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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. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.
Shepherd v. Maxwell
Federated Publications v. MSU Board of Trustees
Fair comment
Evening News Association v. Troy
2. 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
Right to publicity
Public figure
Defenses of libel
6th - cincinnati OH
3. 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.
Freedom of Information Act
Reporters Committee v. AT&T
Wolston v. Readers' Digest Association
Philadelphia Newspapers v. Hepps
4. (privacy) There are areas around you that are a 'zone of privacy'
Actual Damages
Intrusion on physical solitude
Reporters Committee v. AT&T
Private figure
5. 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
New York Times v. Sullivan
Eric Jackson v. Eastern Michigan University Foundation
People of the State of Michigan v. Pastor
Philadelphia Newspapers v. Hepps
6. 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.
Gannett v. DePasquale
Time Inc. v. Firestone
Miami Herald Co. v. Tornillo
Curtis Publishing v. Butts and AP v. Walker
7. No liability for publishing information that was lawfully obtained.
Shepherd v. Maxwell
Florida Star v. B.J.F
Rouch 2
Zurcher v. Stanford Daily
8. Michigan is in ____ district court in ____ -____
Any civil matter
6th - cincinnati OH
Fair comment
Philadelphia Newspapers v. Hepps
9. There is a First amendment right of access to trials
10. Police have to disclose incident report records. Do have to keep submitting FOIAs.
First amendment
Gannett v. DePasquale
5 Areas of privacy
State News v. Michigan State University
11. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)
Michigan Federation of Teachers v. University of Michigan
Freedom of Information Act
Libel
6th - cincinnati OH
12. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.
A.Z. v. Jane Doe
Amicus curiae
Kincaid v. Gibson
Time Inc. v. Pape
13. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies
Arraignment
District Court
Zacchini v. Scripps-Howard Broadcasting
Pearson v. Dodd
14. Protects all 'persons' from deprivation of life - liberty or property without due process of law.
Alander
False light
Fourteenth amendment
Circuit Court
15. 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.
Fourth amendment
Cox Broadcasting Corp. v. Cohn
Qualified privilege
Time Inc. v. Pape
16. 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
6th - cincinnati OH
Time Inc. v. Firestone
Sixth amendmen
MCLA 750.520k
17. Broadcasters are immune from liability if political candidates defame someone while under section 315
Farmers Education Cooperative v. WDAY
Right to publicity
Snepp v. United States
U.S. v. Dickinson
18. 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.
Time Inc. v. Pape
Nebraska Press Association. v. Stuart
Gertz v. Welch
Fair comment
19. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.
Sipple v. Chronicle Publishing Company
New York Times v. United States
Food Lion - Inc - v. Capital Cities/ABC
Publication of private matters that violate ordinary decency
20. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.
21. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'
Press-Enterprise v. Superior Court in Riverside
Freedom of Information Act
Globe Newspapers v. Superior Court
Libel Per Se
22. 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.
Booth & Ann Arbor News v. EMU Board of Regents
Pearson v. Dodd
Libel Per Se
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.
Detroit Free Press v. Macomb Circuit Judge
McCracken v. Evening News Association
Private figure
Injunction
24. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements
Civil contempt
Edwards v. National Audubon Society
False light
Right to publicity
25. School officials can prohibit students from displaying messages that promote illegal drug use.
Fair comment
Morse v. Frederick
McCracken v. Evening News Association
Libel
26. In Michigan - booking photos are available to the public.
Detroit Free Press - Inc. v. Oakland County Sheriff
Private figure
Fourteenth amendment
Harte-Hanks Communications - Inc. v. Connaughton
27. 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
Curtis Publishing v. Butts and AP v. Walker
Eric Jackson v. Eastern Michigan University Foundation
Precedent
28. Spoken defamation which causes injury to a person's reputation
Snepp v. United States
Alander
Cantrell v. Forest City Publishing
Defamation
29. Reckless disregard for the truth; knowing falsity
Actual malice
New York Times v. Sullivan
New York Times v. United States
Richmond Newspapers - Inc. v. Virginia
30. (Privacy) Ex. Kim Kardashian's sex tape
Actual malice
Publication of private matters that violate ordinary decency
Time Inc. v. Hill
Detroit Free Press v. Recorder's Court Judge
31. 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.
Midland Publishing Co v. District Judge
Irreparable harm
Detroit Free Press - Inc. v. Oakland County Sheriff
Lugosi v. Universal Pictures
32. 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.
Branzburg v. Hayes
Private figure
Zurcher v. Stanford Daily
Freedom of information act
33. 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.
Gertz v. Welch
Libel
Federated Publications v. MSU Board of Trustees
Eric Jackson v. Eastern Michigan University Foundation
34. In Michigan - there's an absolute right of public to be present during jury selection.
6th - cincinnati OH
Libel Per Se
Federated Publications v. MSU Board of Trustees
In re Closure of Voir Dire (People v. Lawrence)
35. Publication - identification - defamation - harm and damages
5 Elements of libel
Circuit Court
Harte-Hanks Communications - Inc. v. Connaughton
Irreparable harm
36. 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.
U.S. v. Dickinson
Eimann/Braun v. Soldier of Fortune Magazine
MCLA 750.520k
Press-Enterprise v. Superior Court in Riverside
37. Recognized first amendment right of privacy for private figures against media.
Circuit Court
Doctrine of neutral reportage
Cantrell v. Forest City Publishing
Rouch 1
38. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.
Zacchini v. Scripps-Howard Broadcasting
Booth Newspapers v. City of Kalamazoo
Time Inc. v. Hill
Wilson v. Layne
39. Newspapers do not have an equal time requirement like broadcast has.
Zurcher v. Stanford Daily
Any civil matter
5 Elements of libel
Miami Herald Co. v. Tornillo
40. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments
False light
Shepherd v. Maxwell
WXYZ v. Hand
Zacchini v. Scripps-Howard Broadcasting
41. Anything punishable by more than a year in jail
In re Closure of Voir Dire (People v. Lawrence)
Booth & Ann Arbor News v. EMU Board of Regents
Press-Enterprise v. Superior Court in Riverside
Felonies
42. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.
Hustler Magazine v. Falwell
Reporters Committee v. AT&T
Rouch 1
Hazelwood v. Kuhlmeier
43. 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.
Florida Star v. B.J.F
Amicus curiae
Intrusion on physical solitude
Misdemeanor
44. 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.
Cohen v. Cowles Media Co
Zurcher v. Stanford Daily
Precedent
Zacchini v. Scripps-Howard Broadcasting
45. (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.
46. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.
Eimann/Braun v. Soldier of Fortune Magazine
Pearson v. Dodd
Time Inc. v. Firestone
Adjudication
47. A court order preventing a person or group from doing or continuing to do a specific act.
Circuit Court
Injunction
Right to publicity
Richmond Newspapers - Inc. v. Virginia
48. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.
Doctrine of neutral reportage
Publication of private matters that violate ordinary decency
Cohen v. Cowles Media Co
Edwards v. National Audubon Society
49. Truth is only a defense in privacy cases when it's in a case of _______
Gannett v. DePasquale
False light
Right to publicity
U.S. v. Dickinson
50. Opinion - privilege - fair comment - truth - constitutional defenses
False light
Gannett v. DePasquale
False light
Defenses of libel