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Media Law Exam 3

Media Law Exam 3

by paige.see11, Mar. 2011

Subjects: intrusion journalist privacy privilege right to

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	The right of privacy is... a. Typically more important to most Americans than the conveniences they would gain by giving up their privacy b. An absolute right that outweighs any competing social value c. Better protected by an opt-in policy than by an opt-out approach d. Explicitly stated in the U.S. constitution	C. better protected by an opt-in policy than by an opt-out approach
	The right to privacy... a. Belongs to corporations as well as individuals b. It explictly guaranteed in the U.S. constiution c. Is not an absolute right and must be weighed against competing social values d. Is implied by the first, third, fifth and 10th amendments to the U.S. Consitution	C. is not an absolute right and must be weighed against competing social values
	The right to privacy... a. Bars employers from monitoring their employees' work e-mail and Web usage. b. Was proposed by Warren and Brandies as an absolute protection against public disclosure of private, embarrasing facts. C. Was recognized first by New York but only as the right to stop the commerical exploitation of people's images d. Is found explicitly in the Second Amendment to the U.S. Consitution	C. Was recognized first by New york but only as the right to stop the commerical exploitation of people's images
	Under the sectoral approach to regulating privacy a. Individual privacy safeguards are found in a patchwork of federal and state statutes targeted at regulating the use of specific types of information or particular classes of information users. b. Privacy is treated as a commodity that creates greater consumer demand for privacy-enhancing products and policies c. A single regulatory agency has the power to quickly change privacy practices through rulemaking and adjudication that reflect an overarching and proactive approach d. A one-size-fits-all approach protects privacy	a. Individual privacy safeguards are found in a patchwork of federal and state statutes targeted at regulating the use of specific types of information or particular classes of information users.
	A company's stated policy of not selling its customers' personal information is an example of which approach to protecting privacy? a. Sectoral b. Market c. Bolivian d. Government Regulatory Agency	Market
	Which statement about protecting privacy is MOST accurate? a. Information privacy is more protected under the opt-out approach rather than the opt-in b. The American system of protecting information privacy requires companies to operate under an opt-in system c. Most European nations regulate data protection with comprehensive principles that apply only to government d. Opt-out means a company can use the personal information it gathers from a customer until the customer tells the company not to use it.	D.Opt-out means a company can use the personal information it gathers from a customer until the customer tells the company not to use it.
	Internet cookies... a. Are computer programs that Web sites put on your hard disks b. Are text files placed by Web sites on vistors' hard disks to store user preferences so that the sites can be customized for each visitor c. Gather information about your activities on the Internet, including which Web sites you visit and which links you click on at those sites d. Can be downloaded whenever the Web site wants the information collected by the cookie	b. Are text files placed by Web sites on visitors' hard disks to store user preferences so the sites can be customized for each visitor.
	As we discussed in class, Samuel Warren and Louis Brandies... a. Said even private people have no right to informational privacy b. Proposed a privacy right to stop the commercial exploitation of people's images c. Proposed an absolute privacy right to shield public figures' lives from public inspection d. Argued that a political candidate's pecularities of manner and personality would be of legitimate interest to the public	D. Argued that a political candidate's peculiarities of manner and personality would be of legitimate interest to the public
	Which statement is most accurate? a. Informational privacy is more protected under the opt-in approach than under the opt-out b.The American System of protecting informational privacy requires companies to operate under an opt-in system c. American businesses typically prefer to operate under the opt-in approach d. Under the opt-in approach, a website could use information collected from a person until the person says no.	A. Information privacy is more protected under the opt-in approach than under the opt-out
	FERPA, HIPAA, and the Driver's Privacy Protection Act are evidence that privacy in the United States is regulated through the ____ approach a. Marketplace b. Sectoral c. Unilateral d. Agency-based	B. Sectoral
	Which is evidence that privacy can be protected through the marketplace approach? a. Anti-spyware software b. HIPAA c. Driver's Privacy Protection Act d. Federal Trade commission	A. Anti- Spyware software
	As we discussed in class, Samuel Warren and Louis Brandies a. Argued that a political candidate's peculiarities of manner and personality would never be of legitimate interest to the public b. Contended that reporting on a would-be congressman's speech impediment or inability to spell correctly would be an inappropriate invasion or privacy c. Likely would have agreed with former President Clinton's claim to that even U.S presidents have a privacy right that shields their lives from public inspection d. Proposed a privacy right to stop unwarranted intrusions and the publication of private material about people.	D. Proposed a privacy right to stop unwarranted intrusions and the publication of private material about people
	For intrusion to have occured, the plaintiff must have had a reasonable what?	A reasonable expectation of privacy
	Under Intrusion in Oklahoma, the plaintiff can win only if a. Information was communicated to the public at large b. Plaintiff was clearly identified in the information c. Lawsuit is initiated within two years of the intrusive act d. Information was false	C. Lawsuit is initiated within two years of the intrusive act.
