Midterm

Question 1

According to Roscoe Pound, law can be defined as _________ engineering.

Answer 1

social

Question 2

The five sources of law:

Answer 2

1. common law
2. equity law
3. statutory law
4. Constitutional law
5. executive order and administrative rules

Question 3

Common law is sometimes known as _________________________.

Answer 3

“Judge-made law”

Question 4

List the four different options that courts have when offered a case as precedent by an attorney for one of the parties in a lawsuit.

Answer 4

1. accept/follow
2. modify/update
3. distinguish
4. overrule

Question 5

List three typical forms of judicial decrees in equity law.

Answer 5

1. temporary restraining order
2. preliminary injunction
3. permanent injunction

Question 6

The U.S. Constitution is the _________________________________.

Answer 6

highest law in the land

Question 7

Describe the “void for vagueness doctrine.

Answer 7

The “void for vagueness doctrine” deems that a statute or regulation is unconstitutional if the statute/regulation is so vague that someone of “reasonable and ordinary intelligence” would not know – after reading it – what is permitted and what is prohibited.

Question 8

Why might a statute be declared unconstitutional because it violates the “overbreadth doctrine”?

Answer 8

A statute might be declared unconstitutional because it violates the overbreadth doctrine if the statute bans a substantial amount of something (like protected speech) in the process of banning its intended target: something unprotected (like unprotected speech).

Question 9

What is the most relevant administrative agency for the purposes of media law?

Answer 9

Federal Communications Commission (FCC)

Question 10

________ courts are fact-finding courts and _________ courts are law-reviewing courts.

Answer 10

Trial and appellate

Question 11

The Supreme Court of the United States is:

Answer 11

the oldest federal court (operating since 1789).

Question 12

Name the types of Supreme Court Opinions.

Answer 12

1. opinion of the court (majority)
2. concurring opinion
3. dissenting opinion (minority)
4. plurality opinion
5. per curiam opinion (unsigned)
6. memorandum order

Question 13

A ________ is most likely to be found in the trial court of general jurisdiction (State Court System).

Answer 13

jury

Question 14

One of the most important powers of courts (and at one time one of the most controversial) is the power of _________________.

Answer 14

Judicial review

Question 15

The part who commences or brings a civil lawsuit is called the _____________.

Answer 15

plaintiff

Question 16

The party to whom the suit is brought is called the _________________.

Answer 16

defendent

Question 17

Several decades prior to the community censorship involving the Dixie Chicks in 2003, country music stations refused to play the songs of another female country music performer. Who was the performer and what were the songs in question about?

Answer 17

The other female country music performer who was censored was Loretta Lynn. Her songs, which include “The Pill” and “Rated X”, discussed a woman’s happiness in marriage after beginning birth control and the stigma/double standards divorced women face, respectively. They were bold, risky, and feminist songs.

Question 18

The first constitution of the United States of America was adopted in what year?

Answer 18

1781

Question 19

In a 2019 survey, only 22% of journalists know that the First Amendment protects _____________________.

Answer 19

a free press

Question 20

Identify the two basic elements or parts of the symbolic speech doctrine.

Answer 20

1. Actor – the person who conducts him/herself in a way intended to convey a particular message
2. Audience – the people who witnesed the actor’s conduct and understood the message the actor intended it to convey

Question 21

The seven First Amendment theories:

Answer 21

1. absolutist theory
2. ad hoc balancing theory
3. preferred position balancing theory
4. Maiklejohnian theory
5. marketplace of ideas theory
6. access theory
7. self-realization theory

Question 22

Suppression of freedom of expression reached a higher level during ___________________ than in any other time in our history.

Answer 22

World War I

Question 23

An important, well-known Supreme Court ruling on prior restraints came in 1971 and addressed the federal government’s ability to ______________________________________________ that it contended jeopardized national secutiry during the war in Vietnam. This is the famous Pentagon Papers decision.

Answer 23

stop the publication of stolen/classified information

Question 24

In 2005 a federal appellate court in ________________________________ upheld a permanent injunction barring Thurston Paul Bell from promoting and selling unlawful tax advice. Bell, as the court put it, was a “professional tax protester who ran a business and a Web site selling bogus strategies to clients endeavoring to avoid paying taxes.”

Answer 24

United States v. Bell

Question 25

The __________ standard applies not only to students in public high schools, but also all the way down to students in public elementary schools.

Answer 25

Tinker

Question 26

Why was Bretton Barber asked to remove his T-shirt at his public high school?

