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Class:JRNL 332 - Journalism Law
Subject:Journalism
University:Southern Illinois University Carbondale
Term:Unknown
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Publication, Defamatory statement, and identifies Common libel law elements
those among the heirarchy of governmental employees who have substantial responsibility for/control over conduct over govermenta Public Official[[Defined in Rosenblatt v. Baer]]
What 3 categories can public figures fall under? 1. all purpose [assumed...special prominence] 2. limited or "vortex" ["thrust into the forefront"] and 3. involuntary ["exceedingly rare"] [[defined in Gertz v. Robert Welch, Inc]]
1986 U.S. Supreme Court opinion held that even private plaintiffs who sue the news media for libel in a matter of "public concer Philadelphia Newspapers v. Hepps
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What is the definition of qualified privilege? A common law privilege protects news media coverage of certain governmental activities, if the report is fair and accurate
How many branches of the "invasion of privacy" tort as identified by scholar William Prosser? 4
This tort is similar to defamation, but a claim can be based on neutral, even flattering statements False Light
What is appropriation? The unauthorized use of one person's name or likeness for the commercial benefit of another
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What are some of the things that is NOT protected by copyright? Ideas, facts, titles, short phrases, historic theories
This humorous use, even if for commercial profit, might be considered a "fair use" Parody
How many supreme court justices are there? Nine
Who is the current Chief Justice? John Roberts
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Who must give approval for a Supreme Court Justice? The U.S. Senate
Which former Chief Justice wrote the Milkovich majority opinion? Rehnquist
Who was the first woman to ever serve on the U.S. Supreme Court? Sandra Day O'Connor
Which two U.S Supreme Court justices to ever argue that the First Amendment's "Congress shall make no law" means NO law, no pres Chief Justice Black and Douglas
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What does a trademark protect? protects names, symbols, and slogans used to identify products from use by a competitor
In a legal citation, the first number provides this location key Volume Number
In a legal citation, the second number provides this location key Page number
What is the name of the federal open records act? Freedom of Information Act
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What are places that you would NOT go to file a FOIA? Office of the Presidet, the federal courts, Congress, state and local governments
What must you do (in the state of Illinois) before recording someone? You must ask for their permission
The level of defendant's "fault" that private individuals bringing libel suits in Texas or in Illinois must prove-if public conc Negligence
What are the 3 defenses to the tort of public disclosure of embarassing private facts? 1. Can it be found anywhere else (ex: public records) 2. It is a matter of legitimate public concern 3. the matter disclosed is not embarassing to a person of ordinary sensibilties
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In Dietemann v. Time, Life magazine lost against what claim of the plaintiff? Intrusion
When the TV Station broadcast the human canonball's entire act, it violated this right of Mr. Zacchini His right to publicity or can be known as the "right TO publicity"
What 4 things are considered when deciding if it was "fair use"? 1. the purpose and character of the use 2. the nature of the copyrighted work 3. the amount and substantiality of the use 4. the effect on the potential market value of the borrowed work
When is the employer the owner of the work? (2 things) 1.when it is prepared by a paid employee 2. it is a "work made for hire"
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The United States joined this internation treaty on 3/1/89, what is it? The Berne Convention
Federal district (trial) court opinions from throughout the United States can be found in this Reporter series F. Supp OR F. Supp. 2d
Federal appellate (circuit) court opinions from all over the United States can be found in this reporter series F OR F. 2d. OR F.3d
U.S. Supreme Court opinions are published in these 3 different U.S. OR S.Ct. OR L.Ed
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To "trigger" most open records statutes, records requestors must do this Submit a written request
This equipment is welcomed in Florida and some state courts but not in the U.S. Supreme Court's courtroom Cameras (still and video)
This 1964 U.S. Supreme Court opinion changed the face of U.S. libel law New York Times vs. Sullivan
What is the name of the federal open meetings act? "Government in the Sunshine" act
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In New York Times v. United States, the U.S. Supreme Court quickly heard oral arguments to decide whether release of these "pape The Pentagon Papers
