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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. 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
Hustler Magazine v. Falwell
WXYZ v. Hand
Milkovich v. Lorain Journal Co
2. If the information is lawfully obtained - the defendant can't be held in contempt of court.
Fourteenth amendment
Adjudication
District Court
In re Times Publishing Co.
3. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.
Snepp v. United States
False light
Gannett v. DePasquale
Adjudication
4. 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.
Hustler Magazine v. Falwell
Cox Broadcasting Corp. v. Cohn
Eimann/Braun v. Soldier of Fortune Magazine
Circuit Court
5. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Hazelwood v. Kuhlmeier
Shepherd v. Maxwell
Food Lion - Inc - v. Capital Cities/ABC
Milkovich v. Lorain Journal Co
6. 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.
5 Areas of privacy
Zurcher v. Stanford Daily
Actual malice
Michigan Federation of Teachers v. University of Michigan
7. 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.
Booth Newspapers v. City of Kalamazoo
Reporters Committee v. AT&T
Right to publicity
Kincaid v. Gibson
8. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Gertz v. Welch
Tickets
Federated Publications v. MSU Board of Trustees
Cantrell v. Forest City Publishing
9. There is liability even if the news organization reports both sides - if the sources are not credible.
Harte-Hanks Communications - Inc. v. Connaughton
Booth Newspapers v. City of Kalamazoo
Richmond Newspapers - Inc. v. Virginia
McIntosh v. The Detroit News
10. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
Harper & Row v. Nation Enterprises
Certiorari
Detroit Free Press v. Macomb Circuit Judge
A.Z. v. Jane Doe
11. (Privacy) Ex. Kim Kardashian's sex tape
Gannett v. DePasquale
Publication of private matters that violate ordinary decency
False light
Doctrine of neutral reportage
12. A court created device to weed out inadmissible evidence in advance of trial
New York Times v. United States
Midland Publishing Co v. District Judge
Felonies
Pretiral hearing
13. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Tasini v. NYT
District Court
New York Times v. United States
Shulman v. Group W. Productions
14. 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.
Summary judgment
Gag order
Lugosi v. Universal Pictures
Cohen v. Cowles Media Co
15. Recognized first amendment right of privacy for private figures against media.
Nebraska Press Association. v. Stuart
Cantrell v. Forest City Publishing
Booth Newspaper v. U of M Board of Regents
Rouch 1
16. (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.
17. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Detroit Free Press v. Recorder's Court Judge
Bradley v. Saranac Community Schools Board of Education
Publication of private matters that violate ordinary decency
Libel
18. 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.
Hutchinson v. Proxmire
Sixth amendmen
Intrusion on physical solitude
Shulman v. Group W. Productions
19. 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.
Eimann/Braun v. Soldier of Fortune Magazine
6th - cincinnati OH
Appropriation of another's likeness for commercial profit
Midland Publishing Co v. District Judge
20. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Doctrine of neutral reportage
People of the State of Michigan v. Pastor
Adjudication
Rosenbloom v. Metromedia
21. Friend of the court.
Actual Damages
Clark v. ABC
Amicus curiae
Farmers Education Cooperative v. WDAY
22. Requires certain information held by various federal and state agencies to be made available to the public unless the information falls under one of the exemptions.
5 Areas of privacy
Curtis Publishing v. Butts and AP v. Walker
Freedom of information act
Adjudication
23. 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.
Alander
Reporters Committee v. AT&T
Gertz v. Welch
Morse v. Frederick
24. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Cohen v. Cowles Media Co
Cox Broadcasting Corp. v. Cohn
Fourteenth amendment
Time Inc. v. Hill
25. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Galella v. Onassis
Eric Jackson v. Eastern Michigan University Foundation
Irreparable harm
WXYZ v. Hand
26. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Shulman v. Group W. Productions
Publication of private matters that violate ordinary decency
Appropriation of another's likeness for commercial profit
Fair comment
27. Michigan court trials have to remain open. Parts can be closed - but never all of the trial. M.C.L.A 750.520k only applies to pre-trial hearings.
Time Inc. v. Firestone
Detroit Free Press v. Macomb Circuit Judge
Public figure
Gag order
28. A person vs. a person (corporation can be a person too
Any civil matter
Circuit Court
Tickets
Time Inc. v. Pape
29. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.
Actual Damages
In re Closure of Voir Dire (People v. Lawrence)
Time Inc. v. Firestone
Detroit Free Press v. Macomb Circuit Judge
30. NYT actual malice rule is extended form just public officials to include public figures
District Court
Gannett v. DePasquale
A.Z. v. Jane Doe
Curtis Publishing v. Butts and AP v. Walker
31. The right of an individual to a speedy trial by an impartial jury - to be informed of the changes against them - to confront witnesses - the right to have compulsory proceedings to obtain witnesses in their favor - and the right to have assistance of
Defamation
Gertz v. Welch
Kincaid v. Gibson
Sixth amendmen
32. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
U.S. v. Dickinson
Adjudication
Sipple v. Chronicle Publishing Company
Pearson v. Dodd
33. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Defamation
U.S. v. Dickinson
A.Z. v. Jane Doe
Wilson v. Layne
34. 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.
Galella v. Onassis
McCracken v. Evening News Association
False light
Hazelwood v. Kuhlmeier
35. 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.
Cohen v. Cowles Media Co
State News v. Michigan State University
Masson v. New Yorker Magazine
Gannett v. DePasquale
36. 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.
Doctrine of neutral reportage
Wilson v. Layne
False light
Summary judgment
37. Written defamation which causes injury to another's reputation
Florida Star v. B.J.F
Cohen v. Cowles Media Co
Bradley v. Saranac Community Schools Board of Education
Libel
38. Prevents ISPs from liability except on copyright.
Zacchini v. Scripps-Howard Broadcasting
Cohen v. Cowles Media Co
6th - cincinnati OH
Dendrite v. John Does
39. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Detroit Free Press v. Recorder's Court Judge
Cohen v. Cowles Media Co
Michigan Federation of Teachers v. University of Michigan
Actual malice
40. 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
Midland Publishing Co v. District Judge
Freedom of Information Act
Branzburg v. Hayes
Michigan Federation of Teachers v. University of Michigan
41. The power of authority of a particular court to hear and adjudicate matters in dispute
Galella v. Onassis
U.S. v. Dickinson
Shulman v. Group W. Productions
Jurisdiction
42. 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
Snepp v. United States
Libel
Public figure
Arraignment
43. 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.
Sipple v. Chronicle Publishing Company
False light
Eric Jackson v. Eastern Michigan University Foundation
Booth Newspapers v. City of Kalamazoo
44. If you obtain material from a third party illegally - media are still protected and can publish.
Injunction
Adjudication
Pearson v. Dodd
Philadelphia Newspapers v. Hepps
45. School officials can prohibit students from displaying messages that promote illegal drug use.
Galella v. Onassis
6th - cincinnati OH
Morse v. Frederick
Fourteenth amendment
46. The declaration of a final judgment based on the evidence presented
Snepp v. United States
Detroit Free Press v. Macomb Circuit Judge
Felonies
Adjudication
47. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Civil contempt
Herbert v. Lando
Reporters Committee v. AT&T
In re Times Publishing Co.
48. Anything punishable by more than a year in jail
Hazelwood v. Kuhlmeier
Curtis Publishing v. Butts and AP v. Walker
Evening News Association v. Troy
Felonies
49. Michigan is in ____ district court in ____ -____
Any civil matter
Actual malice
Sixth amendmen
6th - cincinnati OH
50. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.