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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. Prevents ISPs from liability except on copyright.
Harper & Row v. Nation Enterprises
Dendrite v. John Does
Right to publicity
Adjudication
2. 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
Midland Publishing Co v. District Judge
Detroit Free Press v. Recorder's Court Judge
Evening News Association v. Troy
3. (privacy) There are areas around you that are a 'zone of privacy'
Midland Publishing Co v. District Judge
Intrusion on physical solitude
A.Z. v. Jane Doe
Precedent
4. Criminal matters anything less than a year in jail
Misdemeanor
Harper & Row v. Nation Enterprises
Booth Newspaper v. U of M Board of Regents
Summary judgment
5. 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.
Press-Enterprise v. Superior Court in Riverside
Michigan Federation of Teachers v. University of Michigan
People of the State of Michigan v. Pastor
Detroit Free Press v. Macomb Circuit Judge
6. 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.
Cohen v. Cowles Media Co
Booth & Ann Arbor News v. EMU Board of Regents
Precedent
Hazelwood v. Kuhlmeier
7. 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.
Time Inc. v. Hill
Amicus curiae
R.O. v. Ithaca City School District
Federated Publications v. MSU Board of Trustees
8. Money damages awarded to the injured party as compensation for a specific loss
Civil contempt
Actual Damages
Globe Newspapers v. Superior Court
In re Times Publishing Co.
9. 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.
Detroit Free Press - Inc. v. Oakland County Sheriff
Misdemeanor
Gannett v. DePasquale
Farmers Education Cooperative v. WDAY
10. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
District Court
Detroit Free Press - Inc. v. Oakland County Sheriff
Jurisdiction
Injunction
11. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
5 Elements of libel
Sixth amendmen
McCracken v. Evening News Association
First amendment
12. The speech and debate clause only covers members of congress within the halls of congress - not outside of it. I.E. press releases - speeches - etc.
False light
MCLA 750.520k
Hutchinson v. Proxmire
Lugosi v. Universal Pictures
13. In Michigan - booking photos are available to the public.
Florida Star v. B.J.F
Right to publicity
Detroit Free Press - Inc. v. Oakland County Sheriff
6th - cincinnati OH
14. If a publication accurately prints something from a false public record document - they cannot be sued for libel.
MCLA 750.520k
Curtis Publishing v. Butts and AP v. Walker
People of the State of Michigan v. Pastor
McIntosh v. The Detroit News
15. Written defamation which causes injury to another's reputation
Tickets
Eimann/Braun v. Soldier of Fortune Magazine
Certiorari
Libel
16. Words that may be innocent on face - but facts make story damaging
Felonies
Publication of private matters that violate ordinary decency
Zurcher v. Stanford Daily
Libel Perquod
17. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Detroit Free Press - Inc. v. Oakland County Sheriff
Shepherd v. Maxwell
State News v. Michigan State University
Rouch 2
18. 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
Dendrite v. John Does
Collins v. Detroit Free Press
Clark v. ABC
Civil contempt
19. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Clark v. ABC
Publication of private matters that violate ordinary decency
Qualified privilege
Reporters Committee v. AT&T
20. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Preliminary hearing
Precedent
Booth Newspapers v. City of Kalamazoo
Shepherd v. Maxwell
21. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Publication of private matters that violate ordinary decency
Certiorari
Herbert v. Lando
Harte-Hanks Communications - Inc. v. Connaughton
22. First Amendment protects media to report information from official records available in open court.
Cox Broadcasting Corp. v. Cohn
Gertz v. Welch
Kincaid v. Gibson
Collins v. Detroit Free Press
23. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.
Gertz v. Welch
Harper & Row v. Nation Enterprises
Snepp v. United States
Richmond Newspapers - Inc. v. Virginia
24. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Eric Jackson v. Eastern Michigan University Foundation
Cohen v. Cowles Media Co
Dendrite v. John Does
Rouch 1
25. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Tickets
Precedent
Libel Perquod
Defamation
26. 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.
WXYZ v. Hand
False light
Fair comment
Booth Newspaper v. U of M Board of Regents
27. 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.
5 Elements of libel
Evening News Association v. Troy
Press-Enterprise v. Superior Court in Riverside
Intrusion on physical solitude
28. Failure to obey an order made by the court
Zacchini v. Scripps-Howard Broadcasting
Private figure
A.Z. v. Jane Doe
Civil contempt
29. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Clark v. ABC
Tickets
Any civil matter
Bradley v. Saranac Community Schools Board of Education
30. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.
Right to publicity
Sipple v. Chronicle Publishing Company
Felonies
Freedom of Information Act
31. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Nebraska Press Association. v. Stuart
Time Inc. v. Firestone
Doctrine of neutral reportage
Hutchinson v. Proxmire
32. (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
Reporters Committee v. AT&T
Collins v. Detroit Free Press
Midland Publishing Co v. District Judge
33. Civil cases when the amount in dispute is less than $25 -000
Tickets
False light
Detroit Free Press v. Recorder's Court Judge
Gag order
34. NYT actual malice rule is extended form just public officials to include public figures
Preliminary hearing
Hustler Magazine v. Falwell
Curtis Publishing v. Butts and AP v. Walker
Detroit Free Press v. Macomb Circuit Judge
35. 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
Philadelphia Newspapers v. Hepps
Felonies
Fair comment
Snepp v. United States
36. The government cannot censor. In order to exercise prior restraint - the Government must show sufficient evidence that the publication would cause a 'grave and irreparable' danger.
New York Times v. United States
Galella v. Onassis
Time Inc. v. Pape
Circuit Court
37. (Privacy) Ex. Kim Kardashian's sex tape
False light
Philadelphia Newspapers v. Hepps
Circuit Court
Publication of private matters that violate ordinary decency
38. 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.
Hutchinson v. Proxmire
Circuit Court
Irreparable harm
5 Elements of libel
39. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Freedom of information act
Amicus curiae
Preliminary hearing
Cohen v. Cowles Media Co
40. Friend of the court.
Amicus curiae
Clark v. ABC
Freedom of information act
Hustler Magazine v. Falwell
41. (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.
42. 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.
Intrusion on physical solitude
Philadelphia Newspapers v. Hepps
Certiorari
Booth & Ann Arbor News v. EMU Board of Regents
43. Police have to disclose incident report records. Do have to keep submitting FOIAs.
R.O. v. Ithaca City School District
Time Inc. v. Pape
State News v. Michigan State University
New York Times v. Sullivan
44. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Arraignment
Food Lion - Inc - v. Capital Cities/ABC
Gag order
Libel Per Se
45. The press has no greater constitutional right to access penal facilities than any member of the general public
Precedent
Houchins v. KQED Inc.
Morse v. Frederick
Irreparable harm
46. The media must make sure that permission is acquired in commercial situations.
Hazelwood v. Kuhlmeier
Amicus curiae
Harper & Row v. Nation Enterprises
Zacchini v. Scripps-Howard Broadcasting
47. There is a first amendment right of access to the public to cover and attend trials.
Publication of private matters that violate ordinary decency
Injunction
Richmond Newspapers - Inc. v. Virginia
District Court
48. 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)
New York Times v. Sullivan
Misdemeanor
Herbert v. Lando
Michigan Federation of Teachers v. University of Michigan
49. No liability for publishing information that was lawfully obtained.
Florida Star v. B.J.F
Eric Jackson v. Eastern Michigan University Foundation
District Court
People of the State of Michigan v. Pastor
50. Newspapers do not have an equal time requirement like broadcast has.
Injunction
Actual malice
Miami Herald Co. v. Tornillo
Herbert v. Lando