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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. 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.
Dendrite v. John Does
New York Times v. Sullivan
Circuit Court
Right to publicity
2. (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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3. 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
Florida Star v. B.J.F
Detroit Free Press v. Macomb Circuit Judge
MCLA 750.520k
Preliminary hearing
4. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Adjudication
A.Z. v. Jane Doe
Bradley v. Saranac Community Schools Board of Education
Snepp v. United States
5. Truth is only a defense in privacy cases when it's in a case of _______
Publication of private matters that violate ordinary decency
False light
Reporters Committee v. AT&T
McIntosh v. The Detroit News
6. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Michigan Federation of Teachers v. University of Michigan
Publication of private matters that violate ordinary decency
Fourteenth amendment
6th - cincinnati OH
7. Friend of the court.
U.S. v. Dickinson
New York Times v. United States
False light
Amicus curiae
8. In Michigan - booking photos are available to the public.
Detroit Free Press - Inc. v. Oakland County Sheriff
Rosenbloom v. Metromedia
Globe Newspapers v. Superior Court
Food Lion - Inc - v. Capital Cities/ABC
9. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Summary judgment
Rosenbloom v. Metromedia
Preliminary hearing
Freedom of Information Act
10. 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.
District Court
Federated Publications v. MSU Board of Trustees
Lugosi v. Universal Pictures
Booth Newspaper v. U of M Board of Regents
11. 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.
Freedom of information act
Philadelphia Newspapers v. Hepps
Florida Star v. B.J.F
Masson v. New Yorker Magazine
12. 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.
In re Closure of Voir Dire (People v. Lawrence)
Press-Enterprise v. Superior Court in Riverside
Kincaid v. Gibson
Intrusion on physical solitude
13. 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
Doctrine of neutral reportage
Public figure
Nebraska Press Association. v. Stuart
Midland Publishing Co v. District Judge
14. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Rouch 2
False light
Hazelwood v. Kuhlmeier
Bay City Times v. City of Bay City
15. 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.
Arraignment
Pretiral hearing
Zurcher v. Stanford Daily
Qualified privilege
16. Minor errors do not count as actual malice.
Philadelphia Newspapers v. Hepps
Right to publicity
Arraignment
Time Inc. v. Pape
17. 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
State News v. Michigan State University
Booth & Ann Arbor News v. EMU Board of Regents
R.O. v. Ithaca City School District
18. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Fourteenth amendment
Globe Newspapers v. Superior Court
Any civil matter
District Court
19. Spoken defamation which causes injury to a person's reputation
Doctrine of neutral reportage
Alander
Right to publicity
Adjudication
20. 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.
Food Lion - Inc - v. Capital Cities/ABC
Time Inc. v. Firestone
Preliminary hearing
Evening News Association v. Troy
21. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
District Court
Federated Publications v. MSU Board of Trustees
Fourteenth amendment
Eimann/Braun v. Soldier of Fortune Magazine
22. 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.
5 Areas of privacy
Detroit Free Press - Inc. v. Oakland County Sheriff
Edwards v. National Audubon Society
R.O. v. Ithaca City School District
23. No absolute right of access to members of the media. Can be restricted within reason.
Galella v. Onassis
District Court
First amendment
Florida Star v. B.J.F
24. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Lugosi v. Universal Pictures
Felonies
Actual Damages
Milkovich v. Lorain Journal Co
25. 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.
Evening News Association v. Troy
Branzburg v. Hayes
Pearson v. Dodd
Gertz v. Welch
26. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Zacchini v. Scripps-Howard Broadcasting
Time Inc. v. Hill
Detroit Free Press - Inc. v. Oakland County Sheriff
Rosenbloom v. Metromedia
27. 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.
Intrusion on physical solitude
Gertz v. Welch
Wilson v. Layne
Masson v. New Yorker Magazine
28. 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.
Freedom of Information Act
Booth Newspapers v. City of Kalamazoo
Houchins v. KQED Inc.
Tickets
29. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
U.S. v. Dickinson
Galella v. Onassis
Milkovich v. Lorain Journal Co
Gannett v. DePasquale
30. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Precedent
Civil contempt
Shulman v. Group W. Productions
5 Elements of libel
31. 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.
Tasini v. NYT
Intrusion on physical solitude
New York Times v. Sullivan
Food Lion - Inc - v. Capital Cities/ABC
32. The media must make sure that permission is acquired in commercial situations.
Precedent
Midland Publishing Co v. District Judge
Branzburg v. Hayes
Zacchini v. Scripps-Howard Broadcasting
33. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Jurisdiction
Pretiral hearing
Freedom of Information Act
Globe Newspapers v. Superior Court
34. 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.
Adjudication
Hutchinson v. Proxmire
Cox Broadcasting Corp. v. Cohn
Gannett v. DePasquale
35. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Press-Enterprise v. Superior Court in Riverside
Libel Per Se
Florida Star v. B.J.F
Gannett v. DePasquale
36. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.
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37. The power of authority of a particular court to hear and adjudicate matters in dispute
Miami Herald Co. v. Tornillo
Alander
Jurisdiction
Arraignment
38. 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.
6th - cincinnati OH
False light
WXYZ v. Hand
Intrusion on physical solitude
39. Reckless disregard for the truth; knowing falsity
Sipple v. Chronicle Publishing Company
Actual malice
False light
Press-Enterprise v. Superior Court in Riverside
40. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Booth Newspapers v. City of Kalamazoo
Miami Herald Co. v. Tornillo
Herbert v. Lando
Time Inc. v. Firestone
41. If you obtain material from a third party illegally - media are still protected and can publish.
Libel
Pearson v. Dodd
Intrusion on physical solitude
Injunction
42. In an invasion of privacy tort - the right an individual has to profit from their likeness - or to prevent others from gaining value for their own commercial benefit
Right to publicity
A.Z. v. Jane Doe
Kincaid v. Gibson
Federated Publications v. MSU Board of Trustees
43. A court order preventing a person or group from doing or continuing to do a specific act.
Injunction
Misdemeanor
First amendment
Felonies
44. 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.
Bradley v. Saranac Community Schools Board of Education
Reporters Committee v. AT&T
Sipple v. Chronicle Publishing Company
False light
45. 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
Time Inc. v. Firestone
Lugosi v. Universal Pictures
Collins v. Detroit Free Press
Tickets
46. Newspapers do not have an equal time requirement like broadcast has.
Right to publicity
First amendment
Miami Herald Co. v. Tornillo
Branzburg v. Hayes
47. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Globe Newspapers v. Superior Court
Cohen v. Cowles Media Co
Gertz v. Welch
Hazelwood v. Kuhlmeier
48. 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.
Time Inc. v. Hill
Intrusion on physical solitude
Gag order
Philadelphia Newspapers v. Hepps
49. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
People of the State of Michigan v. Pastor
Wolston v. Readers' Digest Association
False light
New York Times v. United States
50. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.
Wolston v. Readers' Digest Association
McCracken v. Evening News Association
Nebraska Press Association. v. Stuart
Eric Jackson v. Eastern Michigan University Foundation
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