Midterm Flashcards
(149 cards)
1
Q
According to Roscoe Pound, law can be defined as _________ engineering.
A
social
2
Q
The five sources of law:
A
- common law
- equity law
- statutory law
- Constitutional law
- executive order and administrative rules
3
Q
Common law is sometimes known as _________________________.
A
“Judge-made law”
4
Q
List the four different options that courts have when offered a case as precedent by an attorney for one of the parties in a lawsuit.
A
- accept/follow
- modify/update
- distinguish
- overrule
5
Q
List three typical forms of judicial decrees in equity law.
A
- temporary restraining order
- preliminary injunction
- permanent injunction
6
Q
The U.S. Constitution is the _________________________________.
A
highest law in the land
7
Q
Describe the “void for vagueness doctrine.
A
The “void for vagueness doctrine” deems that a statute or regulation is unconstitutional if the statute/regulation is so vague that someone of “reasonable and ordinary intelligence” would not know – after reading it – what is permitted and what is prohibited.
8
Q
Why might a statute be declared unconstitutional because it violates the “overbreadth doctrine”?
A
A statute might be declared unconstitutional because it violates the overbreadth doctrine if the statute bans a substantial amount of something (like protected speech) in the process of banning its intended target: something unprotected (like unprotected speech).
9
Q
What is the most relevant administrative agency for the purposes of media law?
A
Federal Communications Commission (FCC)
10
Q
________ courts are fact-finding courts and _________ courts are law-reviewing courts.
A
Trial and appellate
11
Q
The Supreme Court of the United States is:
A
the oldest federal court (operating since 1789).
12
Q
Name the types of Supreme Court Opinions.
A
- opinion of the court (majority)
- concurring opinion
- dissenting opinion (minority)
- plurality opinion
- per curiam opinion (unsigned)
- memorandum order
13
Q
A ________ is most likely to be found in the trial court of general jurisdiction (State Court System).
A
jury
14
Q
One of the most important powers of courts (and at one time one of the most controversial) is the power of _________________.
A
Judicial review
15
Q
The part who commences or brings a civil lawsuit is called the _____________.
A
plaintiff
16
Q
The party to whom the suit is brought is called the _________________.
A
defendent
17
Q
Several decades prior to the community censorship involving the Dixie Chicks in 2003, country music stations refused to play the songs of another female country music performer. Who was the performer and what were the songs in question about?
A
The other female country music performer who was censored was Loretta Lynn. Her songs, which include “The Pill” and “Rated X”, discussed a woman’s happiness in marriage after beginning birth control and the stigma/double standards divorced women face, respectively. They were bold, risky, and feminist songs.
18
Q
The first constitution of the United States of America was adopted in what year?
A
1781
19
Q
In a 2019 survey, only 22% of journalists know that the First Amendment protects _____________________.
A
a free press
20
Q
Identify the two basic elements or parts of the symbolic speech doctrine.
A
- Actor – the person who conducts him/herself in a way intended to convey a particular message
- Audience – the people who witnesed the actor’s conduct and understood the message the actor intended it to convey
21
Q
The seven First Amendment theories:
A
- absolutist theory
- ad hoc balancing theory
- preferred position balancing theory
- Maiklejohnian theory
- marketplace of ideas theory
- access theory
- self-realization theory
22
Q
Suppression of freedom of expression reached a higher level during ___________________ than in any other time in our history.
A
World War I
23
Q
An important, well-known Supreme Court ruling on prior restraints came in 1971 and addressed the federal government’s ability to ______________________________________________ that it contended jeopardized national secutiry during the war in Vietnam. This is the famous Pentagon Papers decision.
A
stop the publication of stolen/classified information
24
Q
In 2005 a federal appellate court in ________________________________ upheld a permanent injunction barring Thurston Paul Bell from promoting and selling unlawful tax advice. Bell, as the court put it, was a “professional tax protester who ran a business and a Web site selling bogus strategies to clients endeavoring to avoid paying taxes.”
