Final Test Flashcards

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?

A

Consent

18
Q

What is the best defense against a libel claim?

A

Truth

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
Q

What is the definition of libel?

A

A published lie with the intention to harm someone’s reputation

26
Q

What is so important about the Hazelwood case and what did it do for journalists?

A

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
Q

Dollars awarded to compensate a plaintiff

A

General or compensatory damages

28
Q

The persons liable for libel

A

Liability

29
Q

When a person is named or identified in some way

A

Identification

30
Q

Any statement which intends to harm a person

A

Defamatory

31
Q

A third party can see or hear defamatory material

A

Publication

32
Q

A word that appears libelous at face value

A

Libel per se

33
Q

A word or statement that does not appear libelous but may be considered libelous

A

Libel per quod

34
Q

Damages awarded to a plaintiff for malice

A

Punitive or exemplary damages

35
Q

The limit of time a person has to file a libel lawsuit

A

Statute of limitations

36
Q

Damages awarded to the plaintiff for proven financial loss

A

Special or actual damages

37
Q

Another name for a civil action

A

Tort

38
Q

A person can only be sued once for libel per case not per issue run

A

Single publication rule

39
Q

An intent to harm

A

Malice

40
Q

What freedoms are guaranteed under the first amendment?

A
Speech
Religion
Press
Petition
Assembly
41
Q

What does obscenity deal with?

A

Inappropriate stuff that is not necessary or educational

42
Q

What are fighting words or incitement to violence?

A

When you tell someone to do something and encourage it instead of reporting it. It can also be racial or ethnical slurs