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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. Newspapers do not have an equal time requirement like broadcast has.
Lugosi v. Universal Pictures
Shulman v. Group W. Productions
Miami Herald Co. v. Tornillo
Dendrite v. John Does
2. The media must make sure that permission is acquired in commercial situations.
Zacchini v. Scripps-Howard Broadcasting
Milkovich v. Lorain Journal Co
People of the State of Michigan v. Pastor
Defamation
3. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'
Harper & Row v. Nation Enterprises
Gertz v. Welch
Felonies
State News v. Michigan State University
4. 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.
Rosenbloom v. Metromedia
Detroit Free Press v. Recorder's Court Judge
Freedom of information act
Gertz v. Welch
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.
Irreparable harm
Defenses of libel
Bay City Times v. City of Bay City
Detroit Free Press v. Macomb Circuit Judge
6. Failure to obey an order made by the court
Civil contempt
Jurisdiction
R.O. v. Ithaca City School District
Publication of private matters that violate ordinary decency
7. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Time Inc. v. Firestone
Rouch 2
District Court
Masson v. New Yorker Magazine
8. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Edwards v. National Audubon Society
New York Times v. Sullivan
Cohen v. Cowles Media Co
Freedom of information act
9. 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.
Harper & Row v. Nation Enterprises
Intrusion on physical solitude
Houchins v. KQED Inc.
Food Lion - Inc - v. Capital Cities/ABC
10. Police have to disclose incident report records. Do have to keep submitting FOIAs.
Qualified privilege
State News v. Michigan State University
Edwards v. National Audubon Society
Collins v. Detroit Free Press
11. 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.
Certiorari
Miami Herald Co. v. Tornillo
District Court
Qualified privilege
12. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Detroit Free Press v. Macomb Circuit Judge
Booth Newspapers v. City of Kalamazoo
Lugosi v. Universal Pictures
In re Times Publishing Co.
13. There is a first amendment right of access to the public to cover and attend trials.
Richmond Newspapers - Inc. v. Virginia
Right to publicity
False light
Shulman v. Group W. Productions
14. Permission given by SCOTUS to allow a case to be appealed
Actual malice
Reporters Committee v. AT&T
Tickets
Certiorari
15. 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.
People of the State of Michigan v. Pastor
Time Inc. v. Hill
Hutchinson v. Proxmire
Food Lion - Inc - v. Capital Cities/ABC
16. 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.
Summary judgment
Cohen v. Cowles Media Co
Freedom of information act
Libel Perquod
17. 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.
Edwards v. National Audubon Society
Evening News Association v. Troy
Defenses of libel
Arraignment
18. 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.
Arraignment
Booth & Ann Arbor News v. EMU Board of Regents
Adjudication
False light
19. The press has no greater constitutional right to access penal facilities than any member of the general public
Rouch 2
5 Elements of libel
Houchins v. KQED Inc.
Curtis Publishing v. Butts and AP v. Walker
20. Publication of private matters that violate ordinary decency - 2. Intrusion on physical solitude - 3. False light - 4. Appropriation of another's likeness for commercial profit - 5. Right to publicity
Misdemeanor
McCracken v. Evening News Association
Dendrite v. John Does
5 Areas of privacy
21. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
McCracken v. Evening News Association
Defenses of libel
Morse v. Frederick
Alander
22. Recognized first amendment right of privacy for private figures against media.
Libel Perquod
Cantrell v. Forest City Publishing
First amendment
Defenses of libel
23. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
MCLA 750.520k
New York Times v. Sullivan
Precedent
Dendrite v. John Does
24. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Right to publicity
Amicus curiae
Philadelphia Newspapers v. Hepps
5 Areas of privacy
25. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Publication of private matters that violate ordinary decency
Rouch 1
Intrusion on physical solitude
Fair comment
26. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
Misdemeanor
A.Z. v. Jane Doe
Masson v. New Yorker Magazine
Galella v. Onassis
27. 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
Detroit Free Press v. Recorder's Court Judge
Right to publicity
Milkovich v. Lorain Journal Co
28. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Eimann/Braun v. Soldier of Fortune Magazine
5 Elements of libel
Shepherd v. Maxwell
People of the State of Michigan v. Pastor
29. Prevents ISPs from liability except on copyright.
Time Inc. v. Hill
Dendrite v. John Does
Bradley v. Saranac Community Schools Board of Education
New York Times v. United States
30. First Amendment protects media to report information from official records available in open court.
MCLA 750.520k
False light
Cox Broadcasting Corp. v. Cohn
McCracken v. Evening News Association
31. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Qualified privilege
District Court
Publication of private matters that violate ordinary decency
Cohen v. Cowles Media Co
32. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.
Adjudication
Nebraska Press Association. v. Stuart
Galella v. Onassis
Snepp v. United States
33. (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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34. Limited decision. Closure of preliminary hearing is unconstitutional in California because they act as mini trials to ensure defendants right to a fair trial. Unique to that state however.
District Court
Wilson v. Layne
Press-Enterprise v. Superior Court in Riverside
Appropriation of another's likeness for commercial profit
35. 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.
McIntosh v. The Detroit News
Fourth amendment
Florida Star v. B.J.F
Hazelwood v. Kuhlmeier
36. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Food Lion - Inc - v. Capital Cities/ABC
U.S. v. Dickinson
Injunction
Michigan Federation of Teachers v. University of Michigan
37. There is a First amendment right of access to trials
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38. 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.
Hustler Magazine v. Falwell
Felonies
Preliminary hearing
MCLA 750.520k
39. 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.
Harte-Hanks Communications - Inc. v. Connaughton
Pearson v. Dodd
Masson v. New Yorker Magazine
Injunction
40. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.
Gertz v. Welch
District Court
Time Inc. v. Firestone
Shulman v. Group W. Productions
41. 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.
Rosenbloom v. Metromedia
Booth & Ann Arbor News v. EMU Board of Regents
Booth Newspaper v. U of M Board of Regents
Felonies
42. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Eimann/Braun v. Soldier of Fortune Magazine
Detroit Free Press v. Recorder's Court Judge
Zurcher v. Stanford Daily
Libel Per Se
43. Guarantees freedoms of speech - religion - press and assembly.
Masson v. New Yorker Magazine
Milkovich v. Lorain Journal Co
First amendment
Zurcher v. Stanford Daily
44. The declaration of a final judgment based on the evidence presented
Actual malice
District Court
Private figure
Adjudication
45. 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.
Time Inc. v. Hill
Hazelwood v. Kuhlmeier
6th - cincinnati OH
Food Lion - Inc - v. Capital Cities/ABC
46. Harm done which the law cannot remedy.
Irreparable harm
State News v. Michigan State University
Zacchini v. Scripps-Howard Broadcasting
Sixth amendmen
47. The power of authority of a particular court to hear and adjudicate matters in dispute
Libel Per Se
Actual malice
Jurisdiction
Collins v. Detroit Free Press
48. A court order preventing a person or group from doing or continuing to do a specific act.
Injunction
Wolston v. Readers' Digest Association
Dendrite v. John Does
Actual Damages
49. 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
Detroit Free Press v. Macomb Circuit Judge
Philadelphia Newspapers v. Hepps
Harper & Row v. Nation Enterprises
Press-Enterprise v. Superior Court in Riverside
50. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Wolston v. Readers' Digest Association
Actual Damages
WXYZ v. Hand
Zacchini v. Scripps-Howard Broadcasting