	Which statement is MOST accurate? a. Police cannot give reporters permission to be on private property over the objections of the property's owners or occupants b. A newspaper can be held liable for printing information from stoeln documents even if its employees had nothing to do with the theft of the documents c. The First Amendment provides a strong defense for reporters who trespass or otherwise violate the law to gather news d. Reporters are prohibited from asking unwanted questions more than once	A. Police cannot give reporters permission to be on private property over the objections of the property's owners or occupants
	Under the FCC rule, television and radio reporters intending to broadcast a telephone conversation live or record it for later broadcast.. a. Must tell the other party of the intention before doing so b. May do so and then tell the other party either during the conversation or afterward c. May always presume the other party knows the conversation is being recorded or aired d. May first have the other party's explicit permission to air the material	a. Must tell the other party of that intention before doing so.
	Under the tort of intrusion in Oklahoma... a. A reporter's best defense is that the information was true b. The plaintiff must prove the information was disseminated to the public at large c. Reporters can secretly record telephone conversations to which they are a party or have the consent of one of the parties d. A reporter posing as customer most likely would be guilty of trespass if she secretly videotaped those areas of the business open to the public	C. Reporters can secretly record telephone conversations to which they are a party or have the consent of one of the parties
	Under the tort of intrusion in Oklahoma... a. Reporters are prohibited from recording people even in public b. Secret recording of face-to-face conversations is prohibited under all circumstances c. Plaintiffs have one year from the date of the harm to file a suit d. Opening someone's mail or searching a wallet would most likely be committing intrusion	D. Opening someone's mail or searching a wallet would most likely be committing intrusion
	Under the tort of intrusion in Oklahoma, the plaintiff can win only if... a. Information published was false b. Lawsuit was initiated within two years of the intrusive act c. Plaintiff was identified in the news story d. Information was disseminated to a third party	Lawsuit was initiated within two years of the intrusive act
	Under the tort of intrusion in Oklahoma... a. A reporter posing as a customer most likely would be guilty of trespass if she secretly videotaped those areas of the business open to the public b. A newspaper can be held liable for printing information from stolen documents even if its employees had nothing to do with the theft of the documents c. The First Amendment provides a strong defense for reporters who trespass or otherwise violate the law to gather news d. One participant in a phone conversation may legally record it without notifying the other participant	D. One participant in a phone conversation may legally record it without notifying the other participant
	Which statement about the FCC rules for recording telephone conversations for broadcast is most accurate? a. Broadcast journalists are not subject to the rules because of the First Amendment mandate to create a robust public debate b. Television and radio reporters intending to broadcast a telephone conversation live or record it for later broadcast must tell the other party before doing so c. So-Called shock jocks on radio may air live prank calls to unsuspecting people without notification because of the line between informing and entertaining is too elusive to define d. Broadcast journalists must have the other party's explicit permission to air the material	B. television and radio reporters intending to broadcast a telephone conversation live or record it for later broadcast must tell the other party before doing so
	Regarding public disclosure of private, embarrassing facts, the Oklahoma Supreme Court in McCormack v. Oklahoma Pubc co a. Said lower state courts should use the "hypersensitive person" standard to determine if the public disclosure of private facts was highly offensive b. Agreed the press cannot be punished for publishing information contain in public records c. Said once-famous plaintiffs could win if they have gone to great lengths to avoid public scrutiny and have apparently succeeded in retiring from public life. d. Rejected the tort because it conflicts with the First Amendment mandate for a robust, uninhibited debate in democracy.	b. Agreed the press cannot be punished for publishing information contained in public records
	Under the tort of public disclosure of private, embarrassing facts in Oklahoma, the element of publicity would be met if the information were communicated to a. A third party as in a libel lawsuit b. Just one other person c. The public at large or to so many people that the matter must be regarded as substantially certain to become one of public knowledge d. Only the plaintiff	c. The Public at large or to so many people that the matter must be regarded as substantially certain to become one of public knowledge
	Under the tort of public disclosure of private, embarrassing facts in Oklahoma... a. the harm occurs when the information is gathered in a manner that violates the plaintiffs expectation of privacy b. Preference is given to the news judgment of journalists so that the liability is limited to the "extreme case" c. News media are prohibited from publishing or broadcasting the names of rape victims d. Engaging in an activity that could be of general interest makes every aspect of a person's life subject to public disclosure	B. preference is given to the news judgment of journalists so that the liability is limited to the "extreme case"
