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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. 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
Detroit Free Press v. Recorder's Court Judge
Collins v. Detroit Free Press
2. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Public figure
Cohen v. Cowles Media Co
Injunction
McCracken v. Evening News Association
3. 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
Detroit Free Press - Inc. v. Oakland County Sheriff
Philadelphia Newspapers v. Hepps
MCLA 750.520k
Fourth amendment
4. Have to have an open meeting when interviewing candidates for a public position.
Tickets
Bay City Times v. City of Bay City
Libel
Snepp v. United States
5. Spoken defamation which causes injury to a person's reputation
Houchins v. KQED Inc.
Eric Jackson v. Eastern Michigan University Foundation
Alander
Preliminary hearing
6. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
A.Z. v. Jane Doe
Right to publicity
McIntosh v. The Detroit News
Dendrite v. John Does
7. (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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8. The power of authority of a particular court to hear and adjudicate matters in dispute
Jurisdiction
Adjudication
6th - cincinnati OH
Any civil matter
9. 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
Evening News Association v. Troy
Galella v. Onassis
Philadelphia Newspapers v. Hepps
Midland Publishing Co v. District Judge
10. NYT actual malice rule is extended form just public officials to include public figures
Curtis Publishing v. Butts and AP v. Walker
Zacchini v. Scripps-Howard Broadcasting
State News v. Michigan State University
Private figure
11. Publication - identification - defamation - harm and damages
5 Elements of libel
Hutchinson v. Proxmire
Milkovich v. Lorain Journal Co
Kincaid v. Gibson
12. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Dendrite v. John Does
Federated Publications v. MSU Board of Trustees
Fourteenth amendment
McCracken v. Evening News Association
13. 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.
Injunction
Time Inc. v. Hill
Qualified privilege
Eimann/Braun v. Soldier of Fortune Magazine
14. Reckless disregard for the truth; knowing falsity
Fourteenth amendment
Actual malice
Intrusion on physical solitude
Any civil matter
15. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
McCracken v. Evening News Association
Edwards v. National Audubon Society
Sixth amendmen
Tickets
16. 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.
Harper & Row v. Nation Enterprises
Hustler Magazine v. Falwell
Evening News Association v. Troy
Time Inc. v. Pape
17. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Fourth amendment
Booth Newspapers v. City of Kalamazoo
Publication of private matters that violate ordinary decency
MCLA 750.520k
18. Recognized first amendment right of privacy for private figures against media.
Pearson v. Dodd
Cantrell v. Forest City Publishing
Michigan Federation of Teachers v. University of Michigan
R.O. v. Ithaca City School District
19. Opinion - privilege - fair comment - truth - constitutional defenses
R.O. v. Ithaca City School District
Defenses of libel
State News v. Michigan State University
Bay City Times v. City of Bay City
20. 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.
Branzburg v. Hayes
Shepherd v. Maxwell
Reporters Committee v. AT&T
Rosenbloom v. Metromedia
21. Written defamation which causes injury to another's reputation
Libel
Detroit Free Press v. Recorder's Court Judge
In re Times Publishing Co.
Defenses of libel
22. A court order preventing a person or group from doing or continuing to do a specific act.
Injunction
Federated Publications v. MSU Board of Trustees
Arraignment
Branzburg v. Hayes
23. Broadcasters are immune from liability if political candidates defame someone while under section 315
Right to publicity
Farmers Education Cooperative v. WDAY
Circuit Court
Summary judgment
24. 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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25. 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. United States
Hutchinson v. Proxmire
R.O. v. Ithaca City School District
Galella v. Onassis
26. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Sipple v. Chronicle Publishing Company
Detroit Free Press v. Recorder's Court Judge
People of the State of Michigan v. Pastor
Sixth amendmen
27. 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
Appropriation of another's likeness for commercial profit
Summary judgment
Public figure
Snepp v. United States
28. 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
Eric Jackson v. Eastern Michigan University Foundation
Miami Herald Co. v. Tornillo
Doctrine of neutral reportage
29. 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
Houchins v. KQED Inc.
Bradley v. Saranac Community Schools Board of Education
Press-Enterprise v. Superior Court in Riverside
30. 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
Hustler Magazine v. Falwell
Eric Jackson v. Eastern Michigan University Foundation
Eimann/Braun v. Soldier of Fortune Magazine
31. (Privacy) Ex. Kim Kardashian's sex tape
Detroit Free Press v. Macomb Circuit Judge
Publication of private matters that violate ordinary decency
Eimann/Braun v. Soldier of Fortune Magazine
Cantrell v. Forest City Publishing
32. Money damages awarded to the injured party as compensation for a specific loss
Pearson v. Dodd
Actual Damages
Tasini v. NYT
Wilson v. Layne
33. Permission given by SCOTUS to allow a case to be appealed
Zurcher v. Stanford Daily
Public figure
Libel Per Se
Certiorari
34. (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
Midland Publishing Co v. District Judge
Tasini v. NYT
Adjudication
False light
35. 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.
Certiorari
False light
Booth & Ann Arbor News v. EMU Board of Regents
Alander
36. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
McIntosh v. The Detroit News
Michigan Federation of Teachers v. University of Michigan
Hustler Magazine v. Falwell
Libel Perquod
37. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Time Inc. v. Hill
Gag order
Press-Enterprise v. Superior Court in Riverside
Richmond Newspapers - Inc. v. Virginia
38. 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
Morse v. Frederick
Branzburg v. Hayes
Injunction
39. Civil cases when the amount in dispute is less than $25 -000
Tickets
Right to publicity
Publication of private matters that violate ordinary decency
Alander
40. The right to exploit one's name and likeness is personal to the artist and must be exercised - if at all - by him during his lifetime.' This resulted in a loss of inheriting personality rights in California.
Lugosi v. Universal Pictures
Sipple v. Chronicle Publishing Company
McIntosh v. The Detroit News
Gag order
41. Michigan is in ____ district court in ____ -____
Nebraska Press Association. v. Stuart
Farmers Education Cooperative v. WDAY
Fair comment
6th - cincinnati OH
42. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Detroit Free Press - Inc. v. Oakland County Sheriff
Kincaid v. Gibson
Freedom of information act
Publication of private matters that violate ordinary decency
43. 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.
Shulman v. Group W. Productions
Rosenbloom v. Metromedia
Misdemeanor
Masson v. New Yorker Magazine
44. A person vs. a person (corporation can be a person too
Time Inc. v. Pape
Any civil matter
False light
Evening News Association v. Troy
45. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
False light
Kincaid v. Gibson
Publication of private matters that violate ordinary decency
A.Z. v. Jane Doe
46. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
District Court
Certiorari
Farmers Education Cooperative v. WDAY
Globe Newspapers v. Superior Court
47. 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
Evening News Association v. Troy
McCracken v. Evening News Association
False light
48. For the purpose of defamation - a person who does not have regular - continuing access to the media - or on matters of public controversy. These individuals have a lesser burden of proof under most state libel laws.
Hutchinson v. Proxmire
Private figure
Rouch 1
U.S. v. Dickinson
49. Police have to disclose incident report records. Do have to keep submitting FOIAs.
State News v. Michigan State University
Gertz v. Welch
Press-Enterprise v. Superior Court in Riverside
Felonies
50. 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.
False light
Gannett v. DePasquale
Branzburg v. Hayes
District Court