Deck 12: The Law and Convergent Journalism

Question 1

The First Amendment protects against actions violating freedom of speech or the press by which of the following:

A) Private businesses
B) News organizations
C) Professional sports leagues
D) Government bodies

Answer 1

Government bodies

Question 2

If you infringe on somebody else's copyrighted work, what are the minimum damages a court may order you to pay?

A) 50
B) 750
C) 1500
D) 22500

Answer 2

750

Question 3

Fair use protects journalists who use the copyrighted works of others, so it is not infringement if you use somebody else's photograph on your website as long as it is for news purposes.

Answer 3

False

Question 4

How long does a copyright typically last in the United States?

A) 20 years
B) 20 years plus an extension term of 10 years
C) 50 years
D) 75 years after the death of the author

Question 5

Which of the following is true about reporter shield laws?

A) Not every state allows journalists to avoid testifying about their confidential sources
B) If a journalist refuses to testify after being ordered to do so by a judge, the journalist can be fined or jailed for contempt of court
C) No federal reporter shield law has been passed by Congress
D) All of these

Question 6

Which of the following is true about reporter shield laws?

A) Not every state allows journalists to avoid testifying about their confidential sources
B) If a journalist refuses to testify after being ordered to do so by a judge, the journalist can be fined or jailed for contempt of court
C) No federal reporter shield law has been passed by Congress
D) All of these

Question 7

Which of the following must prove "actual malice" to win a libel lawsuit?

A) Famed actress Meryl Streep
B) Supreme court justice Antonin Scalia
C) Robin Vuckovich, the manager at your local Denny's restaurant
D) Streep and Scalia, but not Vuckovich

Question 8

Should journalists have to ask permission to use photos or videos they find online when using them for news purposes? If they do use them without permission, what attribution or credit should be given? Consider this from the perspective of 1. a journalist trying to deliver news to the audience; 2. a journalist who has taken the photos or the videos that others may be using for news purposes; 3. a person who may have posted it on social media without intending it to be used for news purposes.

Question 9

When is it OK for a journalist to record a conversation without the other person knowing? What are the potential consequences if a journalist records somebody without permission? If a journalist records a conversation, should he or she be able to post the conversation on the Web without permission of the other person?

Question 10

Which of the following works are eligible to be copyrighted?

A) Ideas for new technology
B) Recipes
C) Documents published by the U.S. government
D) None of the above

Question 11

Which of the following groups does the federal Freedom of Information Act require to respond to requests for records?

A) State legislatures such as the Ohio House of Representatives
B) Federal agencies such as the U.S. Department of Justice
C) County sheriff's departments
D) Publicly-traded companies such as Google and Chrysler

Question 12

Publishers cannot be held legally responsible for libel if the things they publish are substantially true.

Question 13

Which of the following must prove "actual malice" to win a libel lawsuit?

A) Famed actress Meryl Streep
B) Supreme court justice Antonin Scalia
C) Robin Vuckovich, the manager at your local Denny's restaurant
D) A and B only

Question 14

The Sesame Street Daily News publishes an online news story in which Oscar the Grouch gripes about Cookie Monster, saying, "He is a big, blue, furry cannibal who has serious mental problems. I've seen him eat other muppets. Have you seen Telly Monster recently?" In Imagination County, where Sesame Street is located, cannibalism is a second-degree felony crime. If Cookie Monster sued the Sesame Street Daily News for libel, the website would likely win because it was only reprinting Oscar's words.

Question 15

If Oscar the Grouch was an officer for the Sesame Street Police Department, and the quote came from a sworn affidavit filed to get an arrest warrant for Cookie Monster, the website would likely win in a libel suit by Cookie Monster because the statement is privileged.

Question 16

Oscar the Grouch is merely making a statement of opinion, so the website cannot be found responsible for libel.

Question 17

Which of the following does the Communications Decency Act do?

A) Prevents journalists from facing meritless libel lawsuits
B) Shields Internet service providers and their users from liability for hosting or sharing defamatory statements made by others
C) Creates a privilege for publishing statements in official documents, even if they are false
D) Makes publishing things from illegally obtained documents a crime

Question 18

Which of the following is true about reporter shield laws?

A) Not every state allows journalists to avoid testifying about their confidential sources
B) If a journalist refuses to testify after being ordered to do so by a judge, the journalist can be fined or jailed for contempt of court
C) No federal reporter shield law has been passed by Congress
D) All of the above

Question 19

What does SLAPP stand for?

A) Strict Liability After Privacy Preemption
B) Statutory Limitation Against Public Participation
C) Strategic Lawsuit Against Public Participation
D) Statutory Liability Against Public Purposes

Question 20

Suppose an anonymous commenter makes libelous statements about the mayor on your website, and the mayor complains to you to take it down. Further, the mayor wants to bring a lawsuit against the libelous commenter and seeks your help in tracking that person down. Should you have any legal responsibility if you do not remove the comment? And should the mayor be able to go to court to compel you to identify the anonymous commenter on your site?