A
United States v. Bell
25
The __________ standard applies not only to students in public high schools, but also all the way down to students in public elementary schools.
Tinker
26
Why was Bretton Barber asked to remove his T-shirt at his public high school?
Bretton Barber wore a T-shirt with a photo of President George W. Bush and the words "International Terrorist." One student complained, and the school requested that he remove his T-shirt.
27
The idea of "legitimate pedagogical concerns" is a standard that related to school newspaper censorship that came from the precedent setting __________________________________ case.
Hazelwood School District v. Kuhlmeier
28
What important 1986 case involved a student being suspended by making a sexually suggestive speech nominating a classmate for student government at an assembly packed with 600 students?
Bethel School District v. Fraser
29
In ___________, the U.S. Supreme Court heard a student-speech case called Morse v. Frederick.
2007
30
Since the Supreme Court decision in Hazelwood, two federal appellate court decisions have addressed censorship by officials of student-run publications. They are:
1. Kincaid v. Gibson
2. Hosty v. Carter
31
How long did it take Virginia Tech officials to send an email warning to students about the 2007 shooting spree of Cho, who remained on the loose, and continued his on-campus rampage, ultimately killing 32 students before taking his own life?
more than 2 hours (2 hours 9 minutes)
32
The government can base its attempts at prior censorship on three additional factors beyond content:
1. time
2. place
3. manner
33
What are the guidelines for time, place, and manner restrictions?
1. Rules must be content neutral.
2. Rules must not constitute a complete ban on communication.
3. Rules must be justified by a substantial state interest.
4. Rules must be narrowly tailored.
34
In the section on public forums, the text points out that there are no First Amendment guarantees of freedom of expression on ______________________.
private property
35
In 1991, the U.S. Supreme Court ruled that the ______________________ was a content-based regulation that violated the First Amendment. ______________________________________________
Son of Sam Laws; Simon and Schuster, Inc. v. New York Crime Victims Board
36
What 2011 court case protected the pseech of the Westboro Baptist church?
Snyder v. Phelps
37
The government cannot ________ invectives or epithets that simply injure someone's feelings or are merely rude or discourteous.
prohibit
38
The ______________________ is clearly implicated in any election campaign.
First Amendment
39
The First Amendment was drafted long before the information superhighway. As each new medium has emerged -- radio, motion pictures, over-the-air television and so on -- the courts have had to __________ the scope of the First Amendment protection appropriate to that medium.
define
40
Describe net neutrality.
Net neutrality is a vague term that is used to suggest that Internet service providers should treat all traffic contnent similarly. They also should not charge extra money for or block access to faster services. It raises First Amendment issues, like the right to receive speech and the right to access information.
41
The roots of libel law in this country spring directly from _____________________.
British common law
42
_______ or libel, is what lawyers call a ______, or a civil wrong.
Defamation, tort
43
Libel is the publication or broadcast of any statement that: ___________________________________________________________________________-
"lowers the reputation of an individual by holding him or her up to contempt, ridicule, or scorn."
44
Libel is the most __________ and often the most ____________ problem faced by people who work in the mass media.
common; troublesome
45
Oral defamation is called ___________.
slander
46
_____________ is any communication that holds a person up to contempt, hatred, ridicule or scorn.
Defamation
47
To win a libel suit, a plaintiff must prove:
1. the libel was published
2. words were of and concerning the plaintiff
3. material is defamatory
4. material is false
5. defendant was at fault
48
Under the law, ___________ means that one person, in addition to the source of the libel and the person who is defamed, sees or hears the defamatory material.
publication
49
Courts regard communication on the _________ the same way they regard material published in newspapers, magazines, or books.
