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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. 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.
New York Times v. United States
Right to publicity
Pearson v. Dodd
Freedom of Information Act
2. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Intrusion on physical solitude
Hutchinson v. Proxmire
Rouch 1
Felonies
3. The media must make sure that permission is acquired in commercial situations.
Shulman v. Group W. Productions
Sixth amendmen
Zacchini v. Scripps-Howard Broadcasting
Pretiral hearing
4. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Any civil matter
Publication of private matters that violate ordinary decency
Doctrine of neutral reportage
Precedent
5. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.
Nebraska Press Association. v. Stuart
McIntosh v. The Detroit News
Booth Newspaper v. U of M Board of Regents
Fair comment
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.
R.O. v. Ithaca City School District
Appropriation of another's likeness for commercial profit
Hustler Magazine v. Falwell
Eric Jackson v. Eastern Michigan University Foundation
7. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
Curtis Publishing v. Butts and AP v. Walker
A.Z. v. Jane Doe
Galella v. Onassis
Felonies
8. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
False light
Public figure
Libel Per Se
Harper & Row v. Nation Enterprises
9. A court order preventing a person or group from doing or continuing to do a specific act.
Actual Damages
Injunction
5 Areas of privacy
Publication of private matters that violate ordinary decency
10. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Hutchinson v. Proxmire
Gertz v. Welch
Tasini v. NYT
Federated Publications v. MSU Board of Trustees
11. 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.
5 Elements of libel
Tasini v. NYT
Booth Newspapers v. City of Kalamazoo
Food Lion - Inc - v. Capital Cities/ABC
12. 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.
False light
Hazelwood v. Kuhlmeier
First amendment
Booth Newspaper v. U of M Board of Regents
13. Broadcasters are immune from liability if political candidates defame someone while under section 315
Farmers Education Cooperative v. WDAY
Libel Per Se
Freedom of Information Act
Shepherd v. Maxwell
14. Michigan is in ____ district court in ____ -____
6th - cincinnati OH
Harte-Hanks Communications - Inc. v. Connaughton
Booth Newspaper v. U of M Board of Regents
Public figure
15. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage
Booth Newspaper v. U of M Board of Regents
Appropriation of another's likeness for commercial profit
Zurcher v. Stanford Daily
Edwards v. National Audubon Society
16. Newspapers do not have an equal time requirement like broadcast has.
Right to publicity
Shulman v. Group W. Productions
Miami Herald Co. v. Tornillo
Detroit Free Press v. Recorder's Court Judge
17. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Miami Herald Co. v. Tornillo
Sipple v. Chronicle Publishing Company
New York Times v. Sullivan
Right to publicity
18. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
False light
Rouch 2
Branzburg v. Hayes
State News v. Michigan State University
19. Upon the request of the counsel or the victim - you can order that the names of the victim and actor and details of the alleged offense be suppressed until such time as the actor is arraigned - the charge is dismissed - or the case is otherwise concl
Bradley v. Saranac Community Schools Board of Education
Time Inc. v. Hill
Dendrite v. John Does
MCLA 750.520k
20. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Doctrine of neutral reportage
Defamation
McIntosh v. The Detroit News
Cohen v. Cowles Media Co
21. (Privacy) Ex. Kim Kardashian's sex tape
Publication of private matters that violate ordinary decency
Curtis Publishing v. Butts and AP v. Walker
Gag order
5 Areas of privacy
22. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Michigan Federation of Teachers v. University of Michigan
Pretiral hearing
Freedom of information act
Any civil matter
23. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
New York Times v. United States
Civil contempt
McCracken v. Evening News Association
Nebraska Press Association. v. Stuart
24. The declaration of a final judgment based on the evidence presented
Shepherd v. Maxwell
Sipple v. Chronicle Publishing Company
Adjudication
Circuit Court
25. 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.
Defenses of libel
Booth & Ann Arbor News v. EMU Board of Regents
Pretiral hearing
Eimann/Braun v. Soldier of Fortune Magazine
26. 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.
McIntosh v. The Detroit News
Booth & Ann Arbor News v. EMU Board of Regents
Pretiral hearing
Private figure
27. 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.
Florida Star v. B.J.F
Hutchinson v. Proxmire
Sixth amendmen
Private figure
28. 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)
Sixth amendmen
Private figure
Defenses of libel
New York Times v. Sullivan
29. If a publication accurately prints something from a false public record document - they cannot be sued for libel.
Intrusion on physical solitude
McIntosh v. The Detroit News
6th - cincinnati OH
New York Times v. United States
30. 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
Detroit Free Press v. Recorder's Court Judge
Collins v. Detroit Free Press
Doctrine of neutral reportage
Philadelphia Newspapers v. Hepps
31. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
U.S. v. Dickinson
Gannett v. DePasquale
Misdemeanor
Freedom of information act
32. In Michigan - there's an absolute right of public to be present during jury selection.
In re Closure of Voir Dire (People v. Lawrence)
Wilson v. Layne
Morse v. Frederick
Miami Herald Co. v. Tornillo
33. NYT actual malice rule is extended form just public officials to include public figures
New York Times v. United States
Bradley v. Saranac Community Schools Board of Education
Summary judgment
Curtis Publishing v. Butts and AP v. Walker
34. School officials can prohibit students from displaying messages that promote illegal drug use.
Snepp v. United States
Clark v. ABC
Morse v. Frederick
Lugosi v. Universal Pictures
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
Wilson v. Layne
Philadelphia Newspapers v. Hepps
Pretiral hearing
Kincaid v. Gibson
36. 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.
Herbert v. Lando
False light
Freedom of Information Act
Injunction
37. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Cohen v. Cowles Media Co
Florida Star v. B.J.F
MCLA 750.520k
Milkovich v. Lorain Journal Co
38. 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
Booth Newspapers v. City of Kalamazoo
District Court
Zacchini v. Scripps-Howard Broadcasting
39. There is a First amendment right of access to trials
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40. 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.
Fourth amendment
R.O. v. Ithaca City School District
Hustler Magazine v. Falwell
Freedom of information act
41. 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.
Detroit Free Press v. Macomb Circuit Judge
In re Closure of Voir Dire (People v. Lawrence)
False light
Arraignment
42. Recognized first amendment right of privacy for private figures against media.
Time Inc. v. Firestone
Cantrell v. Forest City Publishing
Defamation
Masson v. New Yorker Magazine
43. 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.
Food Lion - Inc - v. Capital Cities/ABC
Reporters Committee v. AT&T
Pearson v. Dodd
Florida Star v. B.J.F
44. No liability for publishing information that was lawfully obtained.
Pretiral hearing
5 Areas of privacy
Clark v. ABC
Florida Star v. B.J.F
45. 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.
Qualified privilege
Cohen v. Cowles Media Co
Felonies
Alander
46. Truth is only a defense in privacy cases when it's in a case of _______
Arraignment
False light
Edwards v. National Audubon Society
5 Areas of privacy
47. First Amendment protects media to report information from official records available in open court.
Cox Broadcasting Corp. v. Cohn
Kincaid v. Gibson
Publication of private matters that violate ordinary decency
6th - cincinnati OH
48. A person vs. a person (corporation can be a person too
Arraignment
In re Times Publishing Co.
Precedent
Any civil matter
49. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
6th - cincinnati OH
Globe Newspapers v. Superior Court
Fourteenth amendment
Detroit Free Press - Inc. v. Oakland County Sheriff
50. 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.
Circuit Court
Gannett v. DePasquale
Summary judgment
Branzburg v. Hayes