Q&A Hero

Q: The U.S. Supreme Court in Zurcher v. Stanford Daily ruled that a newsroom search by government agents with a search warrant is ______. a. a direct interference with freedoms protected by the First Amendment and is impermissible b. not a First Amendment issue and is permissible c. not a First Amendment issue but nonetheless is clearly impermissible d. against laws in all states

Q: A major difference between being the subject of a subpoena and a search warrant is that ______. a. there is no difference; you must immediately comply with both b. there is no difference; you can file a motion to quash both c. you can challenge the search warrant in court but must immediately comply with a subpoena d. you can challenge the subpoena in court but must immediately comply with a search warrant

Q: What action did the U.S. Supreme Court take in Cohen v. Cowles Media Co.? a. It upheld the jail sentence for a reporter who refused to reveal a source. b. It ordered a lower court to free a reporter who had been jailed for refusing to identify a confidential source. c. It permitted a source who had been promised confidentiality to sue a newspaper for civil damages when his name was revealed in a news story. d. It ruled that the First Amendment exempted reporters from the doctrine of promissory estoppel.

Q: Voir dire proceedings and information about jurors are ______. a. presumptively closed b. closed absent a specific ruling from the judge c. presumptively open d. not considered part of judicial processes covered by the Sixth Amendment

Q: Under the doctrine of promissory estoppel, ______. a. a verbal promise is equivalent to a verbal contract. b. promises of confidentiality cannot be made by journalists. c. news sources cannot accept promises of confidentiality. d. when a promise is relied on and harm follows due to that promise being broken, legal liability may exist.

Q: The impact of Cohen v. Cowles Media Co. includes ______. a. news media organizations excluding their lawyers from journalistic decision-making b. sources being more confident that their identities will be kept confidential c. the concept of promissory estoppel being ruled unconstitutional d. First Amendment protection for journalists being strengthened

Q: Shield laws are intended to protect the identity of ______. a. reporters b. news sources c. law enforcement agents d. newspaper publishers

Q: The Sixth Amendment right to a fair trial belongs ______. a. exclusively to the defendant b. exclusively to the public c. to any party but not those not directly involved in the court proceeding d. to both the defendant and the public

Q: A shield law exists in ______. a. 1 state b. approximately 20 states c. a majority of states d. all states

Q: Todays media rely heavily on recording as a means of newsgathering and reporting overtly or covertly by reporters and others. Use a specific situation and type of recording to discuss three types of laws that may affect the rights of news media to record and distribute such recordings.

Q: The majority of federal courts ______. a. protect reporters from revealing information by using a federal shield law b. protect reporters from revealing information by using a qualified First Amendment privilege c. protect reporters from revealing information by using either a qualified First Amendment privilege or a federal shield law d. do not protect reporters from revealing information under any circumstances

Q: Jones is a reporter for Channel 10. Jones interviews Kennedy about a group that robs elderly peoples houses in the community. Jones says Kennedys name will not appear in the story. But the Channel 10 news producer insists Kennedys name be part of the story. After Kennedy hears the story, Kennedy sues Jones, the news producer, and Channel 10 for breaking Joness promise. Kennedy will ______. a. win because the U.S. Supreme Court and other courts have said the First Amendment does not protect reporters who break confidentiality promises b. lose because the producer ordered Jones to reveal Kennedys name; Jones did not do so voluntarily c. lose because the U.S. Supreme Court and other courts have said the First Amendment protects reporters who break confidentiality promises d. lose because no one can sue for a broken oral promise, only for violating a written contract

Q: What is the name of the test used to determine if a reporter should have a qualified privilege to protect a news source? a. Booth test b. Nebraska Press Association test c. Sullivan test d. Branzburg test

Q: A reporter is least likely to have reporters privilege when subpoenaed to testify ______. a. before a federal grand jury b. in a criminal trial c. in a civil case in which he/she is a party d. in a civil case in which he/she is not a party

Q: Former New York Times reporter Judith Miller was jailed for refusing to testify ______. a. to a congressional committee about information she received from a confidential source b. at a trial about information she received from a confidential source c. to a grand jury about information she received from a confidential source d. in a preliminary hearing for a terrorist trial

Q: The Privacy Acts limits on federal disclosure of private information prevail when it conflicts with the disclosure requirements of the Freedom of Information Act.