Answer 26

Bretton Barber wore a T-shirt with a photo of President George W. Bush and the words “International Terrorist.” One student complained, and the school requested that he remove his T-shirt.

Question 27

The idea of “legitimate pedagogical concerns” is a standard that related to school newspaper censorship that came from the precedent setting __________________________________ case.

Answer 27

Hazelwood School District v. Kuhlmeier

Question 28

What important 1986 case involved a student being suspended by making a sexually suggestive speech nominating a classmate for student government at an assembly packed with 600 students?

Answer 28

Bethel School District v. Fraser

Question 29

In ___________, the U.S. Supreme Court heard a student-speech case called Morse v. Frederick.

Answer 29

2007

Question 30

Since the Supreme Court decision in Hazelwood, two federal appellate court decisions have addressed censorship by officials of student-run publications. They are:

Answer 30

1. Kincaid v. Gibson
2. Hosty v. Carter

Question 31

How long did it take Virginia Tech officials to send an email warning to students about the 2007 shooting spree of Cho, who remained on the loose, and continued his on-campus rampage, ultimately killing 32 students before taking his own life?

Answer 31

more than 2 hours (2 hours 9 minutes)

Question 32

The government can base its attempts at prior censorship on three additional factors beyond content:

Answer 32

1. time
2. place
3. manner

Question 33

What are the guidelines for time, place, and manner restrictions?

Answer 33

1. Rules must be content neutral.
2. Rules must not constitute a complete ban on communication.
3. Rules must be justified by a substantial state interest.
4. Rules must be narrowly tailored.

Question 34

In the section on public forums, the text points out that there are no First Amendment guarantees of freedom of expression on ______________________.

Answer 34

private property

Question 35

In 1991, the U.S. Supreme Court ruled that the ______________________ was a content-based regulation that violated the First Amendment. ______________________________________________

Answer 35

Son of Sam Laws; Simon and Schuster, Inc. v. New York Crime Victims Board

Question 36

What 2011 court case protected the pseech of the Westboro Baptist church?

Answer 36

Snyder v. Phelps

Question 37

The government cannot ________ invectives or epithets that simply injure someone’s feelings or are merely rude or discourteous.

Answer 37

prohibit

Question 38

The ______________________ is clearly implicated in any election campaign.

Answer 38

First Amendment

Question 39

The First Amendment was drafted long before the information superhighway. As each new medium has emerged – radio, motion pictures, over-the-air television and so on – the courts have had to __________ the scope of the First Amendment protection appropriate to that medium.

Answer 39

define

Question 40

Describe net neutrality.

Answer 40

Net neutrality is a vague term that is used to suggest that Internet service providers should treat all traffic contnent similarly. They also should not charge extra money for or block access to faster services. It raises First Amendment issues, like the right to receive speech and the right to access information.

Question 41

The roots of libel law in this country spring directly from _____________________.

Answer 41

British common law

Question 42

_______ or libel, is what lawyers call a ______, or a civil wrong.

Answer 42

Defamation, tort

Question 43

Libel is the publication or broadcast of any statement that: ___________________________________________________________________________-

Answer 43

“lowers the reputation of an individual by holding him or her up to contempt, ridicule, or scorn.”

Question 44

Libel is the most __________ and often the most ____________ problem faced by people who work in the mass media.

Answer 44

common; troublesome

Question 45

Oral defamation is called ___________.

Answer 45

slander

Question 46

_____________ is any communication that holds a person up to contempt, hatred, ridicule or scorn.

Answer 46

Defamation

Question 47

To win a libel suit, a plaintiff must prove:

Answer 47

1. the libel was published
2. words were of and concerning the plaintiff
3. material is defamatory
4. material is false
5. defendant was at fault

Question 48

Under the law, ___________ means that one person, in addition to the source of the libel and the person who is defamed, sees or hears the defamatory material.

Answer 48

publication

Question 49

Courts regard communication on the _________ the same way they regard material published in newspapers, magazines, or books.

Answer 49

Web

Question 50

CDA stands for:

Answer 50

Communications Decency Act

Question 51

The injured party in a libel suit must show the court that the allegedly defamatory statement is “of and concerning him, her, or it.” This is known as:

Answer 51

identification

Question 52

___________ as opposed to a flat assertion can be defamatory.

Answer 52

Innuendo

Question 53

Criticism of a product falls into a different legal category, called:

Answer 53

“disparagement of property” (a.k.a. trade libel)

Question 54

The first rule of proving ________ or _________ is that the evidence presented in court must go to the heart of the libelous charge.

