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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. Reckless disregard for the truth; knowing falsity
Doctrine of neutral reportage
Actual malice
Galella v. Onassis
Detroit Free Press v. Macomb Circuit Judge
2. Truth is only a defense in privacy cases when it's in a case of _______
Right to publicity
False light
Harte-Hanks Communications - Inc. v. Connaughton
Detroit Free Press v. Macomb Circuit Judge
3. If a publication accurately prints something from a false public record document - they cannot be sued for libel.
Intrusion on physical solitude
Hustler Magazine v. Falwell
McIntosh v. The Detroit News
Nebraska Press Association. v. Stuart
4. 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
Booth & Ann Arbor News v. EMU Board of Regents
Right to publicity
Wolston v. Readers' Digest Association
Sixth amendmen
5. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Booth Newspaper v. U of M Board of Regents
People of the State of Michigan v. Pastor
False light
Rouch 1
6. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage
State News v. Michigan State University
Booth Newspaper v. U of M Board of Regents
Defamation
Edwards v. National Audubon Society
7. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Certiorari
District Court
Midland Publishing Co v. District Judge
Harte-Hanks Communications - Inc. v. Connaughton
8. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Florida Star v. B.J.F
Pretiral hearing
Precedent
New York Times v. United States
9. 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
MCLA 750.520k
Philadelphia Newspapers v. Hepps
Summary judgment
Bradley v. Saranac Community Schools Board of Education
10. Money damages awarded to the injured party as compensation for a specific loss
Defenses of libel
Actual Damages
Press-Enterprise v. Superior Court in Riverside
R.O. v. Ithaca City School District
11. 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.
Wilson v. Layne
Shulman v. Group W. Productions
District Court
Private figure
12. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Publication of private matters that violate ordinary decency
Sipple v. Chronicle Publishing Company
Bradley v. Saranac Community Schools Board of Education
Eric Jackson v. Eastern Michigan University Foundation
13. Newspapers do not have an equal time requirement like broadcast has.
Actual Damages
Miami Herald Co. v. Tornillo
People of the State of Michigan v. Pastor
Shulman v. Group W. Productions
14. 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.
New York Times v. Sullivan
Alander
Right to publicity
R.O. v. Ithaca City School District
15. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Rouch 1
First amendment
Federated Publications v. MSU Board of Trustees
McCracken v. Evening News Association
16. 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
Food Lion - Inc - v. Capital Cities/ABC
Public figure
Publication of private matters that violate ordinary decency
Shepherd v. Maxwell
17. Permission given by SCOTUS to allow a case to be appealed
Right to publicity
Certiorari
Morse v. Frederick
Bay City Times v. City of Bay City
18. 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.
Alander
Cox Broadcasting Corp. v. Cohn
Libel
Eric Jackson v. Eastern Michigan University Foundation
19. 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.
Right to publicity
Harper & Row v. Nation Enterprises
Detroit Free Press v. Macomb Circuit Judge
Summary judgment
20. 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)
Booth Newspapers v. City of Kalamazoo
Circuit Court
New York Times v. Sullivan
District Court
21. 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.
Jurisdiction
McIntosh v. The Detroit News
Bradley v. Saranac Community Schools Board of Education
Gag order
22. 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.
Circuit Court
Defenses of libel
Booth & Ann Arbor News v. EMU Board of Regents
Eimann/Braun v. Soldier of Fortune Magazine
23. 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.
Eric Jackson v. Eastern Michigan University Foundation
Libel
Masson v. New Yorker Magazine
Lugosi v. Universal Pictures
24. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.