This U.S. Supreme Court's landmark prior restraint opinion involved a "raggy" scandal sheet Near v. Minnesota
The U.S. Supreme Court held a Florida statute unconsitutional, which punished newspapers who published sexual assualt victime Florida Sun v. BJF
What 2 U.S. Supreme Court opinions explain what is or is not a "fair use" under U.S. copyright law? Harper & Row Publishers v. Nation Enterprises OR Campbell v. Acuff-Rose
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In this 1969 opinion, the U.S. Supreme Court held that the "fairness doctrine" did not violate the First Amendment Red Lion Broadcasting v. FCC
This Bill of Rights provision guarantees a criminal defendant "the right to a speedy and public trial by an impartial jury" The Sixth Amendment
What is the process where a judge or the attorneys question potential jurors weed out those who may be prejudiced against the de Voir Dire
He was in prison for more than a decade before the U.S. Supreme Court held that he had been denied a fair trial b/c publicity & Dr. Sam Sheppard
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What are some steps a court might use before completely closing the courtroom? Let time pass, change venue, use rigorous voir dire, sequester the jurors, restrict the number of public and other people in the courtroom, ban cameras, "gag" participants, keep jurors' names from the public and the media, and close part of the trial
What 3 hurdles did the U.S. Supreme Court create in Nebraska Press Association v. Stuart before a court can "gag" the media to e 1. widespread prejudicial publicity 2. other methods won't work AND 3. the gag will work
1980 U.S. Supreme Court opinion held that the 1st Amendment's "freedom of assembly" clause gave the public & journalists a right Richmond Newspapers v. Virginia
"Works taken as a whole, which appeal to prurient interest in sex, which portray sex...in a patently offensive way, and which ta (not have serious literary, artistic, political or scientific value)>> Obscene
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If a court has found a movie to be obscene, this remedy can be used by a judge to prevent future exhibitions Prior restraint, such as a temporary restraining order OR an injunction
What 2 U.S. Supreme Court opinions form today's obscenity definition? Roth v. United States OR Miller v. California
1969 U.S. Supreme Court opinion held that Georgia law was unconstitutional & could possess pornography in the privacy of your ho Stanley v. Georgia
1982 U.S. Supreme Court opinion held that there is no 1st Amendment protection for portrayals of sex acts by children under the New York v. Ferber
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Type of speech is protected by 1st Amendment as long as it is not misleading & as long as it concerns lawful activities Commercial speech
1964 libel opinion shows that politcal/issue ads have the full protection of the First Amendment, even if they are paid ads New York Times v. Sullivan
Federal agency with the prime responsibility to protect citizens from misleading advertising, in general Federal Trade Commission
What are the 3 parts of the Central Hudson test? 1. asserted governmental interest is substantial 2. proposed regulation directly advances that government interest 3. the regulation is not more extensive than necessary to serve the governmental interest
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1980 U.S Supreme Court opinion details the test for when ads can be regulated Central Hudson Gas & Electric v. Public Service Communications
1974 U.S.S.C opinion held that privately owned newspapers can't be forced to accept & publish editorial matter from candidates (who claim to be under attack) Miami Herald v. Tornillo
Generic name for a statute which journalists are entitled to protect the confidentiality of their sources Shield law OR Reporter's privilege
Lower courts have read this 1972 U.S. Supreme Court opinion as both rejecting & supporting reporter's privilege Branzburg v. Hayes
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Lower courts that recognize a limited constitutional journalists' privilege generally use this 3 part test...what is it? 1. information sought is clearly relevant 2. the info goes to the heart of the question 3. information cannot be obtained from another source
"reporters privilege" might be outweighed in a civil libel action if the plaintiff has to prive this subjective level of fault actual malice
"journalist's privilege" must be balanced against this federal constitutional amendment... (providing, in part, that criminal defendants have the right to subpoena witnesses) SIXTH AMENDMENT
Although the U.S. House has passed a measure, as of 12/09, the Senate has not voted to pass this type of law federal shield law
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A federal agency with prime responsibility for regulating broadcasting Federal Communications Commission
common name of section 315 of the federal broadcasting act, requires broadcasters who sell candidate A time must sell equivalent Equal Oppurtunities requirement
FCC generally abandoned this in 1987, which required broadcasters to identify & present various viewpoints on controversial publ Fairness Doctrine