Q: The First Amendment absolutely and completely protects the right of a citizen to nondisruptively record police activity.

Q: What does it mean to say the First Amendment can be viewed as either shield or sword?

Q: Discuss the significance and impact of the Food Lion, Inc. v. Capital Cities/ABC, Inc. case.

Q: Explain what is meant when FOIA exemptions are described as discretionary, not mandatory.

Q: The housekeeping exemption to the Freedom of Information Act permits federal agencies to withhold information about cleaning products.

Q: Courts have not settled on a single, clear rationale or test to determine journalists (and the publics) right of access to quasi-public spacesgovernment land, military sites, polling places, and the like. In recent years, however, several circuit courts of appeal have relied on a two-prong test the Supreme Court developed to decide cases involving access to courtrooms. Explain the test and the outcomes it has produced to discuss whether the courts appear to be increasing or decreasing the right of public access to these quasi-public spaces.

Q: The Supreme Court has held that the disclosure of public records that name private individuals is not what the framers of FOIA had in mind.

Q: State open-records laws uniformly cover access to both physical and digital records.

Q: Plaintiffs claims of fraud or misrepresentation are unlikely to succeed when brought against individuals clearly identifying themselves as journalists. a. True b. False

Q: The Food Lion case revolved around undercover journalists investigating various practices in grocery stores.

Q: The law that governs the recording of conversations is uniform nationwide.

Q: The Freedom of Information Act guarantees access to federal court documents.

Q: The U.S. Supreme Court has found no general First Amendment protection for newsgathering.

Q: The Freedom of Information Act provides for the release of personal information at agency discretion even if the Privacy Act says the information cannot be released.

Q: Sunshine laws guarantee access to state records.

Q: The exemptions to the Freedom of Information prohibit any government agency from releasing any of the covered records.

Q: By definition, the use of hidden cameras as a newsgathering technique is intrusive and therefore always illegal.

Q: The final ruling in the case of Food Lion v. Capital Cities Inc. ______. a. serves to caution journalists about the use of hidden cameras b. required the news organization to pay $5.5 million in punitive damages c. demonstrates that news organizations do not lose lawsuits unless their stories are untrue d. illustrates that courts care more about the outcome of newsgathering than the process

Q: Misrepresentation is both an ethical and a legal problem that may arise only when reporters hide ______. a. the fact that they work for a media outlet b. the nature of the story they are developing c. recording devices d. all of these

Q: Reporting social media content ______. a. is always beneficial b. is always an invasion of privacy c. is always legal if you cite the source d. can be perilous

Q: Laws governing the use of cameras and recording devices exist ______. a. only at the federal level b. only through interpretation of the First Amendment c. primarily at the state level d. none of these

Q: The U.S. Supreme Court has clearly stated that there is First Amendment protection for newsgathering.

Q: The wording of the Freedom of Information Act allows federal agencies significant flexibility in determining whether a record should be disclosed.

Q: When invited by government officials to accompany them, journalists may enter private property without the content of the property owner or resident.

Q: A U.S. Supreme Court ruling suggests that a journalist may legally broadcast an anonymously provided recording of a conversation even if the recording was obtained illegally.

Q: As irritating as paparazzi can be, courts have consistently ruled their actions are simply part of the newsgathering process and violate no laws.

Q: The right of citizens to take photographs in public places, including locations of police activity, is ______. a. established by clear federal law b. unlimited c. absolutely overridden by the authority of police d. protected to some degree by the First Amendment

Q: In cases involving the use of drones to photograph private property, courts around the world have ______. a. absolutely protected the freedom to photograph b. generally punished this uninvited photography without establishing clear rules or tests c. said they had insufficient facts about the technology to render decisions d. protected the unlimited right of private property owners to be free of uninvited photographs

Q: Journalists promises of confidentiality are ______. a. prohibited by federal law b. legally enforceable contracts if they are relied upon and their breach causes harm c. understood by all parties to be nonbinding d. ethical constraints but not legally binding

Q: The authority of public safety officials to control the behavior of people, including journalists, on public property is ______. a. established by clear federal law b. unlimited c. not unlimited but extensive d. absolutely overridden by the First Amendment