Freedom of Information Act
Milkovich v. Lorain Journal Co
Richmond Newspapers - Inc. v. Virginia
Snepp v. United States
25. Civil cases when the amount in dispute is less than $25 -000
Jurisdiction
People of the State of Michigan v. Pastor
Tickets
Irreparable harm
26. Harm done which the law cannot remedy.
Eric Jackson v. Eastern Michigan University Foundation
Any civil matter
Time Inc. v. Hill
Irreparable harm
27. The power of authority of a particular court to hear and adjudicate matters in dispute
Jurisdiction
Food Lion - Inc - v. Capital Cities/ABC
Richmond Newspapers - Inc. v. Virginia
First amendment
28. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Publication of private matters that violate ordinary decency
5 Areas of privacy
Gag order
Rosenbloom v. Metromedia
29. 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.
Evening News Association v. Troy
5 Elements of libel
Libel Perquod
Hazelwood v. Kuhlmeier
30. 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.
False light
Private figure
People of the State of Michigan v. Pastor
Misdemeanor
31. 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.
Booth Newspapers v. City of Kalamazoo
A.Z. v. Jane Doe
Masson v. New Yorker Magazine
Libel
32. 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
Gannett v. DePasquale
In re Closure of Voir Dire (People v. Lawrence)
Evening News Association v. Troy
33. Criminal matters anything less than a year in jail
Misdemeanor
Preliminary hearing
New York Times v. Sullivan
Evening News Association v. Troy
34. A form of qualified privilege which gives the media the right to publish articles as long as opinions are based on relevent facts. These aretiles include opinion - columns - editorials - book reviews - movie reviews - etc.
Fair comment
Rosenbloom v. Metromedia
Sipple v. Chronicle Publishing Company
Right to publicity
35. 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
Kincaid v. Gibson
First amendment
Lugosi v. Universal Pictures
36. The press has no greater constitutional right to access penal facilities than any member of the general public
Hutchinson v. Proxmire
Houchins v. KQED Inc.
Public figure
Certiorari
37. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Gertz v. Welch
First amendment
Shepherd v. Maxwell
Detroit Free Press v. Recorder's Court Judge
38. Have to have an open meeting when interviewing candidates for a public position.
Bay City Times v. City of Bay City
Time Inc. v. Firestone
Reporters Committee v. AT&T
Defamation
39. First Amendment protects media to report information from official records available in open court.
Time Inc. v. Firestone
Misdemeanor
Cox Broadcasting Corp. v. Cohn
New York Times v. United States
40. No absolute right of access to members of the media. Can be restricted within reason.
Globe Newspapers v. Superior Court
Miami Herald Co. v. Tornillo
Clark v. ABC
Galella v. Onassis
41. 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
Curtis Publishing v. Butts and AP v. Walker
Booth Newspaper v. U of M Board of Regents
Collins v. Detroit Free Press
Right to publicity
42. Minor errors do not count as actual malice.
Time Inc. v. Pape
Curtis Publishing v. Butts and AP v. Walker
Alander
U.S. v. Dickinson
43. If the information is lawfully obtained - the defendant can't be held in contempt of court.
Jurisdiction
In re Times Publishing Co.
Sixth amendmen
Bay City Times v. City of Bay City
44. There is liability even if the news organization reports both sides - if the sources are not credible.
Hustler Magazine v. Falwell
Harte-Hanks Communications - Inc. v. Connaughton
Irreparable harm
Tickets
45. 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.
Press-Enterprise v. Superior Court in Riverside
Misdemeanor
Detroit Free Press - Inc. v. Oakland County Sheriff
Fourteenth amendment
46. 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
5 Areas of privacy
5 Elements of libel
Masson v. New Yorker Magazine
Detroit Free Press v. Recorder's Court Judge
47. 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
Cox Broadcasting Corp. v. Cohn
Detroit Free Press - Inc. v. Oakland County Sheriff
Midland Publishing Co v. District Judge
Jurisdiction
48. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
MCLA 750.520k
Precedent
Hazelwood v. Kuhlmeier
Kincaid v. Gibson
49. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Globe Newspapers v. Superior Court
Farmers Education Cooperative v. WDAY
Hustler Magazine v. Falwell
First amendment
50. There is a First amendment right of access to trials
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