A federal law, 18 USC section 1464, prohibits the use on the air of these 3 types of languages/activities Obscene, indecent or profane language
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Under this rule, if a station grants candidate A's friends time, it must treat the friends of candidate A's opponents the same Zapple Doctrine
What word did the USSC define as "noncomformance with accepted standards of morality"? Indecency
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 Publication, Defamatory statement, and identifiesCommon libel law elements
 those among the heirarchy of governmental employees who have substantial responsibility for/control over conduct over govermentaPublic Official[[Defined in Rosenblatt v. Baer]]
 What 3 categories can public figures fall under?1. all purpose [assumed...special prominence] 2. limited or "vortex" ["thrust into the forefront"] and 3. involuntary ["exceedingly rare"] [[defined in Gertz v. Robert Welch, Inc]]
 1986 U.S. Supreme Court opinion held that even private plaintiffs who sue the news media for libel in a matter of "public concerPhiladelphia Newspapers v. Hepps
 What is the definition of qualified privilege?A common law privilege protects news media coverage of certain governmental activities, if the report is fair and accurate
 How many branches of the "invasion of privacy" tort as identified by scholar William Prosser?4
 This tort is similar to defamation, but a claim can be based on neutral, even flattering statementsFalse Light
 What is appropriation?The unauthorized use of one person's name or likeness for the commercial benefit of another
 What are some of the things that is NOT protected by copyright?Ideas, facts, titles, short phrases, historic theories
 This humorous use, even if for commercial profit, might be considered a "fair use"Parody
 How many supreme court justices are there?Nine
 Who is the current Chief Justice?John Roberts
 Who must give approval for a Supreme Court Justice?The U.S. Senate
 Which former Chief Justice wrote the Milkovich majority opinion?Rehnquist
 Who was the first woman to ever serve on the U.S. Supreme Court?Sandra Day O'Connor
 Which two U.S Supreme Court justices to ever argue that the First Amendment's "Congress shall make no law" means NO law, no presChief Justice Black and Douglas
 What does a trademark protect?protects names, symbols, and slogans used to identify products from use by a competitor
 In a legal citation, the first number provides this location keyVolume Number
 In a legal citation, the second number provides this location keyPage number
 What is the name of the federal open records act?Freedom of Information Act
 What are places that you would NOT go to file a FOIA?Office of the Presidet, the federal courts, Congress, state and local governments
 What must you do (in the state of Illinois) before recording someone?You must ask for their permission
 The level of defendant's "fault" that private individuals bringing libel suits in Texas or in Illinois must prove-if public concNegligence
 What are the 3 defenses to the tort of public disclosure of embarassing private facts?1. Can it be found anywhere else (ex: public records) 2. It is a matter of legitimate public concern 3. the matter disclosed is not embarassing to a person of ordinary sensibilties
 In Dietemann v. Time, Life magazine lost against what claim of the plaintiff?Intrusion
 When the TV Station broadcast the human canonball's entire act, it violated this right of Mr. ZacchiniHis right to publicity or can be known as the "right TO publicity"
 What 4 things are considered when deciding if it was "fair use"?1. the purpose and character of the use 2. the nature of the copyrighted work 3. the amount and substantiality of the use 4. the effect on the potential market value of the borrowed work
 When is the employer the owner of the work? (2 things)1.when it is prepared by a paid employee 2. it is a "work made for hire"
 The United States joined this internation treaty on 3/1/89, what is it?The Berne Convention
 Federal district (trial) court opinions from throughout the United States can be found in this Reporter seriesF. Supp OR F. Supp. 2d
 Federal appellate (circuit) court opinions from all over the United States can be found in this reporter seriesF OR F. 2d. OR F.3d
 U.S. Supreme Court opinions are published in these 3 differentU.S. OR S.Ct. OR L.Ed
 To "trigger" most open records statutes, records requestors must do thisSubmit a written request
 This equipment is welcomed in Florida and some state courts but not in the U.S. Supreme Court's courtroomCameras (still and video)
 This 1964 U.S. Supreme Court opinion changed the face of U.S. libel lawNew York Times vs. Sullivan
 What is the name of the federal open meetings act?"Government in the Sunshine" act
 In New York Times v. United States, the U.S. Supreme Court quickly heard oral arguments to decide whether release of these "papeThe Pentagon Papers
 This U.S. Supreme Court's landmark prior restraint opinion involved a "raggy" scandal sheetNear v. Minnesota