Answer 54

truth; falsity

Question 55

Even if a story contains nothing but truthful statements, it still might be regarded as false if important facts are left out and the story leaves a ____________________.

Answer 55

false impression

Question 56

The New York Times v. Sullivan case involved an editorial-advertisement titled:

Answer 56

“Heed Their Rising Voices”

Question 57

All public officials must also prove ________________ when suing for libel.

Answer 57

actual malice

Question 58

By the end of the decade (1960s), the Supreme Court had extended the actual malice rule to plaintiffs whom the court called ______________.

Answer 58

public figures

Question 59

Summarize the two basic rules of fault.

Answer 59

1. Private persons who sue for defamation must at least prove that the material was published with negligence (failure to exercise reasonable care).
2. Individuals who are either public officials or public figures for purposes of a defamation suit have to prove that the defendant exhibited actual malice (publishing with the knowledge that the libelous assertion was falso, or with reckless disregard for whether it is true or false) when the material was published.

Question 60

Describe a limited purpose public figure.

Answer 60

Limited-purpose public figures are people who have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.

Question 61

In 1979, the Supreme Court took on a case that helped further define the meaning of limited-purpose public figure. The case involved the nephew of Myra and Jack Soble, two well-publicized American communists who were arrested during the Red Scare of the 1950s. What was the name of the plaintiff in this case?

Answer 61

Ilya Wolston

Question 62

Deciding who is and who is not a limited-purpose public figure is one of the most ____________ decisions courts must make in applying laws of libel.

Answer 62

subjective

Question 63

The ______________________________ that generated the libel is an obviously important factor in determining whether a plaintiff is a limited-purpose public figure.

Answer 63

kind of controversy

Question 64

Businesses and corporations can sue for _______; they can also be classified as __________________________ for purposes of a libel suit.

Answer 64

libel; public figures

Question 65

If someone is a public person today, will he or she still be regarded as a public figure 20 years from now? _____, but only in regard to the ____________________________ that generated the public-person status today.

Answer 65

Yes; issues or matters

Question 66

People who are drawn into public controversies rather than those who have thrust themselves into a public controversy voluntarily are called: _________________________________________

Answer 66

involuntary public figures

Question 67

Define negligence and actual malice.

Answer 67

Negligence: failure to exercise ordinary or reasonable care
actual malice: knowledge of falsity or reckless disregard for truth

Question 68

Some of the more common reasons a defendant might be found negligent are:

Answer 68

• reliance on an untrustworthy source
• not reading or misreading pertinent documents
• failure to check with an obvious source, perhaps the subject of the story
• carelessness in editing and news handling

Question 69

Knowledge of Falsity is a fancy way of saying ______.

Answer 69

“lie”

Question 70

Proof that the defendant failed to ___________ a charge that later turns out to be false is not in and of itself sufficient evidence to prove ____________________.

Answer 70

investigate; actual malice

Question 71

The law does not require the complete _____________ of a story, especially a ___________ story.

Answer 71

investigation; breaking

Question 72

The tort, Intentional Infliction of Emotional Distress was restated in 1965 and provided a definition of the tort, which has 4 parts.

Answer 72

1. the defendant’s conduct was intentional or reckless
2. the defendant’s conduct was extreme and outrageous
3. the defendant’s conduct caused the plaintiff emotional distress
4. the emotional distress was severe

Question 73

The _________________________________ is undoubtedly one of the best friends the mass media libel defendant has.

Answer 73

summary judgement

Question 74

The Supreme COurt has given both __________ and ________ courts wide latitude in granting summary judgements in libel cases.

Answer 74

trial; appellate

Question 75

For nearly all crimes and most civil actions, there is a __________ of ___________.

Answer 75

statute of limitations.

Question 76

What is the duration of the Statute of Limitations in libel actions in Washington State?

Answer 76

2 years

Question 77

The federal Constitution provides that members of Congress are immune from suits based on their remarks on the floor of either house. This protection is called a _______________.

Answer 77

privelege

Question 78

Criteria for application of qualified privelege.

Answer 78

1. report of a priveleged proceeding document
2. fair and accurate summary published or broadcast as a report

Question 79

_______________________ is a privelege that says when the press reports newsworthy but defamatory allegations made by a responsible and prominent source, these reports are priveleged, even if the reported believed the allegations were false when he or she included them in the story.

