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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. 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
Dendrite v. John Does
Right to publicity
Tasini v. NYT
Detroit Free Press - Inc. v. Oakland County Sheriff
2. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.
MCLA 750.520k
False light
False light
Time Inc. v. Firestone
3. The power of authority of a particular court to hear and adjudicate matters in dispute
Lugosi v. Universal Pictures
5 Areas of privacy
Time Inc. v. Pape
Jurisdiction
4. Incidental use of someone's image cold be an invasion of privacy or defamation.
Certiorari
Clark v. ABC
Doctrine of neutral reportage
Michigan Federation of Teachers v. University of Michigan
5. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Intrusion on physical solitude
Rouch 1
Right to publicity
Preliminary hearing
6. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
U.S. v. Dickinson
Circuit Court
Appropriation of another's likeness for commercial profit
Hazelwood v. Kuhlmeier
7. 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
New York Times v. United States
Publication of private matters that violate ordinary decency
Detroit Free Press v. Macomb Circuit Judge
8. 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.
Time Inc. v. Firestone
Fair comment
Adjudication
Collins v. Detroit Free Press
9. 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
Hutchinson v. Proxmire
Pretiral hearing
False light
10. Michigan is in ____ district court in ____ -____
Freedom of Information Act
6th - cincinnati OH
Felonies
Fourteenth amendment
11. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Shepherd v. Maxwell
Harte-Hanks Communications - Inc. v. Connaughton
Booth Newspaper v. U of M Board of Regents
Civil contempt
12. 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.
5 Areas of privacy
Snepp v. United States
Masson v. New Yorker Magazine
Reporters Committee v. AT&T
13. 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
Philadelphia Newspapers v. Hepps
Farmers Education Cooperative v. WDAY
Fourth amendment
Fourteenth amendment
14. Harm done which the law cannot remedy.
Galella v. Onassis
Irreparable harm
Pearson v. Dodd
Summary judgment
15. 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
Detroit Free Press v. Macomb Circuit Judge
Amicus curiae
Collins v. Detroit Free Press
Freedom of information act
16. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Houchins v. KQED Inc.
In re Closure of Voir Dire (People v. Lawrence)
Eric Jackson v. Eastern Michigan University Foundation
Rouch 2
17. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
Zurcher v. Stanford Daily
MCLA 750.520k
Shulman v. Group W. Productions
Civil contempt
18. School officials can prohibit students from displaying messages that promote illegal drug use.
Evening News Association v. Troy
Preliminary hearing
Civil contempt
Morse v. Frederick
19. No absolute right of access to members of the media. Can be restricted within reason.
Booth Newspapers v. City of Kalamazoo
Galella v. Onassis
New York Times v. United States
District Court
20. 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
Dendrite v. John Does
Time Inc. v. Pape
Florida Star v. B.J.F
21. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Rouch 1
Libel
Gertz v. Welch
Harper & Row v. Nation Enterprises
22. 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.
Any civil matter
Philadelphia Newspapers v. Hepps
Summary judgment
Jurisdiction
23. 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.
Alander
Rosenbloom v. Metromedia
Right to publicity
Circuit Court
24. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
Edwards v. National Audubon Society
Publication of private matters that violate ordinary decency
Private figure
McCracken v. Evening News Association
25. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Cohen v. Cowles Media Co
Florida Star v. B.J.F
False light
5 Areas of privacy
26. (Privacy) Ex. Kim Kardashian's sex tape
Publication of private matters that violate ordinary decency
Doctrine of neutral reportage
False light
State News v. Michigan State University
27. 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
New York Times v. Sullivan
Time Inc. v. Firestone
Fair comment
28. Money damages awarded to the injured party as compensation for a specific loss
Branzburg v. Hayes
MCLA 750.520k
Lugosi v. Universal Pictures
Actual Damages
29. 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.
R.O. v. Ithaca City School District
Publication of private matters that violate ordinary decency
False light
Precedent
30. 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
Booth Newspapers v. City of Kalamazoo
Gertz v. Welch
Tickets
31. Civil cases when the amount in dispute is less than $25 -000
Tickets
Appropriation of another's likeness for commercial profit
5 Areas of privacy
Circuit Court
32. In Michigan - there's an absolute right of public to be present during jury selection.
Precedent
In re Closure of Voir Dire (People v. Lawrence)
Hutchinson v. Proxmire
Midland Publishing Co v. District Judge
33. 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
Richmond Newspapers - Inc. v. Virginia
Defamation
First amendment
34. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
Eimann/Braun v. Soldier of Fortune Magazine
Fourteenth amendment
Qualified privilege
Detroit Free Press - Inc. v. Oakland County Sheriff
35. 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.
Rouch 2
Shepherd v. Maxwell
Cantrell v. Forest City Publishing
Eimann/Braun v. Soldier of Fortune Magazine
36. 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
Precedent
Galella v. Onassis
Time Inc. v. Firestone
37. A court created device to weed out inadmissible evidence in advance of trial
Sixth amendmen
Pearson v. Dodd
Pretiral hearing
5 Areas of privacy
38. The media must make sure that permission is acquired in commercial situations.
Zacchini v. Scripps-Howard Broadcasting
Irreparable harm
Libel Per Se
Morse v. Frederick
39. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Bradley v. Saranac Community Schools Board of Education
Eric Jackson v. Eastern Michigan University Foundation
Gag order
Rosenbloom v. Metromedia
40. A court order preventing a person or group from doing or continuing to do a specific act.
Lugosi v. Universal Pictures
Houchins v. KQED Inc.
Injunction
Alander
41. Recognized first amendment right of privacy for private figures against media.
Bay City Times v. City of Bay City
Civil contempt
Cantrell v. Forest City Publishing
Houchins v. KQED Inc.
42. 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.
Harper & Row v. Nation Enterprises
Tasini v. NYT
Philadelphia Newspapers v. Hepps
Zurcher v. Stanford Daily
43. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Public figure
Kincaid v. Gibson
Time Inc. v. Hill
McIntosh v. The Detroit News
44. Have to have an open meeting when interviewing candidates for a public position.
Farmers Education Cooperative v. WDAY
Florida Star v. B.J.F
Wilson v. Layne
Bay City Times v. City of Bay City
45. Criminal matters anything less than a year in jail
Circuit Court
New York Times v. United States
Injunction
Misdemeanor
46. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Herbert v. Lando
Harper & Row v. Nation Enterprises
Morse v. Frederick
Booth Newspaper v. U of M Board of Regents
47. 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.
Hutchinson v. Proxmire
Booth & Ann Arbor News v. EMU Board of Regents
Arraignment
Shulman v. Group W. Productions
48. 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)
District Court
New York Times v. Sullivan
Wolston v. Readers' Digest Association
Booth Newspaper v. U of M Board of Regents
49. A person vs. a person (corporation can be a person too
Any civil matter
U.S. v. Dickinson
Masson v. New Yorker Magazine
Shepherd v. Maxwell
50. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Detroit Free Press - Inc. v. Oakland County Sheriff
Michigan Federation of Teachers v. University of Michigan
Rouch 1
Cantrell v. Forest City Publishing