Web
50
CDA stands for:
Communications Decency Act
51
The injured party in a libel suit must show the court that the allegedly defamatory statement is "of and concerning him, her, or it." This is known as:
identification
52
___________ as opposed to a flat assertion can be defamatory.
Innuendo
53
Criticism of a product falls into a different legal category, called:
"disparagement of property" (a.k.a. trade libel)
54
The first rule of proving ________ or _________ is that the evidence presented in court must go to the heart of the libelous charge.
truth; falsity
55
Even if a story contains nothing but truthful statements, it still might be regarded as false if important facts are left out and the story leaves a ____________________.
false impression
56
The New York Times v. Sullivan case involved an editorial-advertisement titled:
"Heed Their Rising Voices"
57
All public officials must also prove ________________ when suing for libel.
actual malice
58
By the end of the decade (1960s), the Supreme Court had extended the actual malice rule to plaintiffs whom the court called ______________.
public figures
59
Summarize the two basic rules of fault.
1. Private persons who sue for defamation must at least prove that the material was published with negligence (failure to exercise reasonable care).
2. Individuals who are either public officials or public figures for purposes of a defamation suit have to prove that the defendant exhibited actual malice (publishing with the knowledge that the libelous assertion was falso, or with reckless disregard for whether it is true or false) when the material was published.
60
Describe a limited purpose public figure.
Limited-purpose public figures are people who have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.
61
In 1979, the Supreme Court took on a case that helped further define the meaning of limited-purpose public figure. The case involved the nephew of Myra and Jack Soble, two well-publicized American communists who were arrested during the Red Scare of the 1950s. What was the name of the plaintiff in this case?
Ilya Wolston
62
Deciding who is and who is not a limited-purpose public figure is one of the most ____________ decisions courts must make in applying laws of libel.
subjective
63
The ______________________________ that generated the libel is an obviously important factor in determining whether a plaintiff is a limited-purpose public figure.
kind of controversy
64
Businesses and corporations can sue for _______; they can also be classified as __________________________ for purposes of a libel suit.
libel; public figures
65
If someone is a public person today, will he or she still be regarded as a public figure 20 years from now? _____, but only in regard to the ____________________________ that generated the public-person status today.
Yes; issues or matters
66
People who are drawn into public controversies rather than those who have thrust themselves into a public controversy voluntarily are called: _________________________________________
involuntary public figures
67
Define negligence and actual malice.
Negligence: failure to exercise ordinary or reasonable care
actual malice: knowledge of falsity or reckless disregard for truth
68
Some of the more common reasons a defendant might be found negligent are:
- reliance on an untrustworthy source
- not reading or misreading pertinent documents
- failure to check with an obvious source, perhaps the subject of the story
- carelessness in editing and news handling
69
Knowledge of Falsity is a fancy way of saying ______.
"lie"
70
Proof that the defendant failed to ___________ a charge that later turns out to be false is not in and of itself sufficient evidence to prove ____________________.
investigate; actual malice
71
The law does not require the complete _____________ of a story, especially a ___________ story.
investigation; breaking
72
The tort, Intentional Infliction of Emotional Distress was restated in 1965 and provided a definition of the tort, which has 4 parts.
1. the defendant's conduct was intentional or reckless
2. the defendant's conduct was extreme and outrageous
3. the defendant's conduct caused the plaintiff emotional distress
4. the emotional distress was severe
73
The _________________________________ is undoubtedly one of the best friends the mass media libel defendant has.
summary judgement
74
The Supreme COurt has given both __________ and ________ courts wide latitude in granting summary judgements in libel cases.
trial; appellate
75
For nearly all crimes and most civil actions, there is a __________ of ___________.
statute of limitations.
76
What is the duration of the Statute of Limitations in libel actions in Washington State?
2 years
77
The federal Constitution provides that members of Congress are immune from suits based on their remarks on the floor of either house. This protection is called a _______________.
privelege
78
Criteria for application of qualified privelege.
1. report of a priveleged proceeding document
2. fair and accurate summary published or broadcast as a report
79
_______________________ is a privelege that says when the press reports newsworthy but defamatory allegations made by a responsible and prominent source, these reports are priveleged, even if the reported believed the allegations were false when he or she included them in the story.
