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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. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
District Court
Pearson v. Dodd
Evening News Association v. Troy
People of the State of Michigan v. Pastor
2. Anything punishable by more than a year in jail
Farmers Education Cooperative v. WDAY
Hustler Magazine v. Falwell
Collins v. Detroit Free Press
Felonies
3. Criminal matters anything less than a year in jail
Precedent
Farmers Education Cooperative v. WDAY
Milkovich v. Lorain Journal Co
Misdemeanor
4. 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.
Eimann/Braun v. Soldier of Fortune Magazine
Actual malice
Freedom of Information Act
Eric Jackson v. Eastern Michigan University Foundation
5. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'
Branzburg v. Hayes
Lugosi v. Universal Pictures
A.Z. v. Jane Doe
Harper & Row v. Nation Enterprises
6. 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.
Pretiral hearing
Zurcher v. Stanford Daily
Midland Publishing Co v. District Judge
Bay City Times v. City of Bay City
7. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.
Rouch 2
Wolston v. Readers' Digest Association
Michigan Federation of Teachers v. University of Michigan
Precedent
8. 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
Tickets
Booth Newspaper v. U of M Board of Regents
Houchins v. KQED Inc.
Midland Publishing Co v. District Judge
9. 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.
Eimann/Braun v. Soldier of Fortune Magazine
Wolston v. Readers' Digest Association
Booth Newspaper v. U of M Board of Regents
Right to publicity
10. 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.
In re Closure of Voir Dire (People v. Lawrence)
Tasini v. NYT
Farmers Education Cooperative v. WDAY
Detroit Free Press v. Macomb Circuit Judge
11. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
District Court
Rouch 1
Detroit Free Press - Inc. v. Oakland County Sheriff
Any civil matter
12. 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.
Freedom of information act
Cantrell v. Forest City Publishing
5 Areas of privacy
Libel Per Se
13. Have to have an open meeting when interviewing candidates for a public position.
State News v. Michigan State University
Bay City Times v. City of Bay City
Shulman v. Group W. Productions
Rouch 2
14. Michigan is in ____ district court in ____ -____
A.Z. v. Jane Doe
Amicus curiae
5 Areas of privacy
6th - cincinnati OH
15. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.
Fair comment
In re Times Publishing Co.
Morse v. Frederick
Milkovich v. Lorain Journal Co
16. The Sixth Amendment rights of a defendant outweigh the First Amendment of the press in cases where the press can have prejudicial outcome of the defendant's trial.
Kincaid v. Gibson
Gannett v. DePasquale
Cantrell v. Forest City Publishing
Dendrite v. John Does
17. 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.
Herbert v. Lando
Intrusion on physical solitude
Branzburg v. Hayes
Federated Publications v. MSU Board of Trustees
18. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.
Fourth amendment
Alander
Herbert v. Lando
Clark v. ABC
19. Recognized first amendment right of privacy for private figures against media.
Fourth amendment
Food Lion - Inc - v. Capital Cities/ABC
Cantrell v. Forest City Publishing
Defenses of libel
20. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
Fourteenth amendment
In re Times Publishing Co.
Pearson v. Dodd
Curtis Publishing v. Butts and AP v. Walker
21. No liability for publishing information that was lawfully obtained.
First amendment
Time Inc. v. Pape
Felonies
Florida Star v. B.J.F
22. 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.
Zacchini v. Scripps-Howard Broadcasting
Publication of private matters that violate ordinary decency
Tasini v. NYT
Hustler Magazine v. Falwell
23. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.
False light
McCracken v. Evening News Association
6th - cincinnati OH
Misdemeanor
24. 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
Galella v. Onassis
Freedom of Information Act
Adjudication
25. 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
U.S. v. Dickinson
State News v. Michigan State University
Evening News Association v. Troy
26. 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.
In re Closure of Voir Dire (People v. Lawrence)
Gag order
Zurcher v. Stanford Daily
Qualified privilege
27. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.
