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Test your basic knowledge |
Journalism Law
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Subject
:
journalism-and-media
Instructions:
Answer 50 questions in 15 minutes.
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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. Criminal matters anything less than a year in jail
Gannett v. DePasquale
Misdemeanor
Milkovich v. Lorain Journal Co
Freedom of information act
2. This protects the media from liability of defamatory statements made during official proceedings. The published story must be a fair and accurate account of what happened.
Amicus curiae
Qualified privilege
False light
Shepherd v. Maxwell
3. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Detroit Free Press v. Macomb Circuit Judge
Florida Star v. B.J.F
Defamation
Collins v. Detroit Free Press
4. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Fair comment
Rouch 2
Bay City Times v. City of Bay City
Farmers Education Cooperative v. WDAY
5. 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
Gag order
Philadelphia Newspapers v. Hepps
Houchins v. KQED Inc.
Herbert v. Lando
6. Publication - identification - defamation - harm and damages
Detroit Free Press - Inc. v. Oakland County Sheriff
Irreparable harm
5 Elements of libel
Masson v. New Yorker Magazine
7. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Wilson v. Layne
Irreparable harm
Right to publicity
Milkovich v. Lorain Journal Co
8. First Amendment protects media to report information from official records available in open court.
Cox Broadcasting Corp. v. Cohn
Arraignment
Cantrell v. Forest City Publishing
Defenses of libel
9. In Michigan - there's an absolute right of public to be present during jury selection.
In re Closure of Voir Dire (People v. Lawrence)
False light
Summary judgment
District Court
10. Friend of the court.
Jurisdiction
Booth Newspapers v. City of Kalamazoo
Amicus curiae
Arraignment
11. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Libel Per Se
Tasini v. NYT
Summary judgment
Bradley v. Saranac Community Schools Board of Education
12. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Rouch 1
Lugosi v. Universal Pictures
Right to publicity
Gag order
13. 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.
Food Lion - Inc - v. Capital Cities/ABC
Shepherd v. Maxwell
Curtis Publishing v. Butts and AP v. Walker
Gag order
14. 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.
Hazelwood v. Kuhlmeier
Morse v. Frederick
False light
Sixth amendmen
15. 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.
Miami Herald Co. v. Tornillo
Wilson v. Layne
State News v. Michigan State University
Freedom of Information Act
16. Spoken defamation which causes injury to a person's reputation
Alander
Preliminary hearing
Florida Star v. B.J.F
Sipple v. Chronicle Publishing Company
17. 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.
A.Z. v. Jane Doe
Curtis Publishing v. Butts and AP v. Walker
Galella v. Onassis
Reporters Committee v. AT&T
18. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Civil contempt
Houchins v. KQED Inc.
Preliminary hearing
Shulman v. Group W. Productions
19. 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.
Tasini v. NYT
Herbert v. Lando
Gannett v. DePasquale
Gertz v. Welch
20. 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.
Qualified privilege
Appropriation of another's likeness for commercial profit
Eimann/Braun v. Soldier of Fortune Magazine
Galella v. Onassis
21. If the information is lawfully obtained - the defendant can't be held in contempt of court.
In re Times Publishing Co.
Freedom of Information Act
Curtis Publishing v. Butts and AP v. Walker
Farmers Education Cooperative v. WDAY
22. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Appropriation of another's likeness for commercial profit
5 Areas of privacy
Globe Newspapers v. Superior Court
Eimann/Braun v. Soldier of Fortune Magazine
23. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Wilson v. Layne
Adjudication
Private figure
Booth Newspapers v. City of Kalamazoo
24. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
WXYZ v. Hand
New York Times v. United States
Adjudication
People of the State of Michigan v. Pastor
25. A court created device to weed out inadmissible evidence in advance of trial
Pretiral hearing
Sixth amendmen
Dendrite v. John Does
District Court
26. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
People of the State of Michigan v. Pastor
5 Elements of libel
Precedent
Misdemeanor
27. 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
Time Inc. v. Hill
In re Closure of Voir Dire (People v. Lawrence)
28. In Michigan - booking photos are available to the public.
Any civil matter
Wolston v. Readers' Digest Association
6th - cincinnati OH
Detroit Free Press - Inc. v. Oakland County Sheriff
29. 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
Gertz v. Welch
Evening News Association v. Troy
False light
30. 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.
