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Blevens 4200
JOURNALISM
| Question | Answer |
|---|---|
| How false must a communicator's statement be in order for a libel plaintiff to win a lawsuit? | Substantially False |
| In a libel lawsuit, "publication" occurs when defamatory statements are communicated | To atleast one other person, called Third Party |
| Which of the following is true about the identification element of a libel case? | Plaintiff does not to be named, description, "OF AND CONCERNING" And groups have a hard time making cases |
| The statute of limitations for libel claims, depending on the state, ranges between | 6 months to 3 years |
| In the U.S., privacy against the mass media is enforced primarily through | Right to privacy, Branders and Warrens - 4 torts: appropiation, intrusion, false light and disclosure |
| What is the basic theory behind appropriation law? | Individuals alone should have the right to marketng/exploitation if their personages |
| In order to successfully sue for appropriation individuals must be | Infringed on right of publicity. Readily identifiable. |
| Individuals’ appearances in news media self-promotions generally will not amount to appropriation unless | An endorsment is implied Consent or compesation is obtained or individual is identifiable |
| If a photo consent form is signed gratuitously — without compensation — this means that | Consent may be legallyy withdrawn at tany resonable time prior to publication |
| How is the tort of disclosure of private facts different from libel? | Concerns spreading of accurate information - private facts that the media released. And libel is falsity. |
| Events that occur in public view almost always can be | Public not private |
| The branch of invasion of privacy known as intrusion occurs | During the information gathering process, not by publication or broadcast |
| Plaintiffs rarely win intrusion cases because | Individual is usually not in a place where he or she could reasonably expect privacy |
| The use of which of the following ethical theories is the most dangerous on which to base a decision? | Gut reaction |
| It is possible for a story, ad or press release to have all facts correct and still be wrong? | Yes |
| Which of the following is NOT one of the concerns associated with the use of digital image technology? | The ease of carrying new devices |
| The reason that political candidates can lie during a campaign is because their speech is considered to be which of the following? | Core political speech Creating a composite story without telling the readers |
| The only absolute defense in a libel suit is which of the following? | Truth |
| Ethicists say our “need for privacy” gives: | Shield against the power of state, and space for personal development |
| Most ethicists agree that the most defensible position for media professionals is which of the following? | The need to know |
| Ethicists say our culture of talking has turned into a culture of . . . | Arguments |
| Ethicists say journalists must struggle with weighing . . . | Privacy vs Necessity |
| Ethically (but not legally), a public person should be able to expect privacy while . . | Recieving medical treatment |
| Ethicists advise journalists not to secretly record without which of the following? | Informing their bosses |
| The practice of surprising a source for an interview without prior notice is known as . . . | Door Stepping |
| Ethicists note that the “right to privacy” has only been recognized for the past . . . | The past century |
| The university confronting privacy issues in tech-heavy teaching experiments is . . . | Arizona State University |
| The term jurisdiction refers to | The authority of a court to hear and decid a particular class of cases |
| The federal government exercises exclusive jurisdiction over | Copyrights |
| Lawsuits concerning federal constitutional rights may be adjudicated in | Administartive proceedings (hearing, no jury) |
| The final arbiter on all legal questions involving the U.S. Constitution is | U.S . Supreme Court |
| The main trial court in the federal system is called the | U.S. Dristrict Court |
| The United States is composed of how many sovereign legal systems? | 51 one in each state. And one federal system |
| The federal and state judicial systems consist of two basic kinds of courts. | Trial and Appellate Court |
| Under the doctrine of judicial review, it is the role of each state court system to | Interpret the Constitution in their jurisdiction |
| Legal rules conceived and fostered independently by the courts are known as | Common Law |
| The usual remedy sought in a civil lawsuit is | Settlement- compensation in the form of money |
| The party who initiates a civil lawsuit is called the | Plaintiff |
| Which of the following wrongful acts most likely would be a breach of contract rather than a tort? | Model and Photographer, Advertising and client, author and book publisher |
| When there is no contested issue of fact, a judge may end a case prior to trial by granting a motion for | Summer of judgment |
| An appealing party is referred to as the… | Appelant |
| Each year the U.S. Supreme Court receives several thousand requests for review. Of these, the Court actually decides about how many cases? | 100 |
| Promoting ill opinions of government in the seventeenth and eighteenth centuries was often known as… | Sedition Libel |
| Which of the following is NOT a common justification for freedom of speech? | Anything other than discovery the truth, participation in democracy, check on democracy, social stability, natural/ethical right of human beings |
