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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. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Evening News Association v. Troy
Time Inc. v. Pape
Globe Newspapers v. Superior Court
Fourteenth amendment
2. 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.
Actual Damages
Eimann/Braun v. Soldier of Fortune Magazine
Fair comment
Right to publicity
3. 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
Wilson v. Layne
Bay City Times v. City of Bay City
Public figure
Hustler Magazine v. Falwell
4. 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.
Cantrell v. Forest City Publishing
Houchins v. KQED Inc.
Freedom of Information Act
Branzburg v. Hayes
5. (Privacy) Ex. Kim Kardashian's sex tape
Irreparable harm
Publication of private matters that violate ordinary decency
McCracken v. Evening News Association
Jurisdiction
6. 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
Cox Broadcasting Corp. v. Cohn
Jurisdiction
Clark v. ABC
7. If a publication accurately prints something from a false public record document - they cannot be sued for libel.
Any civil matter
Certiorari
Sixth amendmen
McIntosh v. The Detroit News
8. 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
Reporters Committee v. AT&T
Time Inc. v. Pape
Branzburg v. Hayes
9. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
McCracken v. Evening News Association
Eimann/Braun v. Soldier of Fortune Magazine
Galella v. Onassis
Defamation
10. The burden of proof imposed on public officials extends to anyone involved in a matter of public concern - regardless of whether they were famous or unknown.
False light
Booth & Ann Arbor News v. EMU Board of Regents
Rosenbloom v. Metromedia
Richmond Newspapers - Inc. v. Virginia
11. 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.
Michigan Federation of Teachers v. University of Michigan
Booth & Ann Arbor News v. EMU Board of Regents
Richmond Newspapers - Inc. v. Virginia
Tasini v. NYT
12. 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
First amendment
Federated Publications v. MSU Board of Trustees
Intrusion on physical solitude
13. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage
Edwards v. National Audubon Society
Dendrite v. John Does
McCracken v. Evening News Association
Detroit Free Press v. Macomb Circuit Judge
14. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Right to publicity
Fourth amendment
Time Inc. v. Pape
Wilson v. Layne
15. Police have to disclose incident report records. Do have to keep submitting FOIAs.
Rosenbloom v. Metromedia
Farmers Education Cooperative v. WDAY
State News v. Michigan State University
Felonies
16. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
Eimann/Braun v. Soldier of Fortune Magazine
Shulman v. Group W. Productions
U.S. v. Dickinson
Midland Publishing Co v. District Judge
17. A proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.
Houchins v. KQED Inc.
Zurcher v. Stanford Daily
Publication of private matters that violate ordinary decency
Rosenbloom v. Metromedia
18. (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
Misdemeanor
False light
New York Times v. Sullivan
Herbert v. Lando
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
Publication of private matters that violate ordinary decency
Houchins v. KQED Inc.
MCLA 750.520k
Libel Per Se
20. Guarantees freedoms of speech - religion - press and assembly.
Rouch 2
First amendment
Irreparable harm
5 Areas of privacy
21. In Michigan - there's an absolute right of public to be present during jury selection.
Private figure
In re Closure of Voir Dire (People v. Lawrence)
Cantrell v. Forest City Publishing
Time Inc. v. Pape
22. Recognized first amendment right of privacy for private figures against media.
Sixth amendmen
Cantrell v. Forest City Publishing
Intrusion on physical solitude
Felonies
23. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'
Alander
Michigan Federation of Teachers v. University of Michigan
Harper & Row v. Nation Enterprises
Booth Newspapers v. City of Kalamazoo
24. Michigan is in ____ district court in ____ -____
Pearson v. Dodd
6th - cincinnati OH
Masson v. New Yorker Magazine
Herbert v. Lando
25. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Rouch 2
Federated Publications v. MSU Board of Trustees
Actual Damages
WXYZ v. Hand
26. 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.
Summary judgment
New York Times v. Sullivan
Freedom of information act
False light
27. First Amendment protects media to report information from official records available in open court.
Houchins v. KQED Inc.
5 Elements of libel
Cox Broadcasting Corp. v. Cohn
Harte-Hanks Communications - Inc. v. Connaughton
28. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Freedom of information act
Detroit Free Press v. Macomb Circuit Judge
Time Inc. v. Firestone
People of the State of Michigan v. Pastor
29. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
Arraignment
A.Z. v. Jane Doe
Libel Per Se
Publication of private matters that violate ordinary decency
30. 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.
Eimann/Braun v. Soldier of Fortune Magazine
Time Inc. v. Firestone
Hustler Magazine v. Falwell
Reporters Committee v. AT&T
31. Broadcasters are immune from liability if political candidates defame someone while under section 315
Libel Per Se
District Court
Farmers Education Cooperative v. WDAY
Intrusion on physical solitude
32. 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.
Fourteenth amendment
Herbert v. Lando
McIntosh v. The Detroit News
Intrusion on physical solitude
33. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Wolston v. Readers' Digest Association
Time Inc. v. Hill
Eric Jackson v. Eastern Michigan University Foundation
Intrusion on physical solitude
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.
Press-Enterprise v. Superior Court in Riverside
Doctrine of neutral reportage
Edwards v. National Audubon Society
Philadelphia Newspapers v. Hepps
35. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
State News v. Michigan State University
Kincaid v. Gibson
Adjudication
Time Inc. v. Firestone
36. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Philadelphia Newspapers v. Hepps
Morse v. Frederick
Irreparable harm
WXYZ v. Hand
37. 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
Any civil matter
Kincaid v. Gibson
False light
38. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.
Florida Star v. B.J.F
Lugosi v. Universal Pictures
Detroit Free Press v. Recorder's Court Judge
Time Inc. v. Firestone
39. The media must make sure that permission is acquired in commercial situations.
Zacchini v. Scripps-Howard Broadcasting
Sipple v. Chronicle Publishing Company
Actual Damages
Bay City Times v. City of Bay City
40. 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
Any civil matter
Appropriation of another's likeness for commercial profit
Preliminary hearing
41. A court created device to weed out inadmissible evidence in advance of trial
Rouch 2
Pretiral hearing
Masson v. New Yorker Magazine
Irreparable harm
42. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Eric Jackson v. Eastern Michigan University Foundation
False light
Shepherd v. Maxwell
Hutchinson v. Proxmire
43. 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)
Curtis Publishing v. Butts and AP v. Walker
New York Times v. Sullivan
Miami Herald Co. v. Tornillo
Jurisdiction
44. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
District Court
Florida Star v. B.J.F
Freedom of Information Act
Gag order
45. Reckless disregard for the truth; knowing falsity
Pretiral hearing
Fourth amendment
District Court
Actual malice
46. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Bradley v. Saranac Community Schools Board of Education
Gag order
Alander
Wolston v. Readers' Digest Association
47. Newspapers do not have an equal time requirement like broadcast has.
Felonies
Gannett v. DePasquale
District Court
Miami Herald Co. v. Tornillo
48. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Gag order
False light
Felonies
Milkovich v. Lorain Journal Co
49. A person vs. a person (corporation can be a person too
Any civil matter
Harper & Row v. Nation Enterprises
Defenses of libel
Doctrine of neutral reportage
50. 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.
Rosenbloom v. Metromedia
Milkovich v. Lorain Journal Co
Lugosi v. Universal Pictures
Tickets