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Test your basic knowledge |
Journalism Law
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Study First
Subject
:
journalism-and-media
Instructions:
Answer 50 questions in 15 minutes.
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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. Reckless disregard for the truth; knowing falsity
Branzburg v. Hayes
Any civil matter
Herbert v. Lando
Actual malice
2. (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
Zurcher v. Stanford Daily
Dendrite v. John Does
New York Times v. United States
False light
3. The media must make sure that permission is acquired in commercial situations.
Libel
Zacchini v. Scripps-Howard Broadcasting
New York Times v. Sullivan
Curtis Publishing v. Butts and AP v. Walker
4. Money damages awarded to the injured party as compensation for a specific loss
Actual Damages
Edwards v. National Audubon Society
Federated Publications v. MSU Board of Trustees
Tasini v. NYT
5. 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.
Booth Newspapers v. City of Kalamazoo
New York Times v. Sullivan
Detroit Free Press v. Macomb Circuit Judge
Misdemeanor
6. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Miami Herald Co. v. Tornillo
Federated Publications v. MSU Board of Trustees
5 Elements of libel
Defenses of libel
7. The power of authority of a particular court to hear and adjudicate matters in dispute
Snepp v. United States
People of the State of Michigan v. Pastor
Tasini v. NYT
Jurisdiction
8. Truth is only a defense in privacy cases when it's in a case of _______
False light
Wilson v. Layne
Kincaid v. Gibson
Right to publicity
9. Prevents ISPs from liability except on copyright.
Publication of private matters that violate ordinary decency
District Court
State News v. Michigan State University
Dendrite v. John Does
10. 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
Edwards v. National Audubon Society
Time Inc. v. Pape
Clark v. ABC
Public figure
11. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Harper & Row v. Nation Enterprises
Dendrite v. John Does
Michigan Federation of Teachers v. University of Michigan
Fair comment
12. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
False light
Fourteenth amendment
Shepherd v. Maxwell
Pretiral hearing
13. Under the language of the statute - these media representatives are not subject to an investigative subpoena.
People of the State of Michigan v. Pastor
Libel
In re Closure of Voir Dire (People v. Lawrence)
Cantrell v. Forest City Publishing
14. Enforced freelancer/copyright actions - and publishers who were doing more than compile the stories had to pay the reporters. Electronic publications (putting it online) makes it a new publication.
Defamation
Press-Enterprise v. Superior Court in Riverside
Detroit Free Press - Inc. v. Oakland County Sheriff
Tasini v. NYT
15. 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.
Midland Publishing Co v. District Judge
Gertz v. Welch
Hazelwood v. Kuhlmeier
Summary judgment
16. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Defamation
Reporters Committee v. AT&T
McIntosh v. The Detroit News
Herbert v. Lando
17. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Booth & Ann Arbor News v. EMU Board of Regents
New York Times v. United States
Shepherd v. Maxwell
Precedent
18. 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.
Libel Perquod
Fourteenth amendment
Misdemeanor
Evening News Association v. Troy
19. 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
Time Inc. v. Hill
Defenses of libel
WXYZ v. Hand
20. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.
Right to publicity
Time Inc. v. Pape
Cohen v. Cowles Media Co
Florida Star v. B.J.F
21. 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.
R.O. v. Ithaca City School District
Eimann/Braun v. Soldier of Fortune Magazine
Fourteenth amendment
Civil contempt
22. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court
Cohen v. Cowles Media Co
Preliminary hearing
Food Lion - Inc - v. Capital Cities/ABC
Booth Newspaper v. U of M Board of Regents
23. First Amendment protects media to report information from official records available in open court.
Time Inc. v. Firestone
Houchins v. KQED Inc.
Actual malice
Cox Broadcasting Corp. v. Cohn
24. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
Wilson v. Layne
R.O. v. Ithaca City School District
People of the State of Michigan v. Pastor
U.S. v. Dickinson
25. (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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26. In Michigan - there's an absolute right of public to be present during jury selection.