Bradley v. Saranac Community Schools Board of Education
Jurisdiction
Tickets
Shepherd v. Maxwell
28. Spoken defamation which causes injury to a person's reputation
Civil contempt
Alander
False light
Lugosi v. Universal Pictures
29. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.
Nebraska Press Association. v. Stuart
WXYZ v. Hand
Sipple v. Chronicle Publishing Company
A.Z. v. Jane Doe
30. 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
MCLA 750.520k
Detroit Free Press v. Macomb Circuit Judge
Any civil matter
Shepherd v. Maxwell
31. (privacy) There are areas around you that are a 'zone of privacy'
Intrusion on physical solitude
Bradley v. Saranac Community Schools Board of Education
Branzburg v. Hayes
5 Elements of libel
32. Under FOIA - personell records may be released - subject to 'appropriate redactions.'
Bradley v. Saranac Community Schools Board of Education
Publication of private matters that violate ordinary decency
Right to publicity
A.Z. v. Jane Doe
33. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional
False light
Miami Herald Co. v. Tornillo
Preliminary hearing
U.S. v. Dickinson
34. Failure to obey an order made by the court
Shulman v. Group W. Productions
Civil contempt
Booth Newspapers v. City of Kalamazoo
Hazelwood v. Kuhlmeier
35. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Doctrine of neutral reportage
Reporters Committee v. AT&T
Intrusion on physical solitude
Wolston v. Readers' Digest Association
36. 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.
Hutchinson v. Proxmire
Libel Per Se
Detroit Free Press - Inc. v. Oakland County Sheriff
Eimann/Braun v. Soldier of Fortune Magazine
37. The power of authority of a particular court to hear and adjudicate matters in dispute
Reporters Committee v. AT&T
Shepherd v. Maxwell
Hustler Magazine v. Falwell
Jurisdiction
38. Civil cases when the amount in dispute is less than $25 -000
Tickets
Qualified privilege
Summary judgment
Cohen v. Cowles Media Co
39. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.
Clark v. ABC
Publication of private matters that violate ordinary decency
Florida Star v. B.J.F
New York Times v. United States
40. Minor errors do not count as actual malice.
Qualified privilege
Preliminary hearing
Time Inc. v. Pape
Hazelwood v. Kuhlmeier
41. There is a First amendment right of access to trials
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42. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.
Right to publicity
Nebraska Press Association. v. Stuart
Food Lion - Inc - v. Capital Cities/ABC
Fair comment
43. Broadcasters are immune from liability if political candidates defame someone while under section 315
Philadelphia Newspapers v. Hepps
Farmers Education Cooperative v. WDAY
Clark v. ABC
Summary judgment
44. The declaration of a final judgment based on the evidence presented
Michigan Federation of Teachers v. University of Michigan
Collins v. Detroit Free Press
Adjudication
Zacchini v. Scripps-Howard Broadcasting
45. The right of an individual to a speedy trial by an impartial jury - to be informed of the changes against them - to confront witnesses - the right to have compulsory proceedings to obtain witnesses in their favor - and the right to have assistance of
Pretiral hearing
Hustler Magazine v. Falwell
A.Z. v. Jane Doe
Sixth amendmen
46. Reckless disregard for the truth; knowing falsity
U.S. v. Dickinson
Appropriation of another's likeness for commercial profit
Amicus curiae
Actual malice
47. A person vs. a person (corporation can be a person too
Any civil matter
Defamation
Cantrell v. Forest City Publishing
Sixth amendmen
48. If you obtain material from a third party illegally - media are still protected and can publish.
Zurcher v. Stanford Daily
Pearson v. Dodd
Rosenbloom v. Metromedia
Injunction
49. In Michigan - there's an absolute right of public to be present during jury selection.
Publication of private matters that violate ordinary decency
U.S. v. Dickinson
In re Closure of Voir Dire (People v. Lawrence)
Gertz v. Welch
50. 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
Freedom of Information Act
Libel Per Se
Tasini v. NYT