Answer 79

Neutral reportage

Question 80

What is rhetorical hyperbole?

Answer 80

Rhetorical hyperbole is language that is so expansive that the reader or listener knows it is only an opinion, not an assertion of fact. It is lust, imaginative expression.

Question 81

The four elements of the Ollman Test:

Answer 81

1. Can the statement be proved false?
2. What is the common or ordinary meaning of the words?
3. What is the journalistic context of the remark?
4. What is the social context of the remark?

Question 82

________________________ is a common-law defense that protects the publication of statements of opinion.

Answer 82

Fair comment

Question 83

According to attorney David Utvesky, what steps should journalists take to avoid libel lawsuits based on statements of opinion?

Answer 83

a. When stating an opinion, try to make certain it is understood as such. But remember the words “in my opinion” don’t change a statement of fact into protected opinion.
b. Don’t rely on journalistic context to protect you. Just because the libel appears in a review of a column or a commentary does not mean a court will always regard it as opinion.
c. Clearly state and summarize the facts on which your opinion is based. Ask yourself whether you believe a court could find that these facts support your opinion about the matter.
d. Make certain the facts are true. If there is a dispute about the facts, refer to both sides of the dispute when stating your opinion.

Question 84

The most common libel damages are called ____________________, or damages from actual injury.

Answer 84

actual/general damages

Question 85

Today, criminal libel law remains as kind of a ______________________________.

Answer 85

relic of the past

Question 86

Privacy is an ______________ concept – what one generation considers private another may not, and what people may consider private will ________ from time to time, place to place, and _____________ to ____________.

Answer 86

amorphous; vary; culture; culture

Question 87

The three basic conceptions of privacy:

Answer 87

privacy of autonomy, privacy of space, privacy of information

Question 88

What are the sources of privacy law in the United States?

Answer 88

Constitutional law, statutory law, common law, administrative law

Question 89

The four areas of privacy law:

Answer 89

1. appropriation of one’s name or likeliness for trade purposes
2. intrusion upon an individual’s solitude or seclusion
3. public disclosure of private facts about an individual
4. publishing material that puts an individual in a false light

Question 90

It is illegal to use an individual’s name or likeness for commercial or trade purposes without consent. This is called _________________.

Answer 90

appropriation

Question 91

In 2019, who did pop star Ariana Granda sue for violating her right of publicity?

Answer 91

Forever 21

Question 92

The blurring between news and entertainment and the convergence of public information and marketing are issues that complicate the ______________________________________ exception.

Answer 92

news and public interest

Question 93

The Booth rule provides fairly ____________ protection to the mass media in most states if an individual’s __________ or _____________ is used in advertising for a particular information medium.

Answer 93

broad; name; likeness

Question 94

Consent: The law prohibits only the __________________ use of a name or likeness for commercial or trade purposes.

Answer 94

unauthorized

Question 95

It is illegal to intrude, physically or otherwise, upon the solitude, seclusion or private affairs of an individual if a reasonable person would find the manner of the intrusion to be highly offensive. This is called _______________.

Answer 95

intrusion

Question 96

Intrusion and the Press: Courts have yet to rule on whether an Internet user who is sending or receiving material through a __________________________ (WiFi) enjoys a reasonable expectation of privacy.

Answer 96

wireless connection

Question 97

What occurs in public is generally not regarded as being __________.

Answer 97

private

Question 98

Starting in 2012, numerous states began adopting criminal statutes known as _________________ laws that make taking undercover images much more difficult.

Answer 98

ag-gag

Question 99

Intrusion: The problem with the growing number of state statutes targeting __________ use is that they create an uneven patchwork of laws that journalists must navigate to avoid civil and criminal liability.

Answer 99

drone

Question 100

One who gives publicity to a matter concerning the private life of another is subject to ___________ to the other for __________ of his privacy, if the matter publicized is of a kind that
a. would be highly ___________ to a reasonable person, and
b. is not of legitimate _________ to the public.

Answer 100

liability; invasion; offensive; concern

Question 101

Basic elements of the public disclosure of private facts tort:

Answer 101

1. There must be publicity given to private facts about an individual
2. The revelation of these facts must be highly offensive to a reasonable person
3. The published material must not be of legitimate public concern

Question 102

Before an invasion of privacy suit can be successful, the ________ must demonstrate that the material publicized was indeed ______________.

Answer 102

plaintiff; private

Question 103

Naming Rape Victims: Some ___________ ___________ are trying to reach a compromise on this matter by not disclosing the __________ _____________ unless she or he consents to the use.

