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Test your basic knowledge |
Journalism Law
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Study First
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. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Defamation
Private figure
Intrusion on physical solitude
Booth Newspaper v. U of M Board of Regents
2. Friend of the court.
Amicus curiae
Freedom of Information Act
Herbert v. Lando
Milkovich v. Lorain Journal Co
3. 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.
R.O. v. Ithaca City School District
Tasini v. NYT
First amendment
Time Inc. v. Firestone
4. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.
Libel Per Se
Tickets
Adjudication
Snepp v. United States
5. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
In re Closure of Voir Dire (People v. Lawrence)
Cohen v. Cowles Media Co
Cantrell v. Forest City Publishing
Herbert v. Lando
6. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Edwards v. National Audubon Society
Defamation
Right to publicity
People of the State of Michigan v. Pastor
7. First Amendment protects media to report information from official records available in open court.
Food Lion - Inc - v. Capital Cities/ABC
A.Z. v. Jane Doe
Cox Broadcasting Corp. v. Cohn
Pearson v. Dodd
8. Broadcasters are immune from liability if political candidates defame someone while under section 315
Right to publicity
Felonies
District Court
Farmers Education Cooperative v. WDAY
9. 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
Qualified privilege
Time Inc. v. Pape
Detroit Free Press v. Macomb Circuit Judge
10. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Time Inc. v. Hill
Herbert v. Lando
Michigan Federation of Teachers v. University of Michigan
Adjudication
11. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
5 Elements of libel
Libel Per Se
Detroit Free Press v. Macomb Circuit Judge
Food Lion - Inc - v. Capital Cities/ABC
12. Have to have an open meeting when interviewing candidates for a public position.
Bradley v. Saranac Community Schools Board of Education
Bay City Times v. City of Bay City
Farmers Education Cooperative v. WDAY
Fair comment
13. (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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14. Written defamation which causes injury to another's reputation
Shepherd v. Maxwell
In re Closure of Voir Dire (People v. Lawrence)
Branzburg v. Hayes
Libel
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.
Pretiral hearing
Jurisdiction
MCLA 750.520k
Hutchinson v. Proxmire
16. Michigan is in ____ district court in ____ -____
Time Inc. v. Hill
Sipple v. Chronicle Publishing Company
6th - cincinnati OH
Hazelwood v. Kuhlmeier
17. Money damages awarded to the injured party as compensation for a specific loss
Shulman v. Group W. Productions
Tickets
Actual Damages
Detroit Free Press v. Macomb Circuit Judge
18. 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
Freedom of Information Act
False light
Sipple v. Chronicle Publishing Company
Philadelphia Newspapers v. Hepps
19. 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.
Eimann/Braun v. Soldier of Fortune Magazine
6th - cincinnati OH
Actual malice
Masson v. New Yorker Magazine
20. No guarantee of immunity for media ride alongs.
Wilson v. Layne
Rouch 2
Press-Enterprise v. Superior Court in Riverside
Milkovich v. Lorain Journal Co
21. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Summary judgment
Kincaid v. Gibson
Precedent
Misdemeanor
22. 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
Midland Publishing Co v. District Judge
MCLA 750.520k
People of the State of Michigan v. Pastor
Right to publicity
23. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Cohen v. Cowles Media Co
Arraignment
Pearson v. Dodd
Zurcher v. Stanford Daily
24. 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.
Gertz v. Welch
Zacchini v. Scripps-Howard Broadcasting
Any civil matter
New York Times v. United States
25. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Right to publicity
Doctrine of neutral reportage
District Court
WXYZ v. Hand
26. No absolute right of access to members of the media. Can be restricted within reason.
Galella v. Onassis
Libel
Preliminary hearing
Precedent
27. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'
Branzburg v. Hayes
Harper & Row v. Nation Enterprises
Eimann/Braun v. Soldier of Fortune Magazine
Cohen v. Cowles Media Co
28. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.
Fair comment
Zacchini v. Scripps-Howard Broadcasting
Alander
Nebraska Press Association. v. Stuart
29. Reading of the charges against a person
Misdemeanor
Arraignment
False light
Private figure
30. 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.
Time Inc. v. Pape
Booth & Ann Arbor News v. EMU Board of Regents
Shulman v. Group W. Productions
In re Closure of Voir Dire (People v. Lawrence)
31. 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.
Injunction
Detroit Free Press - Inc. v. Oakland County Sheriff
Qualified privilege
Felonies
32. Anything punishable by more than a year in jail
Rouch 1
Booth Newspapers v. City of Kalamazoo
Collins v. Detroit Free Press
Felonies
33. 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
6th - cincinnati OH
Harper & Row v. Nation Enterprises
Detroit Free Press v. Macomb Circuit Judge
34. A court created device to weed out inadmissible evidence in advance of trial
WXYZ v. Hand
Gertz v. Welch
Pretiral hearing
Michigan Federation of Teachers v. University of Michigan
35. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Intrusion on physical solitude
Any civil matter
Milkovich v. Lorain Journal Co
Evening News Association v. Troy
36. In Michigan - there's an absolute right of public to be present during jury selection.
Qualified privilege
In re Closure of Voir Dire (People v. Lawrence)
Adjudication
Clark v. ABC
37. 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.
Rosenbloom v. Metromedia
Irreparable harm
Publication of private matters that violate ordinary decency
Rouch 2
38. If you knowingly run ads that advocate criminal activity - you can be held liable. Got off on the first case - but on the second case they should have known better.
Eimann/Braun v. Soldier of Fortune Magazine
Fourth amendment
Intrusion on physical solitude
Dendrite v. John Does
39. 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
Shepherd v. Maxwell
Fair comment
5 Areas of privacy
Houchins v. KQED Inc.
40. 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
Wilson v. Layne
Appropriation of another's likeness for commercial profit
False light
41. 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.
Freedom of information act
Fourth amendment
Civil contempt
Edwards v. National Audubon Society
42. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage
Right to publicity
Circuit Court
Federated Publications v. MSU Board of Trustees
Edwards v. National Audubon Society
43. (privacy) There are areas around you that are a 'zone of privacy'
Amicus curiae
Intrusion on physical solitude
Arraignment
Right to publicity
44. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.
Hazelwood v. Kuhlmeier
Hustler Magazine v. Falwell
Amicus curiae
Food Lion - Inc - v. Capital Cities/ABC
45. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Federated Publications v. MSU Board of Trustees
Detroit Free Press - Inc. v. Oakland County Sheriff
Jurisdiction
Herbert v. Lando
46. NYT actual malice rule is extended form just public officials to include public figures
Evening News Association v. Troy
Curtis Publishing v. Butts and AP v. Walker
Dendrite v. John Does
Bradley v. Saranac Community Schools Board of Education
47. 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)
Masson v. New Yorker Magazine
Libel
Right to publicity
New York Times v. Sullivan
48. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
Qualified privilege
Kincaid v. Gibson
Injunction
Libel
49. 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.
Precedent
Adjudication
6th - cincinnati OH
Branzburg v. Hayes
50. Police have to disclose incident report records. Do have to keep submitting FOIAs.
Booth Newspaper v. U of M Board of Regents
Injunction
Libel Per Se
State News v. Michigan State University
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