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Broadcast Law & Ethics Exam 3

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The line of cases exemplified by Food Lion v. Capital Cities/ABC indicates that
plaintiffs are suing media defendants for newsgathering techniques more often than they did in years past
How have the producers of television programs such as "COPS" dealt with the U.S. Supreme Court rulings on ride-alongs?
they claim to obtain releases from everyone involved in the program
When it comes to recording face-to-face conversations, the majority of U.S. states are
"one party" states
When it comes to recording interstate telephone conversations, what law or regulation applies?
FCC regulations
Who may use the FOIA to request federal government records?
anyone
Newsgathering is protected primarily by
Federal and state statues
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.
true
A photographer who will not leave subjects alone is most vulnerable to what lawsuit?
Harassment
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?
merely accompanying emergency personnel does not grant the consent necessary; journalists who make that assumption are susceptible to an intrusion lawsuit
Which of the following statements about the federal FOIA is true?
it is the model for many states' open records laws
Of the following, which one is most directly related to regulating access to student records?
FERPA
The regulations for embedding journalists with military troops prior to the 2003 United States invasion of Iraq were established by the
Department of Defense
The Freedom of Information Act permits access to records held by federal
Agencies
Which of the following is not one of the required options stipulated by the FCC for recording interstate phone calls?
submitting a signed "Consent to Record" form to the FCC
Of the following, which one is most directly related to regulating access to medical records?
HIPAA
If a newspaper reporter records a telephone interview
the reporter may use information from the interview in a story without the interviewee's consent
In situations where an illegally-obtained recording falls into a journalist's hands (as in Bartnicki v. Vopper), what is true?
particularly when it involves a matter of public concern, the unknown origin does not remove the First Amendment right to broadcast the recording
Compared to members of the public, how much access to documents, records and news event sites do journalists have?
The Same
How long does a federal agency have to respond to a Freedom of Information Act (FOIA) request?
20 Working Days
When invited by government officials to accompany them, journalists may enter private property without the content of the property owner or resident.
False
Former New York Times reporter Judith Miller was jailed for refusing to testify
to a grand jury about information she received from a confidential source
Shield laws are intended to protect the identity of
News Sources
Under the doctrine of promissory estoppel,
when a promise is relied on and harm follows due to that promise being broken, legal liability may exist
Courts generally have found that search warrants served on journalists are
Legal and must be obeyed
The U.S. Supreme Court in Zurcher v. Stanford Daily ruled that a newsroom search by government agents with a search warrant is
not a First Amendment issue and is permissible
Many U.S. Courts of Appeals have recognized that a reporter's privilege exists.
True
Promissory estoppel is considered a generally applicable law
True
The impact of Cohen v. Cowles Media Co. includes
sources being more confident their identities will be kept confidential
Shield Laws
vary widely in their coverage and protection
Of those states that have shield laws, there is consistency in how the laws are worded and applied
False
What is the name of the test used to determine if a reporter should have a qualified privilege to protect a news source?
Branzburg Test
What action did the U.S. Supreme Court take in Cohen v. Cowles Media Co.?
permitted a source who had been promised confidentiality to sue a newspaper for civil damages when his name was revealed in a news story
Jones is a reporter for Channel 10. Jones interviews Kennedy about a group that robs elderly people's houses in the community. Jones says Kennedy's name will not appear in the story. But the Channel 10 news producer insists Kennedy's name be part of the story. After Kennedy hears the story, Kennedy sues Jones, the news producer and Channel 10 for breaking Jones' promise. Kennedy will
win because the U.S. Supreme Court and other courts have said the First Amendment does not protect reporters who break confidentiality promises
A major difference between being the subject of a subpoena and a search warrant is that
you can challenge the subpoena in court, but must immediately comply with a search warrant
A reporter is least likely to have reporter's privilege when subpoenaed to testify
before a federal grand jury
It is clear that reporter's privilege exists in grand jury situations.
False
In applying the journalist's privilege, most courts have
not precisely defined "journalist" in spite of the efforts of some courts to do so
The majority of federal courts
protect reporters from revealing information by using a qualified First Amendment privilege
A shield law exists in
a majority of states
The First Amendment protects journalists when they choose to break promises of confidentiality
False
Some courts maintain the anonymity of jurors to protect their privacy and safety.
True
When a court orders a new venire, it
calls a new pool of potential jurors from an another county
Richmond v. Virginia established that the right to a public trial
belongs to the public and the defendant
Presumptively open proceedings will be closed if both the defense and the prosecution agree to the closure.
False
In Richmond Newspapers v. Virginia, the Supreme Court established that both the defendant and the public share the Sixth Amendment right to an open public trial.