MCLA 750.520k
Right to publicity
False light
In re Closure of Voir Dire (People v. Lawrence)
27. In Michigan - booking photos are available to the public.
McIntosh v. The Detroit News
Detroit Free Press - Inc. v. Oakland County Sheriff
Right to publicity
Alander
28. 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
People of the State of Michigan v. Pastor
Appropriation of another's likeness for commercial profit
Philadelphia Newspapers v. Hepps
In re Times Publishing Co.
29. Guarantees freedoms of speech - religion - press and assembly.
First amendment
State News v. Michigan State University
Publication of private matters that violate ordinary decency
Michigan Federation of Teachers v. University of Michigan
30. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
WXYZ v. Hand
Cantrell v. Forest City Publishing
Publication of private matters that violate ordinary decency
Time Inc. v. Pape
31. Publication - identification - defamation - harm and damages
Sixth amendmen
5 Elements of libel
Right to publicity
Doctrine of neutral reportage
32. 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.
Galella v. Onassis
Circuit Court
Fourth amendment
Herbert v. Lando
33. 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
Eric Jackson v. Eastern Michigan University Foundation
Preliminary hearing
Booth & Ann Arbor News v. EMU Board of Regents
Midland Publishing Co v. District Judge
34. Failure to obey an order made by the court
McCracken v. Evening News Association
Civil contempt
False light
Detroit Free Press v. Recorder's Court Judge
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)
New York Times v. Sullivan
Rouch 2
Public figure
Freedom of Information Act
36. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.
Sipple v. Chronicle Publishing Company
Shulman v. Group W. Productions
Right to publicity
R.O. v. Ithaca City School District
37. Reading of the charges against a person
False light
Time Inc. v. Pape
Booth Newspaper v. U of M Board of Regents
Arraignment
38. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.
Sipple v. Chronicle Publishing Company
Midland Publishing Co v. District Judge
5 Areas of privacy
Nebraska Press Association. v. Stuart
39. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
Defenses of libel
Clark v. ABC
Galella v. Onassis
McCracken v. Evening News Association
40. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Publication of private matters that violate ordinary decency
Nebraska Press Association. v. Stuart
Bay City Times v. City of Bay City
Fair comment
41. 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.
Actual malice
Clark v. ABC
Masson v. New Yorker Magazine
McCracken v. Evening News Association
42. The press has no greater constitutional right to access penal facilities than any member of the general public
Harte-Hanks Communications - Inc. v. Connaughton
Houchins v. KQED Inc.
Rosenbloom v. Metromedia
Farmers Education Cooperative v. WDAY
43. 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
5 Areas of privacy
Appropriation of another's likeness for commercial profit
MCLA 750.520k
Fourteenth amendment
44. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.
Certiorari
Globe Newspapers v. Superior Court
Cohen v. Cowles Media Co
Evening News Association v. Troy
45. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'
Midland Publishing Co v. District Judge
Hazelwood v. Kuhlmeier
Harper & Row v. Nation Enterprises
Time Inc. v. Hill
46. Criminal matters anything less than a year in jail
Snepp v. United States
Misdemeanor
Publication of private matters that violate ordinary decency
Actual malice
47. 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
False light
Booth Newspaper v. U of M Board of Regents
Intrusion on physical solitude
48. 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
Shulman v. Group W. Productions
Eric Jackson v. Eastern Michigan University Foundation
Intrusion on physical solitude
49. (Privacy) Ex. Kim Kardashian's sex tape
Publication of private matters that violate ordinary decency
Booth & Ann Arbor News v. EMU Board of Regents
Richmond Newspapers - Inc. v. Virginia
New York Times v. Sullivan
50. Newspapers do not have an equal time requirement like broadcast has.
Miami Herald Co. v. Tornillo
6th - cincinnati OH
Irreparable harm
Bay City Times v. City of Bay City
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