jour302 s01 quizes

jour302 s01 quizes - Journalism 302 Media Law Quiz 2 30+...

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Unformatted text preview: Journalism 302 Media Law Quiz 2 30+ pts. Spring 2001 'l. M /7 Name_ U The First Amendment was brought to bear on libel law, for the first time in: NY Tlme v SWllVCtl/l ,2) In our class discussion of the libel case brought by the plaintiff who had /f)e/en convicted of driving with a suspended license (DWS), would the outcome if likely have been different for the defendant if the lawsuit had been triei fter @or No the here. Now briefly explain why or why not? decision in the case you cited in the answer to question 1? CIRCLE (2 pts.) fl No (Mir Briefly, what exactly is qualified privilege? (1) NAM 4. Nonpublic plaintiffs were required to prove fault after the decision in: be. rile V Wei: ii (2) MULTlPLE CHOICE - Circle of letter of best choice. 1 point each. 5. 6.A A full retraction published after a timely request for one, usually means: ,a’. no libel suit can be brought against the news organization - a judge will dismiss the suit on summary judgment for the defendant é if plaintiff wins a subsequent suit, only actual damages can be sought d. if defendant wins the suit, plaintiff must pay court costs ctual damages are defined as: a. the amount a jury awards a plaintiff for unfocused injury to reputation @ provable amounts lost. by the plaintiff as a result of the defamation c. awards aimed at teaching a lesson, making an example of some media d. all of the above ' 7. The retraction in the Burnett v. National Enquirer case: A x. worked for the benefit of the National Enquirer b. compounded the libel by repeating some of the original untruths Cc) was irrelevant, because the jury was not allowed to see it d. was published within the time period prescribed by California statute Libel is: ,a’. character assassination : any statements that injure reputation defamation . defamation of character w <9 Journalism 302 Q25p01 p3 ‘ 18. Trace the judicial evolution of the fault requirement in libel as it applies to public figures. Cite the appropriate cases. (10) 7 1 .l). V- Wat/lite?“ :if Quilts (0. \/ lac-ll ll.[;3l"-le,-'§ {Sile “Tl/10H“ A gulp“! {Muir pail a , {5:15;}: muallqt lqyétlw/ l ’l- 905:? Ml sci-~13} . limp (‘61 ML «ii-u. lawlch pl pi—‘awwfl VOL-Lilli. ‘ _. amoral 'Yha’r ll 0L Jaficmm - m a {WWW “7'5"”: “'3 ‘ also ‘l’lfili 4W. ‘y/‘Lfiv‘sriizmi :.:,’,=w:l(;’ Alina-l. Helm" liticc’LUW-x His a whim, \‘merljn Carl-lg. 1Jwil‘lelch flint: £6136 alefinfd - W WW h mg- mrl'uclll-g was (Eh/How'-mv'olWWU! kflPU-rTJZ-fif‘alli'lll' Cl) ‘ / a pr Twckf 0 0mm Waco, v. m @«&mmv.W%M @* Tim lino. \l."fir€gflmflb 6} Wle v. WW3 19136? 2?+3v?é Journalism 302 Mass Media Law Quiz 4 30+ pts. Spring 2001 Man 0 Multi le choice: Select the sin le best answer and CIRCLE its letter. 1 pt. each 1. The news media have no First Amendment right of access to facilities administered by government entities. Houchins v. KQED B. Richmond Newspapers v. Virginia C. Miller v. NBC ’ D. Florida Publishing Co. v. Fletcher 2. Voir dire is: A. the technical term for jury deliberations ‘@ the term that describes a court’s examination of prospective jurors for bias C. the legal review of the evidence before trial D. final instructions to the jury . Which is illegal under Califomia law A. recording a telephone conversation without the other party’s consent 3. hidden-camera (video or still) recording of a persou without consent C. both A 8: B above @I.‘ neither A nor B above Case identification. 2 points each. 4. lat? a "ii-fill “V AT T _ Ruled that journalists’ phone records may be provided to law enforcement agencies. 5. n '54.??? if v (3 U. if“ Wréf‘ ‘ ___ State laws mandating _triaLL‘lgsurg of all cases in certain types of crimes are . . ,W— unconstitutlon 4 H t . WWW. .“ ‘A'iiliiiflfl 3:55;? V_i\lfjigifléiii Provided criminal trial judges with specific guidelines to go beyond traditional remedies in controlling prejudicial publicity. 