 The U.S. Supreme Court held a Florida statute unconsitutional, which punished newspapers who published sexual assualt victimeFlorida Sun v. BJF
 What 2 U.S. Supreme Court opinions explain what is or is not a "fair use" under U.S. copyright law?Harper & Row Publishers v. Nation Enterprises OR Campbell v. Acuff-Rose
 In this 1969 opinion, the U.S. Supreme Court held that the "fairness doctrine" did not violate the First AmendmentRed Lion Broadcasting v. FCC
 This Bill of Rights provision guarantees a criminal defendant "the right to a speedy and public trial by an impartial jury"The Sixth Amendment
 What is the process where a judge or the attorneys question potential jurors weed out those who may be prejudiced against the deVoir Dire
 He was in prison for more than a decade before the U.S. Supreme Court held that he had been denied a fair trial b/c publicity & Dr. Sam Sheppard
 What are some steps a court might use before completely closing the courtroom?Let time pass, change venue, use rigorous voir dire, sequester the jurors, restrict the number of public and other people in the courtroom, ban cameras, "gag" participants, keep jurors' names from the public and the media, and close part of the trial
 What 3 hurdles did the U.S. Supreme Court create in Nebraska Press Association v. Stuart before a court can "gag" the media to e1. widespread prejudicial publicity 2. other methods won't work AND 3. the gag will work
 1980 U.S. Supreme Court opinion held that the 1st Amendment's "freedom of assembly" clause gave the public & journalists a rightRichmond Newspapers v. Virginia
 "Works taken as a whole, which appeal to prurient interest in sex, which portray sex...in a patently offensive way, and which ta(not have serious literary, artistic, political or scientific value)>> Obscene
 If a court has found a movie to be obscene, this remedy can be used by a judge to prevent future exhibitionsPrior restraint, such as a temporary restraining order OR an injunction
 What 2 U.S. Supreme Court opinions form today's obscenity definition?Roth v. United States OR Miller v. California
 1969 U.S. Supreme Court opinion held that Georgia law was unconstitutional & could possess pornography in the privacy of your hoStanley v. Georgia
 1982 U.S. Supreme Court opinion held that there is no 1st Amendment protection for portrayals of sex acts by children under the New York v. Ferber
 Type of speech is protected by 1st Amendment as long as it is not misleading & as long as it concerns lawful activitiesCommercial speech
 1964 libel opinion shows that politcal/issue ads have the full protection of the First Amendment, even if they are paid adsNew York Times v. Sullivan
 Federal agency with the prime responsibility to protect citizens from misleading advertising, in generalFederal Trade Commission
 What are the 3 parts of the Central Hudson test?1. asserted governmental interest is substantial 2. proposed regulation directly advances that government interest 3. the regulation is not more extensive than necessary to serve the governmental interest
 1980 U.S Supreme Court opinion details the test for when ads can be regulatedCentral Hudson Gas & Electric v. Public Service Communications
 1974 U.S.S.C opinion held that privately owned newspapers can't be forced to accept & publish editorial matter from candidates(who claim to be under attack) Miami Herald v. Tornillo
 Generic name for a statute which journalists are entitled to protect the confidentiality of their sourcesShield law OR Reporter's privilege
 Lower courts have read this 1972 U.S. Supreme Court opinion as both rejecting & supporting reporter's privilegeBranzburg v. Hayes
 Lower courts that recognize a limited constitutional journalists' privilege generally use this 3 part test...what is it?1. information sought is clearly relevant 2. the info goes to the heart of the question 3. information cannot be obtained from another source
 "reporters privilege" might be outweighed in a civil libel action if the plaintiff has to prive this subjective level of faultactual malice
 "journalist's privilege" must be balanced against this federal constitutional amendment...(providing, in part, that criminal defendants have the right to subpoena witnesses) SIXTH AMENDMENT
 Although the U.S. House has passed a measure, as of 12/09, the Senate has not voted to pass this type of lawfederal shield law
 A federal agency with prime responsibility for regulating broadcastingFederal Communications Commission
 common name of section 315 of the federal broadcasting act, requires broadcasters who sell candidate A time must sell equivalentEqual Oppurtunities requirement
 FCC generally abandoned this in 1987, which required broadcasters to identify & present various viewpoints on controversial publFairness Doctrine
 A federal law, 18 USC section 1464, prohibits the use on the air of these 3 types of languages/activitiesObscene, indecent or profane language
 Under this rule, if a station grants candidate A's friends time, it must treat the friends of candidate A's opponents the sameZapple Doctrine
 What word did the USSC define as "noncomformance with accepted standards of morality"?Indecency
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