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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. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Edwards v. National Audubon Society
Michigan Federation of Teachers v. University of Michigan
Eric Jackson v. Eastern Michigan University Foundation
Libel Per Se
2. If the information is lawfully obtained - the defendant can't be held in contempt of court.
In re Times Publishing Co.
Preliminary hearing
Masson v. New Yorker Magazine
Eimann/Braun v. Soldier of Fortune Magazine
3. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Jurisdiction
Right to publicity
Intrusion on physical solitude
Preliminary hearing
4. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Milkovich v. Lorain Journal Co
Globe Newspapers v. Superior Court
In re Times Publishing Co.
Florida Star v. B.J.F
5. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
WXYZ v. Hand
Rosenbloom v. Metromedia
Rouch 1
5 Elements of libel
6. 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.
Public figure
Hustler Magazine v. Falwell
Right to publicity
False light
7. A person vs. a person (corporation can be a person too
Fourteenth amendment
Rosenbloom v. Metromedia
Any civil matter
McIntosh v. The Detroit News
8. 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.
Certiorari
Gertz v. Welch
Federated Publications v. MSU Board of Trustees
District Court
9. 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
Certiorari
Collins v. Detroit Free Press
Nebraska Press Association. v. Stuart
Philadelphia Newspapers v. Hepps
10. 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.
Harper & Row v. Nation Enterprises
Reporters Committee v. AT&T
Preliminary hearing
Right to publicity
11. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Cohen v. Cowles Media Co
Harper & Row v. Nation Enterprises
Right to publicity
Fourteenth amendment
12. Prevents ISPs from liability except on copyright.
Precedent
Preliminary hearing
Dendrite v. John Does
Pearson v. Dodd
13. 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.
Hustler Magazine v. Falwell
Lugosi v. Universal Pictures
Eric Jackson v. Eastern Michigan University Foundation
Alander
14. No absolute right of access to members of the media. Can be restricted within reason.
Galella v. Onassis
Reporters Committee v. AT&T
A.Z. v. Jane Doe
Wolston v. Readers' Digest Association
15. Money damages awarded to the injured party as compensation for a specific loss
Dendrite v. John Does
Defamation
Rosenbloom v. Metromedia
Actual Damages
16. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage
Arraignment
U.S. v. Dickinson
Edwards v. National Audubon Society
Misdemeanor
17. If you get the information from outside sources - you can publish it. MCL 750.520k does not constitute an unlawful prior restraint on publication. Rather - the statute directs that the court file be withheld from the public
Midland Publishing Co v. District Judge
Zurcher v. Stanford Daily
McIntosh v. The Detroit News
Freedom of information act
18. Reckless disregard for the truth; knowing falsity
Fourth amendment
In re Closure of Voir Dire (People v. Lawrence)
Richmond Newspapers - Inc. v. Virginia
Actual malice
19. If you obtain material from a third party illegally - media are still protected and can publish.
Time Inc. v. Firestone
Farmers Education Cooperative v. WDAY
Bay City Times v. City of Bay City
Pearson v. Dodd
20. Permission given by SCOTUS to allow a case to be appealed
Certiorari
Actual malice
Precedent
Qualified privilege
21. 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.
Gag order
Cohen v. Cowles Media Co
Irreparable harm
False light
22. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Clark v. ABC
Booth Newspapers v. City of Kalamazoo
Civil contempt
Public figure
23. The power of authority of a particular court to hear and adjudicate matters in dispute
5 Areas of privacy
Jurisdiction
Edwards v. National Audubon Society
Doctrine of neutral reportage
24. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
Felonies
5 Areas of privacy
Libel
District Court
25. Michigan is in ____ district court in ____ -____
New York Times v. Sullivan
6th - cincinnati OH
Public figure
Federated Publications v. MSU Board of Trustees
26. There is a First amendment right of access to trials
27. In an invasion of privacy tort - an action that characterizes a person falsely. Often the person is misrepresented by quoting out of context - the careless use of photos or cutlines - or by using a picture from one story as a picture for another.
False light
Reporters Committee v. AT&T
Morse v. Frederick
Booth Newspapers v. City of Kalamazoo
28. 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.
Cantrell v. Forest City Publishing
Detroit Free Press v. Recorder's Court Judge
5 Areas of privacy
Private figure
29. 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.
Fair comment
McCracken v. Evening News Association
Publication of private matters that violate ordinary decency
Hutchinson v. Proxmire
30. 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.
Wilson v. Layne
Time Inc. v. Pape
A.Z. v. Jane Doe
Fair comment
31. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Tasini v. NYT
Time Inc. v. Hill
5 Areas of privacy
Michigan Federation of Teachers v. University of Michigan
32. (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
Libel Per Se
False light
Michigan Federation of Teachers v. University of Michigan
Morse v. Frederick
33. 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.
Circuit Court
Summary judgment
Wolston v. Readers' Digest Association
Rosenbloom v. Metromedia
34. 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.
Actual Damages
Fourth amendment
Libel Perquod
Irreparable harm
35. Anything punishable by more than a year in jail
Kincaid v. Gibson
Felonies
Adjudication
Libel Per Se
36. First Amendment protects media to report information from official records available in open court.
False light
Branzburg v. Hayes
Cox Broadcasting Corp. v. Cohn
Circuit Court
37. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
Libel
Cohen v. Cowles Media Co
Fourteenth amendment
Kincaid v. Gibson
38. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
Libel Per Se
Fourth amendment
People of the State of Michigan v. Pastor
Rosenbloom v. Metromedia
39. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Doctrine of neutral reportage
Time Inc. v. Firestone
Michigan Federation of Teachers v. University of Michigan
New York Times v. United States
40. 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
Hustler Magazine v. Falwell
Gannett v. DePasquale
Private figure
41. NYT actual malice rule is extended form just public officials to include public figures
New York Times v. United States
McIntosh v. The Detroit News
Curtis Publishing v. Butts and AP v. Walker
Private figure
42. Friend of the court.
Morse v. Frederick
Lugosi v. Universal Pictures
Amicus curiae
Tickets
43. 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.
Michigan Federation of Teachers v. University of Michigan
Rouch 1
Evening News Association v. Troy
Private figure
44. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
Intrusion on physical solitude
Freedom of information act
Preliminary hearing
District Court
45. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Edwards v. National Audubon Society
Felonies
Shepherd v. Maxwell
Detroit Free Press v. Macomb Circuit Judge
46. The declaration of a final judgment based on the evidence presented
Adjudication
Rouch 1
Summary judgment
Sipple v. Chronicle Publishing Company
47. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Edwards v. National Audubon Society
Eimann/Braun v. Soldier of Fortune Magazine
Time Inc. v. Pape
Federated Publications v. MSU Board of Trustees
48. Truth is only a defense in privacy cases when it's in a case of _______
False light
Masson v. New Yorker Magazine
Shulman v. Group W. Productions
Any civil matter
49. If a publication accurately prints something from a false public record document - they cannot be sued for libel.
Time Inc. v. Firestone
Summary judgment
Michigan Federation of Teachers v. University of Michigan
McIntosh v. The Detroit News
50. (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.