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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. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Reporters Committee v. AT&T
5 Areas of privacy
Rouch 1
Irreparable harm
2. 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.
Fourth amendment
Hustler Magazine v. Falwell
Press-Enterprise v. Superior Court in Riverside
5 Areas of privacy
3. (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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4. Publication - identification - defamation - harm and damages
Morse v. Frederick
Miami Herald Co. v. Tornillo
Actual malice
5 Elements of libel
5. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
5 Elements of libel
Wolston v. Readers' Digest Association
Any civil matter
Precedent
6. Truth is only a defense in privacy cases when it's in a case of _______
Globe Newspapers v. Superior Court
False light
Certiorari
5 Areas of privacy
7. 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 Areas of privacy
A.Z. v. Jane Doe
Hutchinson v. Proxmire
Summary judgment
8. The power of authority of a particular court to hear and adjudicate matters in dispute
Jurisdiction
A.Z. v. Jane Doe
Alander
Detroit Free Press - Inc. v. Oakland County Sheriff
9. 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.
Tickets
Fourth amendment
Rosenbloom v. Metromedia
WXYZ v. Hand
10. 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.
Right to publicity
Publication of private matters that violate ordinary decency
R.O. v. Ithaca City School District
Hustler Magazine v. Falwell
11. Anything punishable by more than a year in jail
McIntosh v. The Detroit News
Qualified privilege
In re Times Publishing Co.
Felonies
12. In Michigan - booking photos are available to the public.
Detroit Free Press - Inc. v. Oakland County Sheriff
Booth Newspaper v. U of M Board of Regents
Freedom of information act
Doctrine of neutral reportage
13. 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
Public figure
Globe Newspapers v. Superior Court
Harte-Hanks Communications - Inc. v. Connaughton
Clark v. ABC
14. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.
5 Areas of privacy
Sipple v. Chronicle Publishing Company
Collins v. Detroit Free Press
Actual Damages
15. Broadcasters are immune from liability if political candidates defame someone while under section 315
Globe Newspapers v. Superior Court
Farmers Education Cooperative v. WDAY
Detroit Free Press - Inc. v. Oakland County Sheriff
Rouch 1
16. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
District Court
Cohen v. Cowles Media Co
Clark v. ABC
Milkovich v. Lorain Journal Co
17. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Freedom of Information Act
Rouch 2
Arraignment
McCracken v. Evening News Association
18. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
Kincaid v. Gibson
In re Times Publishing Co.
MCLA 750.520k
McIntosh v. The Detroit News
19. A court order preventing a person or group from doing or continuing to do a specific act.
Injunction
Detroit Free Press - Inc. v. Oakland County Sheriff
Globe Newspapers v. Superior Court
Zurcher v. Stanford Daily
20. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
Time Inc. v. Firestone
Defamation
U.S. v. Dickinson
Intrusion on physical solitude
21. 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.
Felonies
Adjudication
Kincaid v. Gibson
Freedom of Information Act
22. In Michigan - there's an absolute right of public to be present during jury selection.
Qualified privilege
Collins v. Detroit Free Press
In re Closure of Voir Dire (People v. Lawrence)
Libel
23. Money damages awarded to the injured party as compensation for a specific loss
Actual Damages
Cohen v. Cowles Media Co
Herbert v. Lando
Time Inc. v. Hill
24. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Private figure
Shepherd v. Maxwell
Appropriation of another's likeness for commercial profit
District Court
25. 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.
Food Lion - Inc - v. Capital Cities/ABC
Richmond Newspapers - Inc. v. Virginia
Branzburg v. Hayes
Eimann/Braun v. Soldier of Fortune Magazine
26. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Libel Perquod
Injunction
Defamation
Bradley v. Saranac Community Schools Board of Education
27. Recognized first amendment right of privacy for private figures against media.
Edwards v. National Audubon Society
Cantrell v. Forest City Publishing
Eimann/Braun v. Soldier of Fortune Magazine
New York Times v. United States
28. 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
In re Times Publishing Co.
McIntosh v. The Detroit News
5 Areas of privacy
Right to publicity
29. 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
Bay City Times v. City of Bay City
First amendment
Galella v. Onassis
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.
Actual Damages
Circuit Court
Reporters Committee v. AT&T
False light
31. 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
Doctrine of neutral reportage
Hazelwood v. Kuhlmeier
Tickets
Right to publicity
32. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Doctrine of neutral reportage
Circuit Court
Detroit Free Press v. Recorder's Court Judge
Time Inc. v. Hill
33. Prevents ISPs from liability except on copyright.
Clark v. ABC
False light
Certiorari
Dendrite v. John Does
34. No absolute right of access to members of the media. Can be restricted within reason.
Globe Newspapers v. Superior Court
Cohen v. Cowles Media Co
Certiorari
Galella v. Onassis
35. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
6th - cincinnati OH
Bay City Times v. City of Bay City
Irreparable harm
District Court
36. 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.
Rosenbloom v. Metromedia
Intrusion on physical solitude
Qualified privilege
Eric Jackson v. Eastern Michigan University Foundation
37. 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
Libel Per Se
Collins v. Detroit Free Press
Booth Newspaper v. U of M Board of Regents
New York Times v. United States
38. If the information is lawfully obtained - the defendant can't be held in contempt of court.
Cantrell v. Forest City Publishing
District Court
In re Times Publishing Co.
Adjudication
39. Have to have an open meeting when interviewing candidates for a public position.
Bay City Times v. City of Bay City
Herbert v. Lando
McIntosh v. The Detroit News
Libel
40. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Jurisdiction
Time Inc. v. Firestone
Dendrite v. John Does
People of the State of Michigan v. Pastor
41. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage
Tickets
Miami Herald Co. v. Tornillo
Edwards v. National Audubon Society
Defenses of libel
42. 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.
Detroit Free Press v. Macomb Circuit Judge
Clark v. ABC
Detroit Free Press - Inc. v. Oakland County Sheriff
Fair comment
43. 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.
Food Lion - Inc - v. Capital Cities/ABC
Florida Star v. B.J.F
Eimann/Braun v. Soldier of Fortune Magazine
Jurisdiction
44. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Michigan Federation of Teachers v. University of Michigan
Circuit Court
Rosenbloom v. Metromedia
Preliminary hearing
45. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Booth Newspapers v. City of Kalamazoo
Actual Damages
WXYZ v. Hand
A.Z. v. Jane Doe
46. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Irreparable harm
Actual Damages
Right to publicity
Herbert v. Lando
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)
New York Times v. Sullivan
WXYZ v. Hand
Rouch 2
Public figure
48. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.
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49. NYT actual malice rule is extended form just public officials to include public figures
U.S. v. Dickinson
Zacchini v. Scripps-Howard Broadcasting
Curtis Publishing v. Butts and AP v. Walker
Preliminary hearing
50. 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.
People of the State of Michigan v. Pastor
Hutchinson v. Proxmire
A.Z. v. Jane Doe
Tasini v. NYT