7. The Freedom of Information Act ailows the government to deny a request under '_ nine exemptions. List two discussed in class. (2 pts.) 6X M11116 avairs’m. Wilma-l mam-i California gig not meet two of the “ideal statute” standards in a national study of open—meetings laws. What was one of them? (1 pt.) ' fix J302/q4/sp01/p3 11. Essex. Using the provisions of Penal Code "868 and the two relevant cases discussed in the free press/fair trial area, explain ‘briefly'where the law stands currently on the matter of press access to preliminary (or pretrial) ‘ hearings. Answers must be confined to the space provided. (8 pts.) 7 Cum/Wu . in iii/v: mamcoi Wss access/la mellow/mug, WWW/l 5,414: law IS’UML’F- with rel/rim 0pm WW'.wiolie(mrylmdmrlint/PW? QWIMSS- d a W my ad magma/)9 Mar. 1 mm 50°“ W 0,1de Normal/4L Preesmc- - Sinai/it, 3 our 9% put 51 ‘ mam W1 imp/Less, Much was Male Q!” Qbymomé WEN 4hr Supreme 0%. W Olefin/mg 95*}: {Mg m 6H 0 re Maggi?) FVMllMli/iéifngWl/i (5&9 wag-Jim Gal/At PYESS @W‘pnse v. S 1/ 01': A7,; 5 . 5 GM gamma/mammal“ Prelim/imam Mil/UV) s, 9%: 01) w/iwmm. our, Wlll min/lam 0 win/W; 1;. m1 {A W’llifi/Wé r0 liar/{MMSW We s flls well. + social/(hm M’ .J’ U? Ct mam ' 0mm Op’ihc rein/mm marma- was W‘gpprovem 479% rpm/Wu: WS’I' le’P/st’r Oijjéw ‘ ,j ' o ‘- 5 04° Km“) . i r, zm-i Pox/hm would beryl - * .- —._ ' - _ "du- vm L .. In: 42.51.: ' i - " "32-5- - _ “Wayw- ' '- _. , r - . . 1‘11 . - _.-_. , ':-'—' I U.OF EXTRA CREDIT 1 point each; 6 for all correct A. Dietemann v. Time inc. D. New York Times v. Sullivan B- Edwards v . National Audubon Society E. New York Times v. Superior Ct. C. New York Times v. US. F. Time Inc. v. Hill D The First Amendment requires public officials to prove actual malice 3 ATM First Amendment requires all plaintiffs to prove actual malice A The First Amendment provides no right to intrude into one’s solitude C A government attempt at prior restraint violated the First Amendment 39 Journalism 302 Quiz 5 Spring 2001 30+ points NAM: ‘ * Select the single best answer and circle the letter. ' 'l. Franchising authority for cable operators lies at what governmental level? A. state local C. federal ‘0. all of the above 2. Must-carry provisions were defined by the FCC under the authority of the: A. Cable Communications Policy Act of 1984 Cable Television Consumer Protection and Competition Act of 1992 . The Telecommunications Act of 1996 D. The Communications Act of 1934 Recent FCC rulings have: made it more difficult for citizens groups to impact broadcast regulation \/ tended to move back in the direction of regulation of broadcasting _ . challenged the licenses of an increasing number of stations D required more reporting from licensees, called “ascertainment” 4. During her campaign for the US. Senate, Barbara‘Boxer came to SLO just as a devastating fire roared through the dry country around Lopez Lake- KSBY-TV covered the story. Boxer was on the scene. The reporter should have probably: A’. interviewed the candidate, even though her opponent may get equal time B. called the news director and checked on aspects of the fairness doctrine avoided interviewing her because she was a candidate for federal office interviewed her because Section 315 of the FCA exempts spot-news 5. The fairness doctrine was applied to: A. news and public affairs programs B. entertainment programs advertising C. @ all the above _ The Cable Communications Policy Act of 1984 allows local municipalities to: ‘/ a set rates that subscribers pay . prescribe technical standards . see that the cable company provides citizen access establish the franchise fee 7. Section 315—— equal time requirement——of the FCA means that broadcasters: . must give equal time to all political candidates é respond to demands for equal time after a'candidate appears on the station Cl." give a reasonable amount of time to candidates for federal office ’D. seek out various points of view about controversial issues V 8. Persons favoring deregulation of broadcasting argue that the trusteeship theory r. model of broadcast regulation is best replaced with the so—called: marketplace approach . scarcity theory . government operation of about half of broadcasting @ the Gingrich model J302Q53p01p3 16. ESSAY (sort of) 10 pts. Using at least four cases, explain how the scarcity of resource argument has played a role in the regulation and deregulation of broadcasting. (My answer follows; you just fill in the case names). “The scarcity of resource argument was adopted as part of the legal reasoning to give the FCC authority to regulate broadcasting consistent with the First Amendment (letter A case). Later, it was used to justify a right 9f ages; to broadcast media (B). Then, half a decade later, such governmentally commanded access was ruled unconstitutional as it was applied to newspapers, which suffer no similar physical- limitation (C). Still later, the FCC itself, abandoning its self-devised access rule, declared the scarcity argument obsolete, and the circuit court for the District of Columbia agreed (D). 