Media Law

Front 1

Courts have generally held that a trial may be closed to protect the indentity of:

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A sexual assault victim

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As discussed in class, _____ is a judicial order commanding a party to appear in court and explain why the court should not take a proposed action.

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Show cause

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in court rulings on whether trials are presumptively open or closed

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the Supreme Court has ruled that CRIMINAL trials are OPEN, and lower federal courts have ruled that CIVIL trials are OPEN

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(T or F) If a judge orders a proceeding closed, a reporter who is at the hearing should make a formal objection

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TRUE

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The Supreme Court ruled in Chandler v. Florida that

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televising a trial does not in and of itself cause prejudice to the defendant

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The Press-Enterprise test is used by judges to

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Determine whether a pretrial proceeding will be open or closed

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(T or F) The Federal Courts are in disagreement as to whether deportation hearings should always be open to the press and public.

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TRUE

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(T of F) In controversial, highly publicized cases, jury verdicts are often sealed to protect the jurors from retribution

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FALSE

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To overturn a conviction in a trial that has been televised, the defendant must show

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that the use of the electronic recording equipment made a substantial difference in the outcome of the trial

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(T or F) An action by an appellate court setting aside or changing a decision of a lower court is referred to as a reversal

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TRUE

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(T or F) Cameras are barred from all federal courtrooms

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FALSE

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Although the press has been granted access to many, maybe even most, documents filed in connection with a trial, reporters are routinely denied access to:

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out of court settlements and records entered under a protective order

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Proceedings before military tribunals

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may or may not be open

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(T of F) As discussed in class, show cause refers to the condition in which a legal dispute has evolved to the point where the issues it presents can be effectively resolved by a court

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FALSE

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the phrase "in camera" means:

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refers to a legal hearing held in the judges chambers or otherwise in private

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policy of Federal Courts to refrain from deciding a case

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Abstention

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decision by a court that the defendant is not guilty

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acquitted

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temporary

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ad hoc

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to rule upon judicially

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adjudicate

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written statement of facts voluntarily given

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affidavit

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conditions that increase the seriousness of a crime but are not apart of its legal definition

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aggravating circumstances

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friend of the court

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amicus curiae

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prior to

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ante

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a procedure; a case taken to a higher court for review

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appeal

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the party filing for appeal

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appellant

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legal authority of Superior Court to review or render judgement of appeal

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appellate jurisdiction

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party who is satisfied with lower court's ruling

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appellee

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unreasonable, capricious, not done in accordance with established principles

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arbitrary

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first official court appearance by criminal defendants

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arraignment

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swear to or witness

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attest

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to check out thoroughly

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bet

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good faith; something done in good faith

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bona fide

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a written argument of law and fact submitted to the court, written by an attorney, representing a party having an interest in a lawsuit

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brief

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a kind of law that has evolved from past court decision as opposed by laws created by legislative acts

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case law

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an order of an appellate court to an inferior court to send up the records of a case that the appellate court has elected to review

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writ of certiorari

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law that has evolved from usage and custom as reflected in the decisions of the courts

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common law

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authority that may be exercised by both the state and federal govts

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concurrent powers

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an opinion that agrees with a result of the majority but disagrees with the appropriate rationale at reaching that opinion

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CONCURRING OPINION

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the right of a criminal defendant to see the testimony of prosecution witnesses and subject such witnesses to cross examination

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CONFRONTATION

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a purposeful failure to carry out an order of a court

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CIVIL CONTEMPT

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A willful display of disrespect for the court

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CRIMINAL CONTEMPT

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translates: in fact

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DE FACTO

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sworn testimony taken out of court

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DEPOSITION

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an action by the judge ordering a jury to return a specified verdict

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directed verdict

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a formal written expression by a judge who disagrees with the result reached by the majority

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DISSENTING OPINION

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the schedule of cases to be heard by a court

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DOCKET

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the authority of the govt. to take private property for public purpose

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EMINENT DOMAIN

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to construct political boundaries for the purpose of giving advantage to a particular political party or interest

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GERRYMANDER

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"you have the body" a writ issued to determine if a person held in custody is being unlawfully detained or imprisoned