Neutral reportage
80
What is rhetorical hyperbole?
Rhetorical hyperbole is language that is so expansive that the reader or listener knows it is only an opinion, not an assertion of fact. It is lust, imaginative expression.
81
The four elements of the Ollman Test:
1. Can the statement be proved false?
2. What is the common or ordinary meaning of the words?
3. What is the journalistic context of the remark?
4. What is the social context of the remark?
82
________________________ is a common-law defense that protects the publication of statements of opinion.
Fair comment
83
According to attorney David Utvesky, what steps should journalists take to avoid libel lawsuits based on statements of opinion?
a. When stating an opinion, try to make certain it is understood as such. But remember the words "in my opinion" don't change a statement of fact into protected opinion.
b. Don't rely on journalistic context to protect you. Just because the libel appears in a review of a column or a commentary does not mean a court will always regard it as opinion.
c. Clearly state and summarize the facts on which your opinion is based. Ask yourself whether you believe a court could find that these facts support your opinion about the matter.
d. Make certain the facts are true. If there is a dispute about the facts, refer to both sides of the dispute when stating your opinion.
84
The most common libel damages are called ____________________, or damages from actual injury.
actual/general damages
85
Today, criminal libel law remains as kind of a ______________________________.
relic of the past
86
Privacy is an ______________ concept -- what one generation considers private another may not, and what people may consider private will ________ from time to time, place to place, and _____________ to ____________.
amorphous; vary; culture; culture
87
The three basic conceptions of privacy:
privacy of autonomy, privacy of space, privacy of information
88
What are the sources of privacy law in the United States?
Constitutional law, statutory law, common law, administrative law
89
The four areas of privacy law:
1. appropriation of one's name or likeliness for trade purposes
2. intrusion upon an individual's solitude or seclusion
3. public disclosure of private facts about an individual
4. publishing material that puts an individual in a false light
90
It is illegal to use an individual's name or likeness for commercial or trade purposes without consent. This is called _________________.
appropriation
91
In 2019, who did pop star Ariana Granda sue for violating her right of publicity?
Forever 21
92
The blurring between news and entertainment and the convergence of public information and marketing are issues that complicate the ______________________________________ exception.
news and public interest
93
The Booth rule provides fairly ____________ protection to the mass media in most states if an individual's __________ or _____________ is used in advertising for a particular information medium.
broad; name; likeness
94
Consent: The law prohibits only the __________________ use of a name or likeness for commercial or trade purposes.
unauthorized
95
It is illegal to intrude, physically or otherwise, upon the solitude, seclusion or private affairs of an individual if a reasonable person would find the manner of the intrusion to be highly offensive. This is called _______________.
intrusion
96
Intrusion and the Press: Courts have yet to rule on whether an Internet user who is sending or receiving material through a __________________________ (WiFi) enjoys a reasonable expectation of privacy.
wireless connection
97
What occurs in public is generally not regarded as being __________.
private
98
Starting in 2012, numerous states began adopting criminal statutes known as _________________ laws that make taking undercover images much more difficult.
ag-gag
99
Intrusion: The problem with the growing number of state statutes targeting __________ use is that they create an uneven patchwork of laws that journalists must navigate to avoid civil and criminal liability.
drone
100
One who gives publicity to a matter concerning the private life of another is subject to ___________ to the other for __________ of his privacy, if the matter publicized is of a kind that
a. would be highly ___________ to a reasonable person, and
b. is not of legitimate _________ to the public.
liability; invasion; offensive; concern
101
Basic elements of the public disclosure of private facts tort:
1. There must be publicity given to private facts about an individual
2. The revelation of these facts must be highly offensive to a reasonable person
3. The published material must not be of legitimate public concern
102
Before an invasion of privacy suit can be successful, the ________ must demonstrate that the material publicized was indeed ______________.
plaintiff; private
103
Naming Rape Victims: Some ___________ ___________ are trying to reach a compromise on this matter by not disclosing the __________ _____________ unless she or he consents to the use.