	13. Which statement about information privacy and public access to government records is MOST accurate? a. The press has a stronger First Amendment right of access than the public does to government records b. Individuals have an absolute right under the U.S. constitution to block the disclosure of personal information contained in public records to anyone at any time c. Some legal scholars have contended that a "right to know" is based on Alexander Meiklejohn's first amendment theory of personal-fulfillment d. Federal and state statues provide the strongest rights of individual privacy and of public access to government-held information	d. Federal and state statutes provide the strongest rights of individual privacy and of public access to government-held information
	Under the tort of public disclosure of private, embarrassing facts... a. sensationalism generally invalidates the newsworthiness defense b. Having found the information in public records is not a defense c. Private people cannot become newsworthy without purposefully seeking to do so. d. Courts give preference to the news judgment of journalists so liability is limited to the extreme case.	d. Courts give preference to the news judgment of journalists so liability is limited to extreme case.
	Under Oklahoma's Open meeting and Open Records Laws... a. All records and meetings presumed open unless specifically exempted by legislators b. All records and meetings are presumed closed unless specifically opened by the legislature c. The requester must prove an exemption does not apply to the record or meeting d. Individual officials decide which of their records and meetings should be open to the public.	A. all records and meetings are presumed open unless specifically exempted by legislators
	As we discussed in class, a bill being considered by the Oklahoma Legislature would.. a. Eliminate public access to birth dates in voter registration records b. Make public the home addresses, home telephone numbers and Social Security numbers in government personnel files c. Exempt from the Open Records Act public employees' birth dates in their personnel files d. Overturn the Driver's Privacy Protection Act and make the driver's license information available to the general public.	c. exempt from the open records act public employees' birth dates in their personnel files
	Under an Oklahoma Attorney general opinion. a. Ownership of the electronic device that creates a record determines if the record is subject to the Open Records Act b. All e-mails created or maintained on government-owned computers are subject to the Open Records Act regardless of their content c. Records created and maintained in government officials' privately owned smartphones and laptops are exempt from the Open Records Act regardless of their content d. Records created or received by government officials regarding the expenditure of public funds, administering of public property or transaction of public businesses are subject to the Open Records Acts regardless of where they are kept	d. Records created or received by government officials regarding the expenditure of public funds, administering of public property or transaction of public businesses are subject to the Open Records Acts regardless of where they are kept
	Under the Oklahoma Open Records Act a. Police incident reports are not open to the public unless an arrest occurred b. Records must be made available at the agency's public information office if the agency has more than one office c. Courts are to liberally construe the statute so that the disclosure if favored d. Government agencies have no more than 24 hours in which to release the requested record or explain the relevant exemption	c. Courts are to liberally construe the statute so that disclosure is favored
	Under the Oklahoma Open Records Acct a. An entire record may be withheld if it also contains some exempted information b. The public record policies and procedures of government agencies must meet not only if the letter of the Open Records Act but also the spirit of the law c. An agency's rules, policies or procedures may outweigh, or run contrary to, the Open Records Act if approved by the agency's board of directors d. Government may charge a search fee to reporters, scholars and authors	B. The public records policies and procedures of government agencies must meet not only the letter of the Open Records Act but also the spirit of the law
	Under Oklahoma's Open Meeting Act.... a. A single member of the public body may obtain a consensus by meeting alone w/ every other member b. OSU's SGA and Residence Hall Association Meetings are not subject to the statute c. Members of a public body may discuss public business at parties or other social events as long as they don't come to a decision d. Photojournalists are allowed to take photographs at public meetings as long as it does not interfere with the conduct of the meeting.	Under Oklahoma's Open Meeting Act.... a. A single member of the public body may obtain a consensus by meeting alone w/ every other member b. OSU's SGA and Residence Hall Association Meetings are not subject to the statute c. Members of a public body may discuss public business at parties or other social events as long as they don't come to a decision d. Photojournalists are allowed to take photographs at public meetings as long as it does not interfere with the conduct of the meeting.