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HABEAS CORPUS

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legal hearing held in the judges chamber or otherwise in private

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IN CAMERA

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in the form of the pauper; a special status given to indigent that allows them to proceed without payment of court fees and to be exempt from certain procedural requirements

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IN FORMA PAUPERIS

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below

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INFRA

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a writ prohibiting the person to whom it is directed from committing certain specified acts

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INJUNCTION

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among other things

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INTER ALIA

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a judicial comment during the course of delivering the judicial opinion, but not important to the decision of the case; is not precedential; something said in passing

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OBITER DICTA

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excusing a prospective juror without explaining the reasons for doing so

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PEREMPTORY CHALLENGE

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a trial court jury to decide criminal or civil cases

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PETIT JURY

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party coming to court seeking relief

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PETITIONER

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a condition in which a legal dispute has evolved to the point where the issues can be effectively resolved by a court

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RIPENESS

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a judicial order commanding a party to appear in court and explain why the court should not take a proposed action

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SHOW CAUSE

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the justice dept official whose office represents the US Govt. in all litigations before the US Supreme Court

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US SOLICITOR GENERAL

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the right of parties to bring legal actions because they are directly affected by the legal issues raised

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STANDING

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let the decision stand

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STARE DECISIS

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a court action taken without explicit notice or indication; under silence

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SUB SILENTIO

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a decision made by a court without a full hearing or without receiving briefs or oral arguments

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SUMMARY JUDGEMENTS

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A primary goal of free speech in the marketplace theory is:

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Discovery of Truth

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The Congress has the authority to abolish every federal court in the land, except for the Supreme Court of the United States because:

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The Constitution specifically calls for only one court, The Supreme Court

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(T of F) in libel law, a public controversy is defined as a controversy in which the resolution will affect a larger group of persons than those involved in the controversy

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TRUE

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The "single mistake rule" says:

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It is not always defamatory to report that a professional or business person has made a single error

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(T of F) The Leonard Law only applies in California

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TRUE

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Why is the Gitlow ruling important?

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It applied the First Amendment protections to actions by state and local government entities

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What is the statute of limitations in most states?

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1-2 years

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What is hearsay?

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testimony not based on the personal knowledge of the witness, but a repetition of what the witness has heard others say

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What is the primary method by which the US Supreme Court exercises its discretionary jurisdiction to accept appeals for a full hearing?

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Writ of Certiorari

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School officials may regulate speech that they reasonably believe will materially and substantially disrupt or interfere with classwork, educational activities and/or discipline in what case?

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Tinker v. Des Moines

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THIS case asserts that Educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored publications as long their actions are reasonably related to the "legitimate pedagogical concerns"

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HAZELWOOD v. Kuhlmeier

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This case ruled: Schools may regulate sexually offensive speech that is lewd, vulgar or indecent (they can also regulate obscene speech since it is without First Amendment;

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BETHEL v. Fraser

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(T of F) A person who was considered a public figure in connection with a public controversy remains a public figure with regard to stories published or broadcast about that controversy in the future, despite passage of time

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TRUE

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(Yes or No) Can the estate of a dead person sue for libel?

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NO

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Most judges tend to focus on one of the four elements of the tort of intentional infliction of emotional distress when evaluating a defendant's actions. It is:

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Whether the defendant's conduct was OUTRAGEOUS

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The outcome of the John Peter Zenger Case is an early example of:

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JURY NULLIFICATION

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In the law of privacy, use of a person's name or likeness without consent for advertising or trade purposes

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APPROPRIATION

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The removal from public inspection of records showing existence of a case is:

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SECRET DOCKETS

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(T of F) An indictment is a writ prohibiting the person to whom it is directed from committing certain specified acts.

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FALSE

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Defenses against libel actions, in addition to qualified privilege and the opinion defenses, include

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consent and right of reply

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361 U.S. 479 (1963)
The number 361 refers to?

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The volume of the reporter which contains the case

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361 U.S. 479 (1963)
U.S. refers to?

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abbreviated name of the case reporter

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361 U.S. 478 (1963)
The number 478 refers to?