media organization; victim's name
104
It is the job of ________ and ____________, not the courts, to decide what is and what isn't important.
editors; reporters
105
Legitimate public concern and newsworthiness: The newsworthiness ___________ will not always carry the day.
argument
106
People whose lives intersect with famous, infamous, or other ____________ individuals also lose some of their privacy.
newsworthy
107
Newsworthiness in a nutshell: Factors for legitimate public concern:
1. the social value of the private facts that were published
2. how deeply the disclosed private facts cut into ostensibly private affairs
3. the extent to which the plaintiff (the individual to whom the private facts pertain) voluntarily rose to a position of public notoriety.
108
The ethics code of the Society of Professional Journalists (SPJ) reminds reports to "recognize that gathering and reporting information may cause _______ and ____________. Pursuit of the news is not a ________ for arrogance."
harm; discomfort; license
109
It is illegal to publicize material that places an individual in a false light if:
a. the false light in which the individual was placed would be highly offensive to a reasonable person
b. the publisher of the material was at fault when the publication was made
110
False-light privacy:
1. Publication of material put an individual in a false light.
2. The false light would be highly offensive to a reasonable person.
3. The publisher of the material was at fault.
111
The purposeful distortion of the truth, usually for dramatic purposes is called:
fictionalization
112
Misuse of ____________ , both still and video, is a common problem.
photographs
113
Before a plaintiff can win a false-light case, the court must be convinced that the material that is false to a highly offensive to a ____________ ____________.
reasonable person
114
Since 1967, plaintiffs in a ______________ suits have been required to prove a _________ requirement much like the one applied in libel cases.
false-light; fault
115
Today the law regarding new gathering is also focuses on efforst by the ______________ and others to stop the ________ from the collecting data about a wide range of people and activities.
government; press
116
Rights and liberties are grounded in the _______.
law
117
There are threee wources of law to which journalist might look to find a legal right of access to information:
1. common law
2. Constitutional law (the First Amendment to the U.S. Constitution)
3. statutory law (both state and federal statutes)
118
"Newsmen have no constitutional __________ ___ ________ to prisons or their inmantes beyhond that afforded the ___________ ___________.
right of access; general public
119
The lower ferderal and state courts tend to _______ the rulings by the Supreme Court that reject the notion of a First Amendment right of access to information and meetings.
mirror
120
Is there a First Amendment right of access for the media to conduct one-on-one interviews with government officials such that the officials cannot refuse to speak with the news media?
No.
121
An intentional, unauthorized (i.e. without consent) entry onto land that is occupied or possessed by another is called:
tresspass
122
Reporters who want to enter private property need the ___________ of the occupant of the owner of the property. __________ and ______________ are unable to give the press this permission.
permission; police; firefighters
123
A knowingly false statement of a material or significant fact that is communicated with the intent to induce the plaintiff to rely on that statement and that does, in fact, induce the plaintiff to reasonably rely upon it to the plaintiff's harm or injury:
fraud
124
Covering and Recording Protests and Police: Most courts now have ruled that recording or ____________ police officers performing their duties in public is ___________ by the First Amendment and does not amount to interferijng with them.
photographing; protected
125
FOIA stands for:
Freedom of Information Act
126
Now nearly 50 years old, FOIA provides a powerful tool for __________________________________________.
investigative journalists.
127
In 1996 Congress adopted an amendment to the Freedom of Information Act that requires government agencies to apply the ___________ ______________ of disclosure to ______________ records that they have alwasy applied to paper documents.
same standards; electronic
128
In 2007, President Bush signed the first major amendments to FOIA in many years the ______________ _______________ _____________ __ _____ _____________ _________________ Act.
Openness Promotes Effectiveness in Our National Government Act
129
The law does not cover records held by __________ or the federal courts.