Answer 103

media organization; victim’s name

Question 104

It is the job of ________ and ____________, not the courts, to decide what is and what isn’t important.

Answer 104

editors; reporters

Question 105

Legitimate public concern and newsworthiness: The newsworthiness ___________ will not always carry the day.

Answer 105

argument

Question 106

People whose lives intersect with famous, infamous, or other ____________ individuals also lose some of their privacy.

Answer 106

newsworthy

Question 107

Newsworthiness in a nutshell: Factors for legitimate public concern:

Answer 107

1. the social value of the private facts that were published
2. how deeply the disclosed private facts cut into ostensibly private affairs
3. the extent to which the plaintiff (the individual to whom the private facts pertain) voluntarily rose to a position of public notoriety.

Question 108

The ethics code of the Society of Professional Journalists (SPJ) reminds reports to “recognize that gathering and reporting information may cause _______ and ____________. Pursuit of the news is not a ________ for arrogance.”

Answer 108

harm; discomfort; license

Question 109

It is illegal to publicize material that places an individual in a false light if:

Answer 109

a. the false light in which the individual was placed would be highly offensive to a reasonable person
b. the publisher of the material was at fault when the publication was made

Question 110

False-light privacy:

Answer 110

1. Publication of material put an individual in a false light.
2. The false light would be highly offensive to a reasonable person.
3. The publisher of the material was at fault.

Question 111

The purposeful distortion of the truth, usually for dramatic purposes is called:

Answer 111

fictionalization

Question 112

Misuse of ____________ , both still and video, is a common problem.

Answer 112

photographs

Question 113

Before a plaintiff can win a false-light case, the court must be convinced that the material that is false to a highly offensive to a ____________ ____________.

Answer 113

reasonable person

Question 114

Since 1967, plaintiffs in a ______________ suits have been required to prove a _________ requirement much like the one applied in libel cases.

Answer 114

false-light; fault

Question 115

Today the law regarding new gathering is also focuses on efforst by the ______________ and others to stop the ________ from the collecting data about a wide range of people and activities.

Answer 115

government; press

Question 116

Rights and liberties are grounded in the _______.

Answer 116

law

Question 117

There are threee wources of law to which journalist might look to find a legal right of access to information:

Answer 117

1. common law
2. Constitutional law (the First Amendment to the U.S. Constitution)
3. statutory law (both state and federal statutes)

Question 118

“Newsmen have no constitutional __________ ___ ________ to prisons or their inmantes beyhond that afforded the ___________ ___________.

Answer 118

right of access; general public

Question 119

The lower ferderal and state courts tend to _______ the rulings by the Supreme Court that reject the notion of a First Amendment right of access to information and meetings.

Answer 119

mirror

Question 120

Is there a First Amendment right of access for the media to conduct one-on-one interviews with government officials such that the officials cannot refuse to speak with the news media?

Answer 120

No.

Question 121

An intentional, unauthorized (i.e. without consent) entry onto land that is occupied or possessed by another is called:

Answer 121

tresspass

Question 122

Reporters who want to enter private property need the ___________ of the occupant of the owner of the property. __________ and ______________ are unable to give the press this permission.

Answer 122

permission; police; firefighters

Question 123

A knowingly false statement of a material or significant fact that is communicated with the intent to induce the plaintiff to rely on that statement and that does, in fact, induce the plaintiff to reasonably rely upon it to the plaintiff’s harm or injury:

Answer 123

fraud

Question 124

Covering and Recording Protests and Police: Most courts now have ruled that recording or ____________ police officers performing their duties in public is ___________ by the First Amendment and does not amount to interferijng with them.

Answer 124

photographing; protected

Question 125

FOIA stands for:

Answer 125

Freedom of Information Act

Question 126

Now nearly 50 years old, FOIA provides a powerful tool for __________________________________________.

Answer 126

investigative journalists.

Question 127

In 1996 Congress adopted an amendment to the Freedom of Information Act that requires government agencies to apply the ___________ ______________ of disclosure to ______________ records that they have alwasy applied to paper documents.

Answer 127

same standards; electronic

Question 128

In 2007, President Bush signed the first major amendments to FOIA in many years the ______________ _______________ _____________ __ _____ _____________ _________________ Act.

Answer 128

Openness Promotes Effectiveness in Our National Government Act

Question 129

The law does not cover records held by __________ or the federal courts.

