Media Law

Question 1

Defamation

Answer 1

Civil Wrong. Most common legal problem faced by people who work in mass media. (Damaged Reputation)

Question 2

Libel

Answer 2

Written or printed defamation. Can be in a news story or post

Question 3

Reputational Harm

Answer 3

key injury with defamation law because reputation is reflected

Question 4

Public officials/ figures

Answer 4

Libel laws in the US make it difficult for both public and private to win.

Question 5

Absolute Privilege against Libel

Answer 5

Cannot be sued for defamation on the basis of such a remark

Question 6

Qualified Privilege against libel

Answer 6

person may report what happens at official government proceeding and remain immune from libel even if publication of material defames someone.

Question 7

Transformative use

Answer 7

useful test for determining when the use of a celebrities likeness constitutes an infringement on right of publicity, and free expression.

Question 8

Right of privacy

Answer 8

protects an individual from emotional damage that can occur when it is used for commercial purposes.

Question 9

Right of Publicity

Answer 9

protects a property right- economic value in name or likeness- normally only someone whose name or likeness has a commercial value.

Question 10

Appropriation

Answer 10

Taking a person’s name, picture, likeness and using it for commercial gain without permission.

Question 11

Name-likeness

Answer 11

Using someone’s name or other identifying characteristics without permission.

Question 12

Booth Rule

Answer 12

Broad protection to the mass media in most states if an individual’s name or likeness is used in advertising for a particular information medium.\ Exceptions: Although in advertisement for a magazine or television program it’s not regarded as appropriation.

Question 13

Consent

Answer 13

Defense in both cases provides that individuals who agree to the publication of a libelous story or appropriation of their name cannot maintain a lawsuit based on libel or appropriation.

Question 14

Intrusion

Answer 14

Invasion of privacy committed when one individual intrudes upon or invades the solitude of another individual

Question 15

Intrusion by drones

Answer 15

Unmanned aircraft systems with video recorders that can create a potential large number of civil lawsuits for intrusion into seclusion.

Question 16

Hulk Hogan case

Answer 16

Won a jury verdict from a celebrity- gossip site. He had a sex tape leaked of him.

Question 17

False light

Answer 17

Portion of privacy law that prohibits all publications or broadcasts that falsely portray an individual in an offensive manner.

Question 18

Freedom of Information Act

Answer 18

Law that mandates all records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying.

Question 19

Executive session

Answer 19

Popular euphemism for a closed meeting held by a government body such as a city council or school board.

Question 20

Open- Meeting Law:

Answer 20

State and federal statutes that require that certain meetings of public agencies be open to the public.

Question 21

HIPPA:

Answer 21

Protects privacy of identifiable health information possessed by health- care providers and health plans.

Question 22

FERPA

Answer 22

Limits public access to student educational records .

Question 23

Shield laws

Answer 23

Permits reporters to shield the name of a confidential news source when questioned by a grand jury or in another legal forum.

Question 24

Grand juries

Answer 24

Function is to determine whether sufficient evidence exists to issue an indictment or true bill charging an individual with a crime.

Question 25

First Amendment:

Answer 25

Freedom of speech, press, assembly, right to petition the government.

Question 26

Sixth Amendment:

Answer 26

Right to a fair trial by an impartial jury

Question 27

Voir dire

Answer 27

Preliminary examination the court makes of people chosen to serve as jurors in a trial.

Question 28

Change of venue

Answer 28

Moving a trial to a distant community to find jurors who haven’t read the publicity about the defendant.

Question 29

Change of veniremen

Answer 29

Drawing a jury from a distant community to find jurors who have heard nothing about the criminal case.

Question 30

Continuance

Answer 30

Delay of a trial or hearing; trial is postponed

Question 31

Sequestration

Answer 31

Separating the jury from the community during a trial.

Question 32

Admonition to jury

Answer 32

Instructions from the judge to a trial jury to avoid talking to other people about the trial.

Question 33

Restrictive order

Answer 33

Court order limiting discussion of facts in a criminal case both by participants in the case and by the press

Question 34

Journalists access to court documents

Answer 34

Anyone can access documents

Question 35

Promissory estoppel

Answer 35

Breaching a promise of confidentiality given to a source by revealing that source’s name in court or public. You can be sued in civil law.

Question 36

Impartial juror standard

Answer 36

Capable to decide the case solely on the evidence admitted into court. Or a Person who can disregard pre-existing opinions and knowledge.

Question 37

Times v. Sullivan, 1964:

Answer 37

Right to publish all statements is protected under the First Amendment

Question 38

Nebraska Press Association v Stuart, 1976

Answer 38

Nebraska Judge prohibiting the press from publishing certain info about a pending murder trial. Restriction on freedom of press.

Question 39

Cohen vs. Cowles Media, 1991

Answer 39

Rep. political operative named Cohen was given a promise of anonymity by reporters from two papers for info. He gave old info. So they gave out his name.

Question 39

Branzburg vs. Hayes, 1972

Answer 39

No privilege under the First Amendment for journalists to refuse to reveal the names of confidential sources or other information when called to testify before a grand jury.