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Page number on which the report of the decision in the case begins

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Most courts have not adopted what defense to libel?

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Neutral reportage

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This case struck down as unconstitutional, a law restricting alcohol ads in college newspapers

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Pitt News v. Pappert (2004)

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Is libel law generally more protective of men than women regarding allegations of sexual misconduct?

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YES

Front 92

Under the statute of limitations libel rules, the date of publication for a newspaper begins:

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the date of publication that appears on the newspaper

Front 93

Can an actor protect their interest in a fictional character with which they have become closely identified through a film or television series?

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YES

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Are places like public parks and street corners treated by the courts to be designated public forums?

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NO

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In most states, the law treats libel and slander as:

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CIVIL ACTIONS

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Govt. agencies like the FCC creates rules that make up law known as:

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ADMINISTRATIVE LAW

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School officials may regulate speech that they reasonably believe will disrupt with classwork and educational activities

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TINKER

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Schools may regulate speech that is school sponsored and/or part of the curriculum so long as the censorship is reasonably related to legitimate educational concerns

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HAZELWOOD

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Schools may regulate sexually offensive speech that is lewd, vulgar or indecent; this language would undermine the school's basic educational mission

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BETHEL

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in evaluating the truth of falsity of an article, a court will consider

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material errors of fact

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A per curiam opinion is:

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an unsigned opinion from an appellate court

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An inductive system of law in which a legal rule is arrived at after consideration of a great many specific instances or cases

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COMMON LAW

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Section 230 of the Communications Decency Act will not protect an online service provider from liability for transmitting unlawful content provided by a third party IF:

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the online service provider has in some way encouraged the creation of the illegal content

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What case decided that there is no constitutional right for journalists to embed with US military forces in combat?

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Flynt v. Rumsfeld

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The right of publicity differs from the right of privacy because:

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it is considered a property right, not a personal right

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A person of reasonable and ordinary intelligence would not be able to tell, from looking at its terms, what speech is allowed and what speech is prohibited under which statute?

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The void for vagueness doctrine

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The process of courts and judges interpreting the meaning of statutes

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Statutory construction

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the provability of the statement, the context of the remarks, and the ordinary meaning of the words refers to:

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criteria in the Oilman Test

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To win special damages, a plaintiff must show specific monetary or economic loss

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YES

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Why is the intrusion tort different from other right to privacy torts?

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Publication of the private information is not required to establish a legitimate cause of action

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Laws limiting minors' access to video games depicting violent images are subject to the standard of judicial review known as:

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STRICT SCRUTINY

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The Supreme Court hears how many cases?

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Fewer than 100

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Generally speaking, when can a reporter or editor be considered negligent if the published a story without checking it out completely?

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If they published the story based on allegations that are made by a source who has been found to be unreliable in the past

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Who are most criminal prosecutions brought by?

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police officers and public officials

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(T of F) To prove malice, a plaintiff must prove both knowledge of falsity and reckless disregard for the truth

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FALSE

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The First Amendment being first because it is the most important is:

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a "historical myth"

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A person whose reputation has been seriously damaged before the publication of libel is:

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LIBEL PROOF

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The US Supreme Court's opinion in the case of McIntyre v. Ohio Elections Commission reveals that there is a First Amendment right to engage in what type of speech?

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ANONYMOUS SPEECH

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A brief or fleeting use of a person's name or likeness in a commercial vehicle is permitted in the privacy law known as:

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Doctrine of Incidental Use

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Under the fighting words doctrine, it is permissible for a state to prosecute someone without infringing on First Amendment rights when:

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During a heated dispute between two persons, one of them shouts a racial slur directly at the other

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When the US Supreme Court heard a dispute between the states of New Jersey and Delaware over river rights, the Supreme Court was exercising what type of jurisdiction?

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ORIGINAL

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(T of F) A business regulated by the govt. is always regarded as a public figure

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FALSE

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Prior restraint was unconstitutional in this case:

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Near v. Minnesota

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Powers reserved for either the federal govt. or the state govts. but not exercised by both are:

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EXCLUSIVE POWERS

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A use which is not a literal reproduction of the plaintiff's likeness, but a use in which the defendant has added a creative element to the likeness is known as:

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TRANSFORMATIVE USE

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who does the burden of proving truth or falsity of the material fall on?