Intrusion on physical solitude
Cox Broadcasting Corp. v. Cohn
Summary judgment
Booth Newspaper v. U of M Board of Regents
31. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.
Pearson v. Dodd
Snepp v. United States
Publication of private matters that violate ordinary decency
Food Lion - Inc - v. Capital Cities/ABC
32. The declaration of a final judgment based on the evidence presented
Harper & Row v. Nation Enterprises
Libel
Midland Publishing Co v. District Judge
Adjudication
33. Broadcasters are immune from liability if political candidates defame someone while under section 315
Actual Damages
Farmers Education Cooperative v. WDAY
Reporters Committee v. AT&T
A.Z. v. Jane Doe
34. The power of authority of a particular court to hear and adjudicate matters in dispute
Jurisdiction
Time Inc. v. Firestone
Michigan Federation of Teachers v. University of Michigan
Harper & Row v. Nation Enterprises
35. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Kincaid v. Gibson
Time Inc. v. Hill
Zurcher v. Stanford Daily
Right to publicity
36. Words that may be innocent on face - but facts make story damaging
Hutchinson v. Proxmire
Booth Newspapers v. City of Kalamazoo
Libel Perquod
Gag order
37. Incidental use of someone's image cold be an invasion of privacy or defamation.
Harte-Hanks Communications - Inc. v. Connaughton
5 Areas of privacy
Federated Publications v. MSU Board of Trustees
Clark v. ABC
38. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
District Court
Shulman v. Group W. Productions
Wolston v. Readers' Digest Association
Dendrite v. John Does
39. Guarantees people the right to be secure in their homes and property against unreasonable searches and seizures. Also protects against the issuance of a warrant without probable cause.
Intrusion on physical solitude
Fourth amendment
Actual Damages
Edwards v. National Audubon Society
40. (Privacy) Ex. Kim Kardashian's sex tape
McIntosh v. The Detroit News
Publication of private matters that violate ordinary decency
Appropriation of another's likeness for commercial profit
Bradley v. Saranac Community Schools Board of Education
41. 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.
Fourteenth amendment
McCracken v. Evening News Association
Lugosi v. Universal Pictures
Snepp v. United States
42. 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.
Wolston v. Readers' Digest Association
R.O. v. Ithaca City School District
Federated Publications v. MSU Board of Trustees
Food Lion - Inc - v. Capital Cities/ABC
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
Irreparable harm
Alander
Public figure
Galella v. Onassis
44. There is a first amendment right of access to the public to cover and attend trials.
Sixth amendmen
Hazelwood v. Kuhlmeier
Shepherd v. Maxwell
Richmond Newspapers - Inc. v. Virginia
45. Money damages awarded to the injured party as compensation for a specific loss
Wilson v. Layne
Any civil matter
Hustler Magazine v. Falwell
Actual Damages
46. Prevents ISPs from liability except on copyright.
Actual malice
Felonies
Zurcher v. Stanford Daily
Dendrite v. John Does
47. 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.
Cox Broadcasting Corp. v. Cohn
Fourth amendment
Booth Newspaper v. U of M Board of Regents
Press-Enterprise v. Superior Court in Riverside
48. Opinion - privilege - fair comment - truth - constitutional defenses
Cox Broadcasting Corp. v. Cohn
Evening News Association v. Troy
Defenses of libel
Snepp v. United States
49. 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.
Midland Publishing Co v. District Judge
Time Inc. v. Pape
False light
Booth & Ann Arbor News v. EMU Board of Regents
50. The media must make sure that permission is acquired in commercial situations.
Summary judgment
Zacchini v. Scripps-Howard Broadcasting
Masson v. New Yorker Magazine
Jurisdiction
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