	Under the Oklahoma Open Meeting Act a. Public Bodies are required to keep minutes of executive sessions b. To conduct an executive session under the "employment exemption." the agenda item must not include the person's name or title so that the employee's privacy is protected. c. The deadline for posting notice of regular meetings is Jan. 1 d. Votes of public bodies may be cast by secret ballot.	a. Public Bodies are required to keep minutes of executive sessions
	How long in advance must the agenda for a special meeting be posted under the Open Meeting Act?	A. 24 hours
	Which statement regarding the Oklahoma Open Records Act is LEAST Accurate? a. Government bodies and officials have a "duty" to provide public access to public records b. The public records policies and procedures of government agencies must meet only the letter of the Open Records Act, but also the spirit of the law. c. An agency's rule, policies, or procedures may outweigh, or run contrary to, the Open Records Act, if approved by the agency's board of directors d. The statute's purpose is to ensure and facilitate the public's right of access to and review the government records so they may efficiently and intelligently exercise their inherent political power.	C. An agency's rules, policies or procedures may outweigh, or run contrary to, the Open Records Act if approved by the agency's board of directors
	Under an Oklahoma attorney general opinion a. Ownership of the electronic device that creates a record determines if the record is subject to the Open Records Act b. Records created or received by government officials regarding the expenditure of public funds, adminstering of public property or transaction of public business are subject to the Open Records Act regardless of where government official creates or keeps the record. c. All e-mails created or maintained on government-owned computers are subject to the Open Records Act regardless of their content d. Records created and maintained in government officials' privately owned smartphones and laptops are exempt from the Open Records Act regardless of their content	b. Records created or received by government officials regarding the expenditure of public funds, adminstering of public property or transaction of public business are subject to the Open Records Act regardless of where government official creates or keeps the record.
	According to an Oklahoma attorney general opinion, if a public agency has more than one office, the request public record must be made available a. Where it is maintained during the ordinary court of business b. At the agency's public information office c. At the nearest county office d. By the Oklahoma secretary of state's office	a. Where it is maintained during the ordinary court of business
	Under the Oklahoma Open Records Act... a. Courts are to narrowly construe the statute so that non-disclosure is favored b. Violating the Open Records Act is not a crime c. Each public body is required to have someone on hand during regular business hours to release public records d. An entire record may be withheld if it also contains some exempted information	Under the Oklahoma Open Records Act... a. Courts are to narrowly construe the statute so that non-disclosure is favored b. Violating the Open Records Act is not a crime c. Each public body is required to have someone on hand during regular business hours to release public records
	Under the Oklahoma Open Records Act,government agencies... a. Have no more than 24 hours in which to release the requested record or explain the relevant exemption b. Must release the requested record or explain the relevant exemption within 48 hours of the request c. Have 30 days in which to release the record, explain the relevant exemption or seek an attorney general opinion d. Must provide prompt and reasonable access, which an attorney general defined as only the time to locate and compile the records.	d. Must provide prompt and reasonable access, which an attorney general defined as only the time to locate and compile the records.
	Under the Oklahoma Open Records Act... a. Government may charge a search fee to reporters, scholars, authors and all other taxpayers b. The most a government can charge for an 8.5 * 11 inch, uncertified paper copy is 25 cents. c. Reporters cannot be charged a copy fee for paper or electronic records. d. Commercially motivated requests for records may not be charged a search fee.	The most a government can charge for an 8.5 * 11 inch, uncertified paper copy is 25 cents.

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