True
In Estes v. Texas, several members of the U.S. Supreme Court said broadcast coverage of trials was inherently prejudicial to criminal defendants
True
Courts generally use civil contempt orders to compel an individual to do something.
True
If a journalist refuses to name confidential sources, a court may cite the reporter with
Contempt of Court
Access to court records is controlled by
court rules and open records laws
Cameras generally are excluded from
most federal courts
When a judge gives instructions and warnings to jurors about how to deliberate and reach a verdict, this is called voir dire.
False
In Sheppard v. Maxwell, the U.S. Supreme Court said one constitutionally acceptable way to assure fair trials is to
strictly control media behavior in the courtroom
The U.S. Supreme Court has said presumptively open trial proceedings may be closed if judges
order a limited closure that is a necessary last resort to protect a compelling interest
In Gannett v. DePasquale, the U.S. Supreme Court said that although many pretrial activities are an integral part of the trial process, they are not presumptively open to the public
False
The Sixth Amendment protects criminal defendants' rights to
All of the above
In Sheppard v. Maxwell, the U.S. Supreme Court said that the responsibility to guarantee a fair trial rests primarily with
The Judge
Criminal contempt citations punish actions that directly and intentionally interfere with the proceedings of the court.
True
Juvenile judicial proceedings and records are closed to the public in all states.
False
Jurors are not impartial if they
have their minds made up before the trial starts
Attorneys use peremptory challenges to eliminate potential jurors whose responses to questioning suggest they are have their minds made up about the case.
False
Because KOOL-TV's programs are so popular, it is able to—and does—carry 15 minutes of advertising per hour, including on its Saturday morning children's program. Is this permissible?
no, because 15 minutes of commercials per hour does not comply with the legal requirements for children's programming on broadcast television stations
Ramon is the Democratic candidate for governor. He purchases 60 seconds of time on Channel 3 and runs a campaign ad two weeks before the general election. Alycia is the Green Party candidate for governor. She asks Channel 3 to sell her a minute of time. Channel 3's general manager
must sell Alycia 60 seconds of time
Cable laws allow franchising authorities to require local cable systems to provide access channels for public, educational and government use
True
Federal law says FCC decisions should be based on
The public Interest
Which of the following is the most important justification courts use to defend broadcast regulation?
Spectrum Scarcity
During the general election campaign, Channel 3 decides to use four consecutive Wednesday nights from 6:30 p.m. to 7 p.m. to interview candidates for governor. On consecutive programs, Channel 3 invites on the program and interviews Sarah, then Tim, then William, and then Marilyn. Don, who is running for governor as a member of the Slippery Party, demands Channel 3 give him 30 minutes of time. Channel 3
must give Don 30 minutes of free time
Cable television regulation is in the hands of city governments exclusively; the U.S. Congress has adopted no cable television laws.
False
The Federal Communications Commission's funding comes from
Congress
The legislation currently regulating broadcast radio and television stations in the United States is the
Communications Act of 1934
What event prompted the U.S. Congress to regulate radio broadcasting?
the Titanic disaster
FCC commissioners serve
5 year terms
All local cable television systems are allowed to use public rights-of-way without paying a fee to the government that controls the rights-of-way.
False
Section 315 (political broadcasting and cablecasting) is in effect
all the time
A group of citizens in the State of Zipzap gets enough valid signatures on a petition to put a referendum on the ballot that would require the state legislature to adopt a state holiday on Charles Dickens' birthday. An all-news radio station sells advertising time to those who favor the holiday, but refuses to sell time for advertisements against the holiday. The anti-Dickens group tells the station manager that under Section 315, the manager must give the group equal opportunity. Who is correct, and why
the station, because Section 315 does not apply to ballot issues, only to political candidates
Which provisions of cable law allow cable television systems to provide local television station signals to the systems' customers?
must carry and retransmission consent
The Federal Communications Commission regulates
broadcast radio and television
An FCC license is not required to operate a radio station that has a signal reaching only two or three miles from its transmitter in the United States.
False
Cable television began in the late 1940s because mountains and other barriers prevented local television station signals from reaching some people's homes.
True
A week before the general election, John, a legally qualified candidate for mayor, is asked to make a free appearance on a radio station's Saturday morning children's book program. John does so and reads from "Charlotte's Web." Sara, a legally qualified candidate for mayor, demands time from the station. The station manager
need not give Sara any time, because John did not purchase an advertisement
Section 315 of the Communications Act of 1934
requires broadcast stations and cable systems to make equal opportunities available to legally qualified candidates for the same political office
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