Deck 3: Legal Considerations in Media Writing

Question 1

Print and broadcast journalists, because of their traditional role as transmitters of information, have a greater legal right to access to news events than do other members of the public.

Answer 1

False

Question 2

Generally, the media can record or take pictures of what is seen, said or heard in public and semi-public places, and, because of First Amendment protections, there is no restriction on what might be viewed as harassment or overzealous surveillance.

Answer 2

False

Question 3

Defamation involves negligence or recklessness of some type, and compensation for defamation is based on the amount of harm determined to have been done.

Answer 3

False

Question 4

Libel is a false, defamatory statement published or broadcast that holds someone up to public hatred, contempt or ridicule, and which causes monetary damages to a business.

Question 5

The threat of libel action can exert a "chilling effect" on news coverage as reporters become more cautious about what is printed and broadcast because they or their news organizations are fearful of being sued. Thus, the public does not get the news and information it should have.

Question 6

The news stories which generate the most claims of injury to reputation result from charges of crime, immorality, incompetence or inefficiency.

Question 7

Truth is an absolute defense against a libel suit.

Question 8

Experienced reporters often use the term "allegedly" or "it is alleged" in reporting crime news because the courts have held that it gives protection against a libel action being filed.

Question 9

Typographical errors are immune from libel action.

Question 10

Reporters are generally given qualified privilege in reporting what public officials say, particularly while covering official proceedings and in disclosing the contents of public records, unless errors were committed in reporting or malice can be shown.

Question 11

Elected public officials have absolute privilege and are immune from libel action for statements made on the floor of a legislative body. Thus, the media can usually publish anything said in a public hearing, though it is a good tactic to offer the defamed an opportunity to respond and thereby dilute the argument that the media treated them unfairly.

Question 12

Private citizens generally have far less legal recourse to the libel courts than do public officials or figures.

Question 13

Newsgathering is protected in fact, if not in law. Thus, attorneys cannot ask questions such as why a particular interview was used or what motivated a reporter to approach the story as they did.

Question 14

Reporters' notes and video out-takes may be subpoenaed as evidence in a libel suit.

Question 15

Fair comment about matters of public importance or interest has traditionally been held permissible as long as the factual material is truthful or the statement of opinion is made without malice or prospect of gain.

Question 16

While most libel cases involve newspapers or broadcast media, news releases and other public relations vehicles are immune from defamation charges.

Question 17

Public relations practitioners should probably be more concerned about copyright violations and trademark infringements rather than traditional libel and privacy law problems.

Question 18

The media have First Amendment protection for revealing private facts about people, even when the information is personal and does not seem to be of legitimate public concern.

Question 19

What is the defense in an invasion-of-privacy charge?

Question 20

If you, as a reporter, are contacted by someone who believes they have been libeled, handle the problem yourself. Apologize and agree to print or broadcast a retraction, because most libel suits come from people who have been treated curtly or rudely while trying to get the errors corrected.

Question 21

Which is better for society: to have full disclosure through reporting, even though it may taint prospective jurors, or to limit the scope of criminal justice proceedings to better ensure an innocent person is not wrongly convicted? Your thoughts?

Question 22

There is telling evidence that media publicity prevents a fair trial, for virtually every conviction in a sensational trial has been overturned because of media reporting, or else juries, feeling media pressure, have brought in guilty verdicts.

Question 23

Courts can be closed to the public-the news media is considered a segment of the public-for only the most compelling of reasons after alternatives have been considered and only for as long as necessary.

Question 24

While judges have no authority to control the behavior of the press within the courtroom, courts can prohibit news media from publishing any details they uncover about a case (called a "gag order" by reporters).

Question 25

Over the years, various press-bar guidelines have been issued about information reporters should not use in stories. What do these entail?

Question 26

With the proliferation of media channels in recent years, the impact of the Internet on news dissemination and the economics of the media marketplace, mainstream media find it increasingly difficult in sensational court cases to avoid publishing some of the same material as the sensationalist tabloids or questionable online sources.

Question 27

Participants in the criminal justice system often seek to use the news media to present their cases to the public. Thus, it is important for reporters to remember that the accused is only the accused and is considered innocent until proven guilty in a court of law.

Question 28

What's a "perp walk"?

Question 29

In reporting crime news:

A) Stories should be written with a presumption of innocence.
B) Reporters should never allow themselves to identify with police, prosecution or defense.
C) News should be reported with a minimum of sensationalism and speculation.
D) The defendant should be treated impartially and the victim or victim's family with consideration.
E) All of the above.
F) Sorry, nice sentiments, but your job is to report the news so that newspapers will be sold or newscasts can deliver audiences to advertisers.

Question 30

Judges can order reporters to turn over notes or names of sources in criminal proceedings. Why do reporters argue against this?

Question 31

While the Supreme Court has upheld the right of law enforcement authorities to make unannounced searches of newsrooms for journalists' notes and photographs, the Privacy Protection Act of 1980 restricts the use of warrants to seize information in the possession of public communicators, and state and federal statutes encourage the use of subpoenas rather than search warrants.

Question 32

A "shield law" protects a reporter from being sued if libelous information is printed or broadcast.

Question 33

Reporters should be familiar with provisions of their state shield laws and how they are interpreted by the courts in order to avoid facing unexpected penalties.

Question 34

The federal Freedom of Information Act applies to executive branch agencies,
Congress, the courts, as well as state and local governments.

Question 35

One drawback of the Freedom of Information Act is that individuals cannot seek personal information through FