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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. 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.
Shulman v. Group W. Productions
Booth Newspaper v. U of M Board of Regents
Eric Jackson v. Eastern Michigan University Foundation
5 Areas of privacy
2. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Cohen v. Cowles Media Co
Libel
Public figure
Lugosi v. Universal Pictures
3. 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
Gannett v. DePasquale
Right to publicity
Publication of private matters that violate ordinary decency
4. Guarantees freedoms of speech - religion - press and assembly.
Jurisdiction
First amendment
Defenses of libel
Shulman v. Group W. Productions
5. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Public figure
Dendrite v. John Does
Rouch 2
Food Lion - Inc - v. Capital Cities/ABC
6. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Booth Newspaper v. U of M Board of Regents
WXYZ v. Hand
Wolston v. Readers' Digest Association
Shepherd v. Maxwell
7. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Fair comment
In re Closure of Voir Dire (People v. Lawrence)
Zurcher v. Stanford Daily
Preliminary hearing
8. 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
Michigan Federation of Teachers v. University of Michigan
Rouch 1
District Court
9. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Rouch 1
Eric Jackson v. Eastern Michigan University Foundation
Public figure
Publication of private matters that violate ordinary decency
10. No guarantee of immunity for media ride alongs.
Defamation
People of the State of Michigan v. Pastor
Richmond Newspapers - Inc. v. Virginia
Wilson v. Layne
11. If the information is lawfully obtained - the defendant can't be held in contempt of court.
In re Times Publishing Co.
WXYZ v. Hand
R.O. v. Ithaca City School District
Intrusion on physical solitude
12. The media must make sure that permission is acquired in commercial situations.
Farmers Education Cooperative v. WDAY
Zacchini v. Scripps-Howard Broadcasting
District Court
Booth Newspapers v. City of Kalamazoo
13. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
Shulman v. Group W. Productions
Lugosi v. Universal Pictures
Libel Perquod
6th - cincinnati OH
14. Criminal matters anything less than a year in jail
R.O. v. Ithaca City School District
Misdemeanor
6th - cincinnati OH
Gertz v. Welch
15. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
U.S. v. Dickinson
Harte-Hanks Communications - Inc. v. Connaughton
Herbert v. Lando
Preliminary hearing
16. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Eric Jackson v. Eastern Michigan University Foundation
Intrusion on physical solitude
Booth Newspapers v. City of Kalamazoo
People of the State of Michigan v. Pastor
17. 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
Harte-Hanks Communications - Inc. v. Connaughton
Public figure
Preliminary hearing
18. 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.
Tickets
Eimann/Braun v. Soldier of Fortune Magazine
6th - cincinnati OH
Right to publicity
19. 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
Collins v. Detroit Free Press
5 Areas of privacy
In re Times Publishing Co.
Hazelwood v. Kuhlmeier
20. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged
Time Inc. v. Pape
Tickets
Defamation
New York Times v. United States
21. 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.
Tickets
Hustler Magazine v. Falwell
Fourth amendment
Appropriation of another's likeness for commercial profit
22. Words that may be innocent on face - but facts make story damaging
Time Inc. v. Pape
Doctrine of neutral reportage
Libel Perquod
False light
23. 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.
Gertz v. Welch
Zacchini v. Scripps-Howard Broadcasting
Press-Enterprise v. Superior Court in Riverside
R.O. v. Ithaca City School District
24. 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.
Houchins v. KQED Inc.
Evening News Association v. Troy
U.S. v. Dickinson
Rouch 2
25. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating an educational purpose.
Hazelwood v. Kuhlmeier
Tickets
Cantrell v. Forest City Publishing
Clark v. ABC
26. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Clark v. ABC
Globe Newspapers v. Superior Court
U.S. v. Dickinson
Philadelphia Newspapers v. Hepps
27. 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
In re Times Publishing Co.
Tasini v. NYT
Evening News Association v. Troy
28. Written defamation which causes injury to another's reputation
Detroit Free Press v. Recorder's Court Judge
Libel
Arraignment
Gannett v. DePasquale
29. The press has no greater constitutional right to access penal facilities than any member of the general public
Gannett v. DePasquale
Houchins v. KQED Inc.
Hutchinson v. Proxmire
Hustler Magazine v. Falwell
30. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
5 Elements of libel
Globe Newspapers v. Superior Court
McCracken v. Evening News Association
Injunction
31. (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
Zurcher v. Stanford Daily
In re Closure of Voir Dire (People v. Lawrence)
False light
Federated Publications v. MSU Board of Trustees
32. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
Fourteenth amendment
Private figure
Appropriation of another's likeness for commercial profit
Circuit Court
33. There is a first amendment right of access to the public to cover and attend trials.
Richmond Newspapers - Inc. v. Virginia
Sixth amendmen
Detroit Free Press v. Macomb Circuit Judge
Time Inc. v. Hill
34. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Rouch 2
Time Inc. v. Hill
Midland Publishing Co v. District Judge
Publication of private matters that violate ordinary decency
35. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
In re Closure of Voir Dire (People v. Lawrence)
Milkovich v. Lorain Journal Co
Curtis Publishing v. Butts and AP v. Walker
Gannett v. DePasquale
36. Publication - identification - defamation - harm and damages
5 Elements of libel
Globe Newspapers v. Superior Court
Nebraska Press Association. v. Stuart
Clark v. ABC
37. 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.
R.O. v. Ithaca City School District
Bradley v. Saranac Community Schools Board of Education
Masson v. New Yorker Magazine
False light
38. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
False light
Eric Jackson v. Eastern Michigan University Foundation
Federated Publications v. MSU Board of Trustees
Cox Broadcasting Corp. v. Cohn
39. 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.
Freedom of Information Act
Time Inc. v. Firestone
Alander
Fair comment
40. 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
State News v. Michigan State University
Clark v. ABC
Qualified privilege
41. 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.
Branzburg v. Hayes
District Court
Intrusion on physical solitude
Alander
42. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Harper & Row v. Nation Enterprises
Fourteenth amendment
MCLA 750.520k
Doctrine of neutral reportage
43. 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.
Gannett v. DePasquale
Cox Broadcasting Corp. v. Cohn
Precedent
Hustler Magazine v. Falwell
44. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Qualified privilege
Rouch 2
Tasini v. NYT
People of the State of Michigan v. Pastor
45. Recognized first amendment right of privacy for private figures against media.
Cantrell v. Forest City Publishing
Detroit Free Press v. Recorder's Court Judge
Curtis Publishing v. Butts and AP v. Walker
Precedent
46. 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.
Zacchini v. Scripps-Howard Broadcasting
Booth & Ann Arbor News v. EMU Board of Regents
Cohen v. Cowles Media Co
Publication of private matters that violate ordinary decency
47. 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.
Felonies
Summary judgment
Rouch 1
Pretiral hearing
48. A court created device to weed out inadmissible evidence in advance of trial
Right to publicity
Rouch 2
Pretiral hearing
A.Z. v. Jane Doe
49. Permission given by SCOTUS to allow a case to be appealed
Rouch 2
Press-Enterprise v. Superior Court in Riverside
Qualified privilege
Certiorari
50. 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.
Injunction
Wolston v. Readers' Digest Association
Rouch 2
Intrusion on physical solitude