| Which of the following is true about the First Amendment? | Communication of ideas is protected, conduct is not |
| _____ has been deemed to be within the guarantee of the First Amendment, though it is not protected as broadly as most other forms of expression. | Symbolic Speech and Expressive Conduct |
| What was the most important case to formalize the doctrine against prior restraint? | Near vs Minnesota |
| Prior restraints can arise through | Licensing schemes and informal coercion |
| Legitimate time, place, and manner restrictions | Must be neutral |
| In most cases, content restrictions on protected expression can be upheld only if | They directly further a compelling goverment interest, they are no broader then interest to advance that interest |
| Certain categories of expression have been deemed unprotected by the First Amendment. One of the unprotected categories is | Conduct. Obscenity. False commercial speech. Incitements to violence. Defamation uttered with actual malice/negligence. |
| The difference between law and ethics often is described as the difference between | The law is what you can do and ethics is what you should/ought do |
| Generally speaking, which of these government actions is most likely to be upheld as constitutional? | Licensing |
| Which of the following is NOT one of the theories in media ethics? | These are Kant's, Aristotle's golden mean, Utilitarian, Rights-Based , Egalitarian |
| In the Citizens United case, the Supreme Court ruled: - | Denied motion for preliminary injuction |
| The U.S. Supreme Court first began to interpret the scope of the First Amendment | Gitlow v New York 1925 |
| The Citizens United case emerged from a movie about: - | A film critical of Hillary Clinton |
| What is essential to prove a conflict of interest? – | Involvement in particular activities, Affiliation with causes/organizations, Acceptance of favors/preference, Financial investments, Outside employement friendships |
| What First Amendment standard emerged out of Schenck v. United States? | The clear and present danger doctrine |
| In Brandenburg v. Ohio the Supreme Court held that speech remains protected until | It is likely to incite or produce imminent lawless action |
| In the Pentagon Papers case the N.Y. Times and the Washington Post printed excerpts from a document that was | Classified |
| What message came out of the Pentagon Papers case? - | Gov't carries a heavy burden to justify prior restraints on political speech.The courts are not obliged to defer entirely to the judgment of the executive branch. |
| Who was the sociologist who developed the concept of "enduring values"? | Herbert Gans |
| What similarity exists between the Pentagon Papers case and the H-bomb case (U.S. v.Progressive)? | They each were exposing military secret, lawsuit filed (one was won and the other was dropped by the lawyer. |
| Which of the following is NOT a condition for invading the privacy of politicians? | Placed in a larger context :must meet need to know, evidence most be linked to a political behavior |
| In the H-bomb case, the magazine alleged that all information in the article was obtained from | Public library, available sources |
| In most traditional kinds of personal injury cases, the legal basis for a lawsuit is that the defendant acted with | Negligence |
| In media ethics, deception is permitted - | When there are no other alternatives, it is profound importance, harm prevented outweighs harm caused. |
| Why are the so-called Pied Piper cases particularly troublesome for mass communicators? | Because the imitation typically was not an intended result |
| In Zamora v. Columbia Broadcasting System plaintiffs alleged that the defendants should be liable for | Negligent excessive broadcasts of violence |
| The first level of ethical analysis is - | be reasonable |
| The primary factor in ethical decision-making is - | Loyalty |
| Libel may be defined as a false statement of fact that is disseminated about a person and tends to | Injures a person's reputation or causes the person to be shunned or avoided |
| The U.S. Supreme Court first injected constitutional standards into defamation law in 1964, in the landmark case of | New york time v Sullivan (for the standard of actual malice |
| Who can be defamed? | Anyone |
| Which of the following is not one of the elements a libel plaintiff needs to prove in order to win a case against a mass communicator? | Private individuals just prove libel and publish. Public individuals have to prove that plus actual malice |
| Which of the following best describes the difference between law and ethics? | Ethics are stricter than the law indicating greater responsibilities for paramedics |
| The most important factor in ethics is which of the following? | Loyalty and truth |
| The Categorical Imperative is best described by which of the following? | Emmanuel Kant's Rule-based theory- " a rule is a rule" |
| The most important attainable goal in ethics is which of the following? | Morality and truth |
| Invading the privacy of politicians requires which of the following? | Placed in larger context of history , evidence linked to political behavior, must meet need to know |
| Practicing deception requires which of the following? | Profound importance , no other alternatives , reveal the deceptions harm |
| Which of the following is the optimum level of decision-making? | Impact of credibility, consequences, motives, legal implications. |
| Generally, the First Amendment recognizes the public’s right to know. | False |
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