Question 21

The First Amendment protects against actions violating freedom of speech or the press by which of the following:

A) Private businesses
B) News organizations
C) Professional sports leagues
D) Government bodies

Question 22

Publishers cannot be held legally responsible for libel if the things they publish are substantially true.

Question 23

Which of the following must prove "actual malice" to win a libel lawsuit?

A) Famed actress Meryl Streep
B) Supreme court justice Antonin Scalia
C) Robin Vuckovich, the manager at your local Denny's restaurant
D) A and B only

Question 24

The Sesame Street Daily News publishes an online news story in which Oscar the Grouch gripes about Cookie Monster, saying, "He is a big, blue, furry cannibal who has serious mental problems. I've seen him eat other muppets. Have you seen Telly Monster recently?"
In Imagination County, where Sesame Street is located, cannibalism is a second-degree felony crime.

-If Cookie Monster sued the Sesame Street Daily News for libel, the website would likely win because it was only reprinting Oscar's words.

Question 25

The Sesame Street Daily News publishes an online news story in which Oscar the Grouch gripes about Cookie Monster, saying, "He is a big, blue, furry cannibal who has serious mental problems. I've seen him eat other muppets. Have you seen Telly Monster recently?"
In Imagination County, where Sesame Street is located, cannibalism is a second-degree felony crime.

-If Oscar the Grouch was an officer for the Sesame Street Police Department, and the quote came from a sworn affidavit filed to get an arrest warrant for Cookie Monster, the website would likely win in a libel suit by Cookie Monster because the statement is privileged.

Question 26

The Sesame Street Daily News publishes an online news story in which Oscar the Grouch gripes about Cookie Monster, saying, "He is a big, blue, furry cannibal who has serious mental problems. I've seen him eat other muppets. Have you seen Telly Monster recently?"
In Imagination County, where Sesame Street is located, cannibalism is a second-degree felony crime.

-Oscar the Grouch is merely making a statement of opinion, so the website cannot be found responsible for libel.

Question 27

Which of the following does the Communications Decency Act do?

A) Prevents journalists from facing meritless libel lawsuits
B) Shields Internet service providers and their users from liability for hosting or sharing defamatory statements made by others
C) Creates a privilege for publishing statements in official documents, even if they are false
D) Makes publishing things from illegally obtained documents a crime

Question 28

Which of the following are legal to do as a journalist?

A) Stay on private property after you have been asked to leave
B) Record other people's conversations without their knowledge
C) Take photographs of people in public places without their knowledge
D) Fly a drone with a camera attached over private property

Question 29

Which of the following is true about reporter shield laws?

A) Not every state allows journalists to avoid testifying about their confidential sources
B) If a journalist refuses to testify after being ordered to do so by a judge, the journalist can be fined or jailed for contempt of court
C) No federal reporter shield law has been passed by Congress
D) All of the above

Question 30

What does SLAPP stand for?

A) Strict Liability After Privacy Preemption
B) Statutory Limitation Against Public Participation
C) Strategic Lawsuit Against Public Participation
D) Statutory Liability Against Public Purposes

Question 31

Which of the following works are eligible to be copyrighted?

A) Ideas for new technology
B) Recipes
C) Documents published by the U.S. government
D) None of the above

Question 32

If you infringe on somebody else's copyrighted work, what are the minimum damages a court may order you to pay?

A) $50
B) $750
C) $1,500
D) $22,500

Question 33

Fair use protects journalists who use the copyrighted works of others, so it is not infringement if you use somebody else's photograph on your website as long as it is for news purposes.

Question 34

Should journalists have to ask for permission to use photographs or videos they find online when they use them for news purposes, and if they do use them without permission, what kind of attribution or credit should be given? Consider this question from the perspective of a journalist who is trying to deliver news to the audience. Also, consider it from the perspective of a journalist who has taken the photos or the videos that others may be using for news purposes. Finally, consider it from the perspective of a person who may have posted that photo or video on a social media site without intending it to be used for news purposes.

Question 35

When is it OK for a journalist to record a conversation without the other person knowing? What are the potential consequences if a journalist records somebody without permission? If a journalist records a conversation, should he or she be able to post the conversation on the Web without permission of the other person?

Question 36

Suppose an anonymous commenter makes libelous statements about the mayor on your website, and the mayor complains to you to take it down. Further, the mayor wants to bring a lawsuit against the libelous commenter and seeks your help in tracking that person down. Should you have any legal responsibility if you do not remove the comment? And should the mayor be able to go to court to compel you to identify the anonymous commenter on your site?