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The plaintiff

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In order to justify the censorship of a public school newspaper that is part of the curriculum and sponsored by the school, one should look to the rule created by:

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HAZELWOOD v. Kuhlmeier

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Some lower courts are now stretching the Supreme Court's ruling in which case, beyond its narrow and rather unique facts?

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MORSE v. Frederick

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The number of US Courts of Appeals

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13

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When it comes to granting a petition for a writ of certiorari, the Supreme Court applies this rule:

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The Rule of Four

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The reaction of a crowd to a speaker that silences and prevents the speaker from continuing with his or her message

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HECKLER'S VETO

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The Booth Rule is applicable in which of the four varieties of invasion of privacy?

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APPROPRIATION

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A government policy that allows speech that is favorable to one idea but prohibits speech that is negative towards that idea is:

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Viewpoint-based Discrimination

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Which of the four invasion of privacy torts has received the least recognition by state courts?

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FALSE LIGHT

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The two areas of the law that currently seem most affected by the internet are

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PRIVATE FACTS and INTRUSION

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To win a lawsuit for the publication of private facts, the plaintiff must show that

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-the facts were private
- the revelations would offend a reasonable person
-the public would not have a legitmate interest in the case

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(T of F) American businesses enthusiastically adopted Internet privacy provisions identical to those adopted in the European Data Privacy Directive

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FALSE

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Little has been done to control the dissemination of personal information gathered legally and illegally through the Internet because

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business leaders have successfully stymied attempts by the Congress to legislate this area

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The press is free to dig deeply inot the private lives of an individual, so long as:

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the revelation of the private facts illuminates or explains aspects of the individual's public life

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The law allows the publication of (more or less) information than ethical standards would permit?

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MORE

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(T of F) In a private facts invasion of privacy case, courts will always consider how a story was reported, as well as what information was reported

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FALSE

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(T or F) Journalism organizations have not developed codes of ethics for fear of alienating some of their members

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FALSE

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A plaintiff attempting to meet the fault requirement in a false-light privacy case must normally show

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ACTUAL MALICE

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The publication of the name of the victim of rape is regarded as

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permissible legally, but highly questionable ethically

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(T of F) it is more difficult for a plaintiff to win a private facts invasion of privacy lawsuit than it is to win any o fthe other kind of privacy actions

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TRUE

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The legal theory under which the plaintiff in Cohen v. Cowles Media Co. prevailed is:

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PROMISSORY ESTOPPEL

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Variations of the Dendrite and Cahil tests often are used by courts today in determining whether

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a website must reveal the identity of an anonymous poster in a civil lawsuit

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Approx. how many states had shield laws protecting journalists from revealing certain information and/or confidential sources

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36-40 states

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Journalist David Asenfelter successfully asserted what Constitutional right in refusing to reveal the identitiy of his confidential sources?

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Fifth Amedment

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The case in which the Privacy Protection Act of 1980 came as a legislative response

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Branzburg v. Hayes

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Courts must balance THIS amendment with the First Amendment in determining if it protects journalists form revealing confidential information in criminal trials

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the Sixth Amendment

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This person spent time in 2005 in jail for refusing to reveal a confidential source's identity

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Judith Miller

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James Risen advises journalists to not to do this:

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use office telephones

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This case centered on the ability of journalists to refuse to testify in grand jury proceedings

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Branzburg v. Hayes

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This case centered on the ability of confidential sources to sue journalists who breach promises of confidentiality

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Cohen v. Cowles Media Co

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Newsroom searches by Govt. agents are not a First Amendment issue, but are governed by the Fourth Amendment and are clearly permissible, this case said

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Zurcher v. Stanford Daily

Front 157

Lowe federal and state courts have fashioned a limited First Amendment privilege that often protects reporters who refuse to reveal the names of news sources. Judges seem more willing to grant reporters the use of this privilege in:

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civil actions, rather than in grand jury investigations