Congress
130
Exemptions to disclosure under The Freedom of Information Act:
1. national security matters
2. housekeeping materials
3. material exempted by statute
4. trade secrets
5. working papers/lawyer-client priveleged materials
6. personal privacy files
7. law enforcement records
8. financial institution materials
9. geological data
131
Government departments must answer requests for records and documents within ____ business days.
20
132
The 1976 federal open-meetings law is called:
Government in SUnshine Act
133
Most state laws permit inspection of records by ______ __________.
any person
134
There is a growing movement in some _________ to exempt from their open records laws the tapes and/or transcripts of _________ emergency telephone calls.
states; 911
135
FERPA stands for:
Family Educational Rights and Privacy Act
136
HIPPA stands for:
Health Insurance Portability and Accountability Act
137
It is not uncommon for people ________ the news-gathering business to want the information gathered by __________.
outside; journalists
138
If you breach a promise of ______________ given to a source by revealing and disclosing that source's name in ________, to a grand ________ or simply by _______________ it in the pages of your newspaper or on its Web site, then you can be sued.
confidentiality; court; jury; publishing
139
In our society the press is supposed to represent a ____________ entity as it gathers and publishes news and informaiton.
neutral
140
Tips for reporters on promising confidentiality:
1. Do not routinely promise confidentiality as a standard interview technique.
2. Avoid gathering an absolute promise of confidentiality. Try to persuade the source to agree that you may reveal his or her name if you are subpoenaed.
3. Do not rely exclusively on information from a confidential source. Get corroboration from a nonconfidential source or documents.
4. Consider whether others (police, attorneys, etc.) will want to know the identity of the source before publishing and broadcasting the material. Will you be the only source of this information, or can they get it elsewhere?
5. Consider whether you can use the information without disclosing that it was obtained from a confidential source.
141
Tips for reporters when confronted with a source who demands confidentiality:
1. Assume the interview is on the record unless the subject seeks anonymity.
2. Realize that there is no obligation to grant anonymity for information that has already been provided.
3. Before making any promise to a source, try to find something out about the information and where it comes from.
4. Talk with an editor or news director before making any promises to a source.
5. Keep any promise made to a source simple and easy to fulfill, and be certain both you and the source completely understand the conditions to which you have agreed.
6. Record any promise you make to a source.
7. Avoid adding material to a story that a source has already approved, or try to avoid promising the source that he or she has story approval.
142
In 1972 the Supreme COurt of the United States ruled, in a 5-4 decision, that there was no ___________ under the First Amendment for journalists to refuse to reveal the names of __________ sources or other information when called to testify before a ___________ __________.
privilege; confidential; grand jury
143
Courts are most likely to recognize the __________ of a journalist to refuse to ________ in a _________ action.
right; testify; civil
144
In a___________ ________ the privilege for the reporter must be balanced against the Sixth Amendment right of the defendant to _________ ______________ on his or her behalf.
criminal case; compel testimony
145
In a 1997 U.S. District Court ruling the three-judge panel defined a journalist as one:
a. who engages in investigative reporting
b. who gathers news
c. who possesses the intent at the beginning of the news gathering process to disseminate this news to the public.
146
Does Washington state have a shield law?
Yes
147
What should a reporter do if he or she is subpoenaed?
Try to avoid the problem altogether. Don't panic. Tell your editor and news director immediately. Talk with you news organization's legal counsel. Don't attempt to avoid being served with a subpoena. Immediately gather information as soo as the subpoena is served. Provide the material if it's already been published. Don't talk to people outside the organization. Hire your own lawyer if you believe the source should remain confidential.
148
Those who work in the mass media and run afoul of judicial orders or the commands of legislative committees can quickly feel the sharp sting of a _____________ ______________.
contempt citation
149
What is the collateral bar rule?
a rule that requires that all court orders, even those that appear to be unconstitutional and are later deemed to be unconstitutional by an appellate court, must still be obeyed until they are overturned; states that a person who violates a court order cannot collaterally challenge the order's constitutionality as a defense to the contempt charge