Answer 129

Congress

Question 130

Exemptions to disclosure under The Freedom of Information Act:

Answer 130

1. national security matters
2. housekeeping materials
3. material exempted by statute
4. trade secrets
5. working papers/lawyer-client priveleged materials
6. personal privacy files
7. law enforcement records
8. financial institution materials
9. geological data

Question 131

Government departments must answer requests for records and documents within ____ business days.

Answer 131

20

Question 132

The 1976 federal open-meetings law is called:

Answer 132

Government in SUnshine Act

Question 133

Most state laws permit inspection of records by ______ __________.

Answer 133

any person

Question 134

There is a growing movement in some _________ to exempt from their open records laws the tapes and/or transcripts of _________ emergency telephone calls.

Answer 134

states; 911

Question 135

FERPA stands for:

Answer 135

Family Educational Rights and Privacy Act

Question 136

HIPPA stands for:

Answer 136

Health Insurance Portability and Accountability Act

Question 137

It is not uncommon for people ________ the news-gathering business to want the information gathered by __________.

Answer 137

outside; journalists

Question 138

If you breach a promise of ______________ given to a source by revealing and disclosing that source’s name in ________, to a grand ________ or simply by _______________ it in the pages of your newspaper or on its Web site, then you can be sued.

Answer 138

confidentiality; court; jury; publishing

Question 139

In our society the press is supposed to represent a ____________ entity as it gathers and publishes news and informaiton.

Answer 139

neutral

Question 140

Tips for reporters on promising confidentiality:

Answer 140

1. Do not routinely promise confidentiality as a standard interview technique.
2. Avoid gathering an absolute promise of confidentiality. Try to persuade the source to agree that you may reveal his or her name if you are subpoenaed.
3. Do not rely exclusively on information from a confidential source. Get corroboration from a nonconfidential source or documents.
4. Consider whether others (police, attorneys, etc.) will want to know the identity of the source before publishing and broadcasting the material. Will you be the only source of this information, or can they get it elsewhere?
5. Consider whether you can use the information without disclosing that it was obtained from a confidential source.

Question 141

Tips for reporters when confronted with a source who demands confidentiality:

Answer 141

1. Assume the interview is on the record unless the subject seeks anonymity.
2. Realize that there is no obligation to grant anonymity for information that has already been provided.
3. Before making any promise to a source, try to find something out about the information and where it comes from.
4. Talk with an editor or news director before making any promises to a source.
5. Keep any promise made to a source simple and easy to fulfill, and be certain both you and the source completely understand the conditions to which you have agreed.
6. Record any promise you make to a source.
7. Avoid adding material to a story that a source has already approved, or try to avoid promising the source that he or she has story approval.

Question 142

In 1972 the Supreme COurt of the United States ruled, in a 5-4 decision, that there was no ___________ under the First Amendment for journalists to refuse to reveal the names of __________ sources or other information when called to testify before a ___________ __________.

Answer 142

privilege; confidential; grand jury

Question 143

Courts are most likely to recognize the __________ of a journalist to refuse to ________ in a _________ action.

Answer 143

right; testify; civil

Question 144

In a___________ ________ the privilege for the reporter must be balanced against the Sixth Amendment right of the defendant to _________ ______________ on his or her behalf.

Answer 144

criminal case; compel testimony

Question 145

In a 1997 U.S. District Court ruling the three-judge panel defined a journalist as one:

Answer 145

a. who engages in investigative reporting
b. who gathers news
c. who possesses the intent at the beginning of the news gathering process to disseminate this news to the public.

Question 146

Does Washington state have a shield law?

Answer 146

Yes

Question 147

What should a reporter do if he or she is subpoenaed?

Answer 147

Try to avoid the problem altogether. Don’t panic. Tell your editor and news director immediately. Talk with you news organization’s legal counsel. Don’t attempt to avoid being served with a subpoena. Immediately gather information as soo as the subpoena is served. Provide the material if it’s already been published. Don’t talk to people outside the organization. Hire your own lawyer if you believe the source should remain confidential.

Question 148

Those who work in the mass media and run afoul of judicial orders or the commands of legislative committees can quickly feel the sharp sting of a _____________ ______________.

Answer 148

contempt citation

Question 149

What is the collateral bar rule?

Answer 149

a rule that requires that all court orders, even those that appear to be unconstitutional and are later deemed to be unconstitutional by an appellate court, must still be obeyed until they are overturned; states that a person who violates a court order cannot collaterally challenge the order’s constitutionality as a defense to the contempt charge