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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. The press has no greater constitutional right to access penal facilities than any member of the general public
Booth Newspaper v. U of M Board of Regents
Nebraska Press Association. v. Stuart
Houchins v. KQED Inc.
Circuit Court
2. 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.
Precedent
Florida Star v. B.J.F
Eric Jackson v. Eastern Michigan University Foundation
Pearson v. Dodd
3. Guarantees freedoms of speech - religion - press and assembly.
First amendment
Dendrite v. John Does
Philadelphia Newspapers v. Hepps
Pretiral hearing
4. Requires certain information held by various federal and state agencies to be made available to the public unless the information falls under one of the exemptions.
Preliminary hearing
Tasini v. NYT
Freedom of information act
Richmond Newspapers - Inc. v. Virginia
5. 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
Right to publicity
Morse v. Frederick
Rouch 2
Amicus curiae
6. 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.
Alander
Booth & Ann Arbor News v. EMU Board of Regents
Shulman v. Group W. Productions
Preliminary hearing
7. in an invasion of privacy tort - an action which occurs when an individual's expectation of privacy or right to be left alone is breached. EX. A reporter lies about his identity to gain access to information they couldn't under normal conditions.
Actual malice
Precedent
Doctrine of neutral reportage
Intrusion on physical solitude
8. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Philadelphia Newspapers v. Hepps
Rouch 1
Civil contempt
Libel
9. Spoken defamation which causes injury to a person's reputation
Qualified privilege
Summary judgment
Michigan Federation of Teachers v. University of Michigan
Alander
10. 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.
Masson v. New Yorker Magazine
Sixth amendmen
Alander
Gertz v. Welch
11. 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.
Qualified privilege
Pearson v. Dodd
Summary judgment
Intrusion on physical solitude
12. 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.
Zurcher v. Stanford Daily
Fourteenth amendment
New York Times v. United States
False light
13. 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.
Preliminary hearing
Evening News Association v. Troy
Freedom of Information Act
Hustler Magazine v. Falwell
14. 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
Certiorari
People of the State of Michigan v. Pastor
Intrusion on physical solitude
15. 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.
A.Z. v. Jane Doe
Tasini v. NYT
Adjudication
Alander
16. 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.
Any civil matter
Defamation
False light
Detroit Free Press v. Macomb Circuit Judge
17. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
Herbert v. Lando
A.Z. v. Jane Doe
Booth Newspaper v. U of M Board of Regents
McCracken v. Evening News Association
18. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.
District Court
Nebraska Press Association. v. Stuart
Galella v. Onassis
Richmond Newspapers - Inc. v. Virginia
19. School officials can prohibit students from displaying messages that promote illegal drug use.
Snepp v. United States
Morse v. Frederick
False light
Harper & Row v. Nation Enterprises
20. There is a First amendment right of access to trials
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21. 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.
Tasini v. NYT
Miami Herald Co. v. Tornillo
R.O. v. Ithaca City School District
Wilson v. Layne
22. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Booth Newspapers v. City of Kalamazoo
Booth & Ann Arbor News v. EMU Board of Regents
Press-Enterprise v. Superior Court in Riverside
Tickets
23. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law
WXYZ v. Hand
Miami Herald Co. v. Tornillo
Wolston v. Readers' Digest Association
District Court
24. 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
Midland Publishing Co v. District Judge
Time Inc. v. Firestone
Public figure
Rosenbloom v. Metromedia
25. If the information is lawfully obtained - the defendant can't be held in contempt of court.
Preliminary hearing
Alander
In re Times Publishing Co.
Time Inc. v. Pape
26. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Actual Damages
Publication of private matters that violate ordinary decency
Lugosi v. Universal Pictures
Federated Publications v. MSU Board of Trustees
27. Reckless disregard for the truth; knowing falsity
Fair comment
5 Elements of libel
Jurisdiction
Actual malice
28. A person vs. a person (corporation can be a person too
Any civil matter
Federated Publications v. MSU Board of Trustees
Summary judgment
Pretiral hearing
29. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.
Wolston v. Readers' Digest Association
Food Lion - Inc - v. Capital Cities/ABC
Michigan Federation of Teachers v. University of Michigan
Amicus curiae
30. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
Kincaid v. Gibson
Bradley v. Saranac Community Schools Board of Education
Harte-Hanks Communications - Inc. v. Connaughton
Cox Broadcasting Corp. v. Cohn
31. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Misdemeanor
Public figure
Rouch 2
Time Inc. v. Pape
32. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Right to publicity
Globe Newspapers v. Superior Court
Actual Damages
Qualified privilege
33. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Rouch 1
Michigan Federation of Teachers v. University of Michigan
District Court
Globe Newspapers v. Superior Court
34. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
Miami Herald Co. v. Tornillo
Florida Star v. B.J.F
Adjudication
WXYZ v. Hand
35. Civil cases when the amount in dispute is less than $25 -000
District Court
Fair comment
Tickets
Irreparable harm
36. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.
Precedent
Private figure
Reporters Committee v. AT&T
5 Elements of libel
37. 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.
Dendrite v. John Does
Herbert v. Lando
Arraignment
Branzburg v. Hayes
38. Institutes procedures to ensure every citizen has the right to access government documents - as well as the right to inspect and receive copies of records from state and local government bodies.
Libel
Time Inc. v. Firestone
Libel Per Se
Freedom of Information Act
39. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Milkovich v. Lorain Journal Co
Appropriation of another's likeness for commercial profit
Irreparable harm
Bradley v. Saranac Community Schools Board of Education
40. 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
Zacchini v. Scripps-Howard Broadcasting
Rouch 2
Shepherd v. Maxwell
41. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.
Shepherd v. Maxwell
Michigan Federation of Teachers v. University of Michigan
Time Inc. v. Hill
Curtis Publishing v. Butts and AP v. Walker
42. (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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43. No liability for publishing information that was lawfully obtained.
Florida Star v. B.J.F
Kincaid v. Gibson
Houchins v. KQED Inc.
Fourteenth amendment
44. Criminal matters anything less than a year in jail
Libel Per Se
Detroit Free Press v. Macomb Circuit Judge
Houchins v. KQED Inc.
Misdemeanor
45. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Bradley v. Saranac Community Schools Board of Education
MCLA 750.520k
District Court
Snepp v. United States
46. 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.
Private figure
U.S. v. Dickinson
Masson v. New Yorker Magazine
Curtis Publishing v. Butts and AP v. Walker
47. 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.
Eimann/Braun v. Soldier of Fortune Magazine
Globe Newspapers v. Superior Court
Amicus curiae
R.O. v. Ithaca City School District
48. Reading of the charges against a person
Richmond Newspapers - Inc. v. Virginia
Hazelwood v. Kuhlmeier
Adjudication
Arraignment
49. Friend of the court.
In re Closure of Voir Dire (People v. Lawrence)
Amicus curiae
MCLA 750.520k
Rosenbloom v. Metromedia
50. 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.
Circuit Court
Preliminary hearing
Press-Enterprise v. Superior Court in Riverside
Clark v. ABC