Final Test Flashcards

(42 cards)

1
Q

What five areas are not protected by the first amendment?

A
Libel
Invasion of privacy
Copyright infringement 
Fighting words aka incitement to violence
Obscenity
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2
Q

What are the three major areas of ethical guidelines that all journalists should follow?

A

Good taste
Fairness
Accuracy

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3
Q

What does accuracy mean?

A

Making sure you double check facts and have names and information right

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4
Q

What does fairness mean?

A

You are unbiased and give both sides a chance to share their story

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5
Q

What does good taste mean?

A

The writing is not obscene and that people want to read it and it is newsworthy

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6
Q

What are the four types of complaints in privacy law?

A

False light
Intrusion
Misappropriation
Public disclosure of private/embarrassing info

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7
Q

What does intrusion mean

A

How the news is gathered and whether it was with consent or not

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8
Q

What are the three types of intrusion?

A

Secret surveillance
Trespass
Misrepresentation

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9
Q

What does misrepresentation mean?

A

You present yourself as someone you aren’t to gain access or info

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10
Q

What does trespass mean?

A

Going somewhere you shouldn’t be especially without consent

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11
Q

What does secret surveillance mean?

A

You are watching someone without their knowledge or consent

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12
Q

What does false light mean and how can you use it?

A

You portray a person as someone they aren’t in a bad way

Publishing a photo with an incorrect or misleading caption

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13
Q

What is an example of false light?

A

The tennis players picture getting used for a scandal.

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14
Q

What does misappropriation mean?

A

Unauthorized use of a persons info (name, picture, likeness)

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15
Q

What is misappropriation also called?

A

Commercialization

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16
Q

What is misappropriation use for?

A

Get money or for sales

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17
Q

What is the best defense against a privacy claim?

18
Q

What is the best defense against a libel claim?

19
Q

What is the newsworthiness defense?

A

Public interest or concern

20
Q

What does copyright mean?

A

It’s a constitutional law giving exclusive rights to artists for their works

21
Q

What type of right is copyright?

A

A property right

22
Q

An example of copyright infringement?

A

Dilution: using a symbol that is slightly different from a well known brand but is still recognizable

23
Q

What is a common myth concerning the use of a minors name in a publication?

A

It can be used legally people just don’t want to.

24
Q

What areas are covered by copyright laws?

A
Artwork
Written work
Trademarks
Pictures
Slogans
Patents
25
What is the definition of libel?
A published lie with the intention to harm someone's reputation
26
What is so important about the Hazelwood case and what did it do for journalists?
The principal changed the newspaper then published it without the students knowledge. The court ruled that the advisors have more control and gave the principals more editorial control.
27
Dollars awarded to compensate a plaintiff
General or compensatory damages
28
The persons liable for libel
Liability
29
When a person is named or identified in some way
Identification
30
Any statement which intends to harm a person
Defamatory
31
A third party can see or hear defamatory material
Publication
32
A word that appears libelous at face value
Libel per se
33
A word or statement that does not appear libelous but may be considered libelous
Libel per quod
34
Damages awarded to a plaintiff for malice
Punitive or exemplary damages
35
The limit of time a person has to file a libel lawsuit
Statute of limitations
36
Damages awarded to the plaintiff for proven financial loss
Special or actual damages
37
Another name for a civil action
Tort
38
A person can only be sued once for libel per case not per issue run
Single publication rule
39
An intent to harm
Malice
40
What freedoms are guaranteed under the first amendment?
``` Speech Religion Press Petition Assembly ```
41
What does obscenity deal with?
Inappropriate stuff that is not necessary or educational
42
What are fighting words or incitement to violence?
When you tell someone to do something and encourage it instead of reporting it. It can also be racial or ethnical slurs