Q: Ag-gag laws are ______. a. state laws that limit access to agricultural and livestock facilities b. state laws that prevent publication of factual information about agricultural and livestock facilities c. federal statutes that prevent GMO labeling of food products d. none of these

Q: The right of access in the United States is ______. a. recognized by courts as central to the rights of free speech and free press firmly protected by the First Amendment b. determined by one federal law that clarifies both the right and its limits c. complicated in ways that present challenges for private citizens and working journalists d. greatest for working journalists, who are protected by the First Amendments right to gather news

Q: Tortious newsgathering is a newsgathering pitfall ______. a. common to every working journalist who conducts interviews with uncooperative sources b. and crime subject to a minimum penalty of 5 years in jail c. only when it involves physical trespass d. of overly aggressive newsgathering using wrongful and unlawful reporting techniques

Q: The government in the Sunshine Law and the Federal Advisory Committee Act establishes ______. a. the right of public access to meetings of federal governing and advisory bodies b. the limits to access to government meetings and records c. the right of public access to both state and federal government meetings d. the right to record in public places

Q: General laws that incidentally limit news medias ability to gather information are ______. a. presumptively unconstitutional b. routinely ignored without punishment c. overturned by the supremacy clause d. generally constitutional unless they unreasonably target the press

Q: The right of journalists to be on-location at the site of news events is ______. a. clearly established by Supreme Court decisions b. clearly established by the federal Freedom of Access law c. not clearly established d. clearly established by common law and historic practice

Q: The Freedom of Information Act permits access to records held by federal ______. a. agencies b. courts c. institutions d. employees

Q: Which of the following statements about the federal FOIA is true? a. Its exemptions are supposed to be construed narrowly. b. It is the model for many states open records laws. c. Its exemptions are mandatory, rather than permissive or discretionary. d. The precise interpretation of the exemptions is clearly stated in the law.

Q: Of the following, which one is most directly related to regulating access to student records? a. FOIA b. FERPA c. Privacy Act d. HIPAA

Q: Of the following, which one is most directly related to regulating access to medical records? a. FOIA b. FERPA c. Privacy Act d. HIPAA

Q: Newsgathering is protected primarily by ______. a. the First Amendment b. the U.S. and state constitutions c. federal and state statutes d. common law decisions

Q: The Supreme Court long has viewed newsgathering as foundational to freedom of the press and has ruled that ______. a. the First Amendment protects newsgathering except when journalists intentionally violate the law b. the First Amendment provides journalists with special rights of access to both public and private sites of newsworthy events c. neither the First Amendment protects newsgathering except when journalists intentionally violate the law or the First Amendment provides journalists with special rights of access to both public and private sites of newsworthy events d. the First Amendment protects newsgathering except when journalists intentionally violate the law, as well as the First Amendment provides journalists with special rights of access to both public and private sites of newsworthy events

Q: When it comes to recording face-to-face conversations, the majority of U.S. states are ______. a. all-party states b. no-party states c. one-party states d. several-party states

Q: When it comes to recording interstate telephone conversations, what law or regulation applies? a. FCC regulations b. regulations of the state in which the person making the call resides c. regulations of the state in which the person receiving the call resides d. there is no clear requirement

Q: If a newspaper reporter legally records a telephone interview, ______. a. the reporter may use information from the interview in a story only with the interviewees consent b. the reporter may use information from the interview in a story without the interviewees consent c. whether the reporter may use information from the story depends on federal law d. whether the reporter may use information from the story depends on the law in the state where the newspaper is located

Q: Which of the following is not one of the required options stipulated by the FCC for recording interstate phone calls? a. submitting a signed Consent to Record form to the FCC b. notifying all parties at the beginning of a call that it will be recorded c. obtaining all parties consent to recording d. using a regularly repeating beep tone so all parties will be aware the call is being recorded

Q: In situations where an illegally obtained recording falls into a journalists hands (as in Bartnicki v. Vopper), what is true? a. The journalist may not legally broadcast the recording under any circumstances. b. The journalist may legally broadcast the recording as long as its origin is determined first. c. Particularly when it involves a matter of public concern, the unknown origin does not remove the First Amendment right to broadcast the recording. d. The authenticity of the recording must be determined before the recording can be broadcast.

