker
Gag order
Herbert v. Lando
Actual malice
8. Guarantees freedoms of speech - religion - press and assembly.
Qualified privilege
Actual malice
Detroit Free Press v. Recorder's Court Judge
First amendment
9. Police have to disclose incident report records. Do have to keep submitting FOIAs.
Fourteenth amendment
Morse v. Frederick
5 Areas of privacy
State News v. Michigan State University
10. Harm done which the law cannot remedy.
District Court
Fourteenth amendment
Sipple v. Chronicle Publishing Company
Irreparable harm
11. 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.
New York Times v. Sullivan
Injunction
Eric Jackson v. Eastern Michigan University Foundation
Milkovich v. Lorain Journal Co
12. 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.
Libel Perquod
Reporters Committee v. AT&T
Detroit Free Press - Inc. v. Oakland County Sheriff
Freedom of information act
13. (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.
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14. Institutes procedures to ensure every citizen has the right to access government documents - as well as the right to inspect and receive copies of records from state and local government bodies.
Freedom of Information Act
Preliminary hearing
Philadelphia Newspapers v. Hepps
Snepp v. United States
15. 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
Intrusion on physical solitude
Certiorari
Right to publicity
Time Inc. v. Firestone
16. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Curtis Publishing v. Butts and AP v. Walker
A.Z. v. Jane Doe
Time Inc. v. Hill
Right to publicity
17. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Arraignment
Cohen v. Cowles Media Co
U.S. v. Dickinson
Galella v. Onassis
18. Incidental use of someone's image cold be an invasion of privacy or defamation.
R.O. v. Ithaca City School District
Clark v. ABC
Doctrine of neutral reportage
Right to publicity
19. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Any civil matter
Actual Damages
Clark v. ABC
District Court
20. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Cox Broadcasting Corp. v. Cohn
Midland Publishing Co v. District Judge
Milkovich v. Lorain Journal Co
Cohen v. Cowles Media Co
21. (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
Branzburg v. Hayes
Precedent
Zurcher v. Stanford Daily
False light
22. 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
6th - cincinnati OH
Food Lion - Inc - v. Capital Cities/ABC
Libel Perquod
23. 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)
Harper & Row v. Nation Enterprises
Lugosi v. Universal Pictures
New York Times v. Sullivan
MCLA 750.520k
24. Reckless disregard for the truth; knowing falsity
Detroit Free Press v. Recorder's Court Judge
Actual malice
Hutchinson v. Proxmire
Lugosi v. Universal Pictures
25. 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.
Globe Newspapers v. Superior Court
Cox Broadcasting Corp. v. Cohn
Masson v. New Yorker Magazine
Rosenbloom v. Metromedia
26. Anything punishable by more than a year in jail
Actual Damages
Shepherd v. Maxwell
Galella v. Onassis
Felonies
27. Permission given by SCOTUS to allow a case to be appealed
Publication of private matters that violate ordinary decency
Certiorari
McIntosh v. The Detroit News
False light
28. A court created device to weed out inadmissible evidence in advance of trial
Shepherd v. Maxwell
Time Inc. v. Hill
Pretiral hearing
Rouch 1
29. 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.
Gannett v. DePasquale
Freedom of information act
Felonies
Cohen v. Cowles Media Co
30. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
U.S. v. Dickinson
Sixth amendmen
Michigan Federation of Teachers v. University of Michigan
Zacchini v. Scripps-Howard Broadcasting
31. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
Richmond Newspapers - Inc. v. Virginia
WXYZ v. Hand
Kincaid v. Gibson
Lugosi v. Universal Pictures
32. If the information is lawfully obtained - the defendant can't be held in contempt of court.
Detroit Free Press v. Recorder's Court Judge
Defenses of libel
In re Times Publishing Co.
MCLA 750.520k
33. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
Alander
Wilson v. Layne
Richmond Newspapers - Inc. v. Virginia
A.Z. v. Jane Doe
34. Broadcasters are immune from liability if political candidates defame someone while under section 315
Libel Perquod
McCracken v. Evening News Association
Shepherd v. Maxwell
Farmers Education Cooperative v. WDAY
35. 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.
Arraignment
Collins v. Detroit Free Press
Kincaid v. Gibson
Tasini v. NYT
36. No absolute right of access to members of the media. Can be restricted within reason.
Galella v. Onassis
Certiorari
Injunction
Cantrell v. Forest City Publishing
37. 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
Appropriation of another's likeness for commercial profit
In re Closure of Voir Dire (People v. Lawrence)
Collins v. Detroit Free Press
38. In Michigan - there's an absolute right of public to be present during jury selection.
Injunction
In re Closure of Voir Dire (People v. Lawrence)
Shulman v. Group W. Productions
Arraignment
39. The press has no greater constitutional right to access penal facilities than any member of the general public
People of the State of Michigan v. Pastor
Houchins v. KQED Inc.
Nebraska Press Association. v. Stuart
Tickets
40. 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
Defenses of libel
41. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Hutchinson v. Proxmire
Time Inc. v. Hill
Fourth amendment
Libel Per Se
42. 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.
False light
Branzburg v. Hayes
Press-Enterprise v. Superior Court in Riverside
R.O. v. Ithaca City School District
43. Michigan is in ____ district court in ____ -____
Sixth amendmen
Evening News Association v. Troy
6th - cincinnati OH
Rouch 1
44. Written defamation which causes injury to another's reputation
Herbert v. Lando
Libel
R.O. v. Ithaca City School District
New York Times v. United States
45. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Precedent
District Court
Detroit Free Press v. Macomb Circuit Judge
Intrusion on physical solitude
46. 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.
5 Areas of privacy
Rouch 1
Private figure
Arraignment
47. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
Pretiral hearing
Shulman v. Group W. Productions
6th - cincinnati OH
Hustler Magazine v. Falwell
48. The declaration of a final judgment based on the evidence presented
Adjudication
Detroit Free Press v. Recorder's Court Judge
Qualified privilege
R.O. v. Ithaca City School District
49. 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.
Libel Per Se
Miami Herald Co. v. Tornillo
6th - cincinnati OH
R.O. v. Ithaca City School District
50. 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.
Gag order
Amicus curiae
Actual Damages
Circuit Court