1 - Case A J x v a). .4 5 WWCEXTRA CREDIT — 1 point each; 10 for all correct! What a deal! \ I ‘i (a A. Branzburg v. Hayes E. Houchins v. KQED M‘ l B. Cohen v. Cowles Media Co. F. Masson v. New Yorker r y Cox Broadcasting v. Cohn ’5}: Milkovich v. Lorain Journal Pf Curtis Publishing Co. v. Butts. Schenck v. U.S. Grants of confidentiality to news sources are no longer the prerogative of reporters alone. a Made expressions of opinion subject to possible libel suits, absent clear hyperbole. ‘ /0 Applied the actual malice standard for the first time to public—figure libe' plaintiffs. 0/ Material published from a public record is privileged in a privacy/private facts lawsuit. ‘H' Expression that fails to create a clear and present danger is protected speech. q I ~ I y, xiii/fill : PM Wlé'énfigflw‘? Wilt)? ' “(WW so Journalism 302 5-quiz totals and curve on 150 points STUDENT TOTAL QUIZ POINTS 0196 118 135-150+A= 7 0619 151 117-134 B='6 0882 99 98-116 C: 9 1105 131 78- 97 D: 6 1223 126 [+b lq‘ F= 2 ‘00 1362 130+ 72 “m 88' 77' 1632 155 _flfl‘r szfig Afgva 2275 76 ‘ 13 1 fl 1U (03+1:r gr 3184 113 Am“ h” “’7” r )4 ' 3278 141 3555 78 3563 75 3712 79 4043 138 4080 83 4433 139 5372 95 5553 101 5805 110 5958 83 6036 115 6188 144 6239 99 6733 108 7327 115 7531 119 8627 103 8821 136 9002 126 9177 80 Fl Mfg??? _ Journalism 302 Mass Media Law Quiz l Spring 2001 30 pts NAME - . u. 2 pts each except where otherwise indicated. 7 MULTIPLE CHOICE: Select the single best answer. , ln R.A.V. v. St. Paul, the Supreme Court: A. reaffirmed the right of the government to censor so—called fighting words ruled that the government could not ban just certain, selected fighting words agreed that the cross burning was protected speech under the 14th and 1 st amendments D. all of the above 2. Marbury v. Madison established: A. the First Amendment would enjoy a preferred position over conflicting interests B. that prior restraints were presumed in advance of argument to be unconstitutional ,2? the fighting words doctrine @power of the US. Supreme Court to invalidate an act of Congress 3. The origin of laws brought to bear against Schenck and Gitlow was: X. administrative ,B’. constitutional C. common @statutory . Among the so—called traditional communication media, those enjoying the most freedom are: telephone conversations ewspapers, magazines, books, pamphlets " C. radio and television @cable channels . The idea that “public speech” (as contrasted with “private speech”) should enjoy absolute flirotection under the First Amendment was propounded principally by: A. The Supreme Court majority under Justice Brennan Philosopher Alexander Meiklejohn Chief Justice John Marshall D. President James Madison 6. Brandenburg’s conviction was overturned because: if. his conviction was an unreasonabie action by the Ohio state legislature 8. he had a right to circulate his ideas, despicable as the Ku Klux Klan may be ,(2 his call to action was vague, not well defined h _ . . . . @t edr‘grg iigfigfgigegal action was seen as unliker 7. In Gitlow v. New York, the US. Supreme Court equated the word “liberty” in the due process clause of the Fourteenth Amendment to: A. personal freedom for all US. citizens 3. antislavery legal positions ,C'Jno prior restraint on the press freedom of expression in the First Amendment ...
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This homework help was uploaded on 02/13/2008 for the course JOUR 302 taught by Professor Staff during the Spring '01 term at Cal Poly.

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jour302 s01 quizes - Journalism 302 Media Law Quiz 2 30+...

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