Q: How long does a federal agency have to respond to a Freedom of Information Act (FOIA) request? a. 10 working days b. 20 working days c. 30 working days d. 365 days

Q: The U.S. Constitution ______. a. provides an absolute right to gather information b. prevents the application of general laws that would limit information gathering c. creates no special right of access beyond that generally available to the public d. has no bearing on access to information

Q: Who may use the FOIA to request federal government records? a. journalists b. any employee of a news-gathering organization c. any U.S. citizen d. anyone

Q: A photographer who will not leave subjects alone is most vulnerable to what lawsuit? a. fraud b. misrepresentation c. harassment d. trespass

Q: The line of cases exemplified by Food Lion v. Capital Cities/ABC indicates that ______. a. libel remains the area of law that most concerns media defendants b. plaintiffs are suing media defendants for newsgathering techniques more often than they did in years past c. media defendants need not be concerned about using fraudulent newsgathering techniques d. juries tend to favor the news media and their First Amendment rights over plaintiffs concerns about newsgathering techniques

Q: Courts have used the transformative use test, the artistic relevance test, and the predominant use test to resolve right of publicity cases in which the First Amendment comes into play. Define the predominant use test.

Q: What is the Video Protection Act and how might the decision in the Spokeo case apply to the Video Privacy Protection Act (VPPA)?

Q: Compared to members of the public, how much access to documents, records, and news event sites do journalists have? a. more b. less c. the same d. it depends on the state

Q: Ride-alongs have been a commonly used practice in news coverage of law enforcement and other emergency personnel. Which of the following statements about this practice best describes where the law now stands on these? a. As long as a journalist is accompanying law enforcement authorities, the journalist has access to any place where there is a public interest in what is happening. b. By calling for emergency medical assistance, a home dweller has given implied consent to the news media to report on what is happening inside the dwelling. c. As long as a journalist obtains permission from a law enforcement agent, the journalist may enter private property legally. d. Merely accompanying emergency personnel does not grant the consent necessary; journalists who make that assumption are susceptible to an intrusion lawsuit.

Q: What has the U.S. Supreme Court said about ride-alongs in its ruling in Wilson v. Layne? a. Police have absolute authority to determine who accompanies them on their official duties. b. Occupants and/or owners control access to private property and must grant permission to anyone not present to perform official duties. c. Ride-alongs are always illegal. d. Individuals clearly identified as nonofficials may participate in official actions on private property.

Q: In the only two false light cases the U.S. Supreme Court has decided, it said all plaintiffs must prove actual malice. Some lower courts also require all false light plaintiffs to prove actual malice. Others require only public officials and public figures to prove actual malice.

Q: A right of publicity cannot survive a persons death.

Q: Generally speaking, courts are applying the transformative use test to affirm First Amendment rights in lawsuits that involve movies, video games, and television.

Q: What is the First Amendment defense against a private facts lawsuit?

Q: Phyllis Photo is a photographer for Snoop magazine. One day she is walking through a large sporting goods store, looking for camping equipment. Phyllis sees a door marked PrivateEmployees Only. Phyllis glances around to be sure no one is watching, opens the door marked Private, and quickly takes a picture of a person sitting at a desk. The person is reading a copy of Snoop. Phyllis then quickly leaves the store. Snoop prints the picture in its next issue in an ad for the magazine itself. Under the picture in the ad are the words, Everyone, everywhere, anytime reads Snoop. Subscribe today! The person in the picture, Ms. Smith, wants to sue for intrusion. Discuss the important elements of intrusion that Ms. Smith would have to prove and discuss any appropriate defenses. Explain why you think Ms. Smith or Snoop would win.

Q: Joe Brown was rock climbing last month. He slipped and fell but caught his rope and managed to hold on for 10 minutes, swinging free, until other climbers were able to pull him to safety. A weekly paper, The Moon, ran an article including quotations and thoughts attributed to Brown about the incident. Twenty of the articles 30 paragraphs included quotations and thoughts attributed to Brown, indicating Brown was scared but brave. However, The Moon had not interviewed Brown. The reporter included material attributed to Brown to make the story more dramatic. Brown sued The Moon for (a) appropriation and (b) false light. Is Brown likely to win? Why or why not?

Q: Appropriation includes two different torts: commercialization and the right of publicity. Explain these two torts and their differences.