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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. Incidental use of someone's image cold be an invasion of privacy or defamation.
Clark v. ABC
Branzburg v. Hayes
Federated Publications v. MSU Board of Trustees
Bradley v. Saranac Community Schools Board of Education
2. Have to have an open meeting when interviewing candidates for a public position.
Time Inc. v. Hill
MCLA 750.520k
Rouch 1
Bay City Times v. City of Bay City
3. NYT actual malice rule is extended form just public officials to include public figures
Curtis Publishing v. Butts and AP v. Walker
Clark v. ABC
Evening News Association v. Troy
Sixth amendmen
4. 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
Houchins v. KQED Inc.
Philadelphia Newspapers v. Hepps
Detroit Free Press v. Recorder's Court Judge
Gannett v. DePasquale
5. There is a First amendment right of access to trials
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6. 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.
Curtis Publishing v. Butts and AP v. Walker
Hutchinson v. Proxmire
Detroit Free Press - Inc. v. Oakland County Sheriff
Circuit Court
7. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
People of the State of Michigan v. Pastor
Florida Star v. B.J.F
Doctrine of neutral reportage
Gannett v. DePasquale
8. Spoken defamation which causes injury to a person's reputation
Publication of private matters that violate ordinary decency
In re Times Publishing Co.
Alander
Defamation
9. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
Time Inc. v. Firestone
Injunction
Freedom of Information Act
District Court
10. An order issued by the court to prevent attorneys and witnesses from discussing the case outside the courtroom - or reporters from publishing information obtained during a court proceeding.
Doctrine of neutral reportage
Gag order
Zurcher v. Stanford Daily
Libel
11. No absolute right of access to members of the media. Can be restricted within reason.
Irreparable harm
District Court
Pretiral hearing
Galella v. Onassis
12. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Appropriation of another's likeness for commercial profit
Pretiral hearing
Hutchinson v. Proxmire
Publication of private matters that violate ordinary decency
13. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Morse v. Frederick
Dendrite v. John Does
Edwards v. National Audubon Society
Libel Per Se
14. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Rouch 1
A.Z. v. Jane Doe
New York Times v. Sullivan
Food Lion - Inc - v. Capital Cities/ABC
15. Michigan is in ____ district court in ____ -____
6th - cincinnati OH
Federated Publications v. MSU Board of Trustees
First amendment
People of the State of Michigan v. Pastor
16. Written defamation which causes injury to another's reputation
Libel
Press-Enterprise v. Superior Court in Riverside
Civil contempt
In re Times Publishing Co.
17. 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
Public figure
Preliminary hearing
Libel
18. 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.
New York Times v. Sullivan
New York Times v. United States
Eimann/Braun v. Soldier of Fortune Magazine
Edwards v. National Audubon Society
19. Words that may be innocent on face - but facts make story damaging
U.S. v. Dickinson
R.O. v. Ithaca City School District
Lugosi v. Universal Pictures
Libel Perquod
20. Recognized first amendment right of privacy for private figures against media.
Qualified privilege
Morse v. Frederick
Cantrell v. Forest City Publishing
False light
21. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Defenses of libel
Gag order
6th - cincinnati OH
Michigan Federation of Teachers v. University of Michigan
22. Anything punishable by more than a year in jail
Pearson v. Dodd
Felonies
Collins v. Detroit Free Press
District Court
23. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'
Edwards v. National Audubon Society
Cantrell v. Forest City Publishing
Harper & Row v. Nation Enterprises
Defamation
24. 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.
Nebraska Press Association. v. Stuart
Fourteenth amendment
Shulman v. Group W. Productions
R.O. v. Ithaca City School District
25. A person vs. a person (corporation can be a person too
Any civil matter
Rouch 1
Dendrite v. John Does
New York Times v. United States
26. A court created device to weed out inadmissible evidence in advance of trial
Pretiral hearing
Precedent
Intrusion on physical solitude
Civil contempt
27. Friend of the court.
Edwards v. National Audubon Society
Amicus curiae
In re Times Publishing Co.
Injunction
28. There is a first amendment right of access to the public to cover and attend trials.
Hustler Magazine v. Falwell
False light
A.Z. v. Jane Doe
Richmond Newspapers - Inc. v. Virginia
29. 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
Cohen v. Cowles Media Co
Public figure
30. 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.
Detroit Free Press - Inc. v. Oakland County Sheriff
Any civil matter
Branzburg v. Hayes
First amendment
31. 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
In re Times Publishing Co.
Detroit Free Press v. Recorder's Court Judge
Libel Perquod
32. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
McIntosh v. The Detroit News
Freedom of information act
Philadelphia Newspapers v. Hepps
District Court
33. 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.
Detroit Free Press v. Macomb Circuit Judge
Time Inc. v. Hill
Eric Jackson v. Eastern Michigan University Foundation
Circuit Court
34. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
District Court
Galella v. Onassis
5 Areas of privacy
Bradley v. Saranac Community Schools Board of Education
35. 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)
Publication of private matters that violate ordinary decency
False light
New York Times v. Sullivan
Pretiral hearing
36. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.
Freedom of Information Act
Defamation
Time Inc. v. Firestone
Zurcher v. Stanford Daily
37. As long as speech was about a public official (figure) could not reasonably be construed to state actual facts about its subject - it is protected by the first amendment.
Time Inc. v. Pape
Alander
Kincaid v. Gibson
Hustler Magazine v. Falwell
38. 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.
Milkovich v. Lorain Journal Co
Fourth amendment
Freedom of information act
Alander
39. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
Bay City Times v. City of Bay City
Fourteenth amendment
Clark v. ABC
WXYZ v. Hand
40. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Zurcher v. Stanford Daily
WXYZ v. Hand
Eric Jackson v. Eastern Michigan University Foundation
Freedom of Information Act
41. Reckless disregard for the truth; knowing falsity
Actual malice
Jurisdiction
Morse v. Frederick
Defamation
42. 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
Collins v. Detroit Free Press
Press-Enterprise v. Superior Court in Riverside
Sipple v. Chronicle Publishing Company
43. In Michigan - booking photos are available to the public.
Miami Herald Co. v. Tornillo
Irreparable harm
Detroit Free Press - Inc. v. Oakland County Sheriff
False light
44. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Milkovich v. Lorain Journal Co
Harper & Row v. Nation Enterprises
Qualified privilege
District Court
45. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
6th - cincinnati OH
McCracken v. Evening News Association
Pretiral hearing
Doctrine of neutral reportage
46. 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
Booth Newspapers v. City of Kalamazoo
A.Z. v. Jane Doe
Globe Newspapers v. Superior Court
47. Reading of the charges against a person
Pretiral hearing
Arraignment
Booth Newspapers v. City of Kalamazoo
Cox Broadcasting Corp. v. Cohn
48. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Actual malice
Cohen v. Cowles Media Co
R.O. v. Ithaca City School District
Booth & Ann Arbor News v. EMU Board of Regents
49. (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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50. Newspapers do not have an equal time requirement like broadcast has.
Miami Herald Co. v. Tornillo
Rosenbloom v. Metromedia
6th - cincinnati OH
Collins v. Detroit Free Press