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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. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Rouch 2
Cantrell v. Forest City Publishing
Federated Publications v. MSU Board of Trustees
Zacchini v. Scripps-Howard Broadcasting
2. 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.
Freedom of information act
Reporters Committee v. AT&T
Evening News Association v. Troy
Felonies
3. 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
Bradley v. Saranac Community Schools Board of Education
Branzburg v. Hayes
5 Areas of privacy
Philadelphia Newspapers v. Hepps
4. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
A.Z. v. Jane Doe
Milkovich v. Lorain Journal Co
MCLA 750.520k
Actual Damages
5. (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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6. Incidental use of someone's image cold be an invasion of privacy or defamation.
Right to publicity
Clark v. ABC
Wilson v. Layne
Public figure
7. 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.
Publication of private matters that violate ordinary decency
Branzburg v. Hayes
6th - cincinnati OH
Private figure
8. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Edwards v. National Audubon Society
Wilson v. Layne
District Court
Right to publicity
9. 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.
Private figure
Defenses of libel
Gag order
In re Closure of Voir Dire (People v. Lawrence)
10. 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
Tasini v. NYT
MCLA 750.520k
First amendment
Morse v. Frederick
11. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
5 Elements of libel
R.O. v. Ithaca City School District
A.Z. v. Jane Doe
Irreparable harm
12. First Amendment protects media to report information from official records available in open court.
Libel Perquod
Philadelphia Newspapers v. Hepps
Cox Broadcasting Corp. v. Cohn
Eimann/Braun v. Soldier of Fortune Magazine
13. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Food Lion - Inc - v. Capital Cities/ABC
Any civil matter
First amendment
Shepherd v. Maxwell
14. 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.
Masson v. New Yorker Magazine
5 Areas of privacy
Detroit Free Press v. Recorder's Court Judge
New York Times v. United States
15. If a publication accurately prints something from a false public record document - they cannot be sued for libel.
Right to publicity
McIntosh v. The Detroit News
Morse v. Frederick
Circuit Court
16. NYT actual malice rule is extended form just public officials to include public figures
Curtis Publishing v. Butts and AP v. Walker
Rosenbloom v. Metromedia
Snepp v. United States
Collins v. Detroit Free Press
17. A court created device to weed out inadmissible evidence in advance of trial
Pretiral hearing
Felonies
Alander
Reporters Committee v. AT&T
18. 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.
People of the State of Michigan v. Pastor
Gag order
Pearson v. Dodd
Gertz v. Welch
19. Newspapers do not have an equal time requirement like broadcast has.
Richmond Newspapers - Inc. v. Virginia
State News v. Michigan State University
Edwards v. National Audubon Society
Miami Herald Co. v. Tornillo
20. A person vs. a person (corporation can be a person too
Private figure
Irreparable harm
People of the State of Michigan v. Pastor
Any civil matter
21. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Public figure
Tickets
Freedom of information act
People of the State of Michigan v. Pastor
22. 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
Sixth amendmen
Lugosi v. Universal Pictures
Detroit Free Press - Inc. v. Oakland County Sheriff
Hutchinson v. Proxmire
23. A court order preventing a person or group from doing or continuing to do a specific act.
Injunction
Branzburg v. Hayes
Booth & Ann Arbor News v. EMU Board of Regents
Hutchinson v. Proxmire
24. There is a First amendment right of access to trials
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25. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.
Food Lion - Inc - v. Capital Cities/ABC
Gannett v. DePasquale
Evening News Association v. Troy
Freedom of Information Act
26. 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.
McIntosh v. The Detroit News
Evening News Association v. Troy
Libel
Freedom of Information Act
27. (privacy) There are areas around you that are a 'zone of privacy'
Sipple v. Chronicle Publishing Company
Right to publicity
Intrusion on physical solitude
Alander
28. 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.
Booth Newspaper v. U of M Board of Regents
Injunction
Kincaid v. Gibson
Fourth amendment
29. No guarantee of immunity for media ride alongs.
Detroit Free Press v. Macomb Circuit Judge
Wilson v. Layne
New York Times v. United States
Nebraska Press Association. v. Stuart
30. Friend of the court.
District Court
Amicus curiae
Gag order
Private figure
31. Spoken defamation which causes injury to a person's reputation
Alander
Detroit Free Press v. Macomb Circuit Judge
McIntosh v. The Detroit News
Curtis Publishing v. Butts and AP v. Walker
32. School officials can prohibit students from displaying messages that promote illegal drug use.
Public figure
New York Times v. United States
State News v. Michigan State University
Morse v. Frederick
33. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Summary judgment
Cohen v. Cowles Media Co
Precedent
Right to publicity
34. 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.
Lugosi v. Universal Pictures
Fourteenth amendment
Libel Perquod
Circuit Court
35. 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
Fourteenth amendment
Rosenbloom v. Metromedia
Miami Herald Co. v. Tornillo
Right to publicity
36. Written defamation which causes injury to another's reputation
Bay City Times v. City of Bay City
Libel
Defenses of libel
Public figure
37. The power of authority of a particular court to hear and adjudicate matters in dispute
Nebraska Press Association. v. Stuart
Jurisdiction
Branzburg v. Hayes
Rosenbloom v. Metromedia
38. 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.
Florida Star v. B.J.F
5 Areas of privacy
False light
R.O. v. Ithaca City School District
39. Truth is only a defense in privacy cases when it's in a case of _______
Curtis Publishing v. Butts and AP v. Walker
Midland Publishing Co v. District Judge
False light
Lugosi v. Universal Pictures
40. Anything punishable by more than a year in jail
Fair comment
Felonies
Snepp v. United States
In re Closure of Voir Dire (People v. Lawrence)
41. 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.
Eric Jackson v. Eastern Michigan University Foundation
U.S. v. Dickinson
Sixth amendmen
Defenses of libel
42. 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
Intrusion on physical solitude
Gannett v. DePasquale
Pretiral hearing
Collins v. Detroit Free Press
43. No absolute right of access to members of the media. Can be restricted within reason.
Food Lion - Inc - v. Capital Cities/ABC
Actual Damages
Detroit Free Press v. Recorder's Court Judge
Galella v. Onassis
44. 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.
Civil contempt
State News v. Michigan State University
Fair comment
False light
45. No liability for publishing information that was lawfully obtained.
6th - cincinnati OH
Zurcher v. Stanford Daily
Florida Star v. B.J.F
New York Times v. Sullivan
46. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.
Irreparable harm
Herbert v. Lando
Civil contempt
Sipple v. Chronicle Publishing Company
47. Prevents ISPs from liability except on copyright.
Dendrite v. John Does
Public figure
Snepp v. United States
Defamation
48. Failure to obey an order made by the court
Private figure
Bay City Times v. City of Bay City
Wilson v. Layne
Civil contempt
49. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Cantrell v. Forest City Publishing
Collins v. Detroit Free Press
Evening News Association v. Troy
Libel Per Se
50. 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
6th - cincinnati OH
Booth & Ann Arbor News v. EMU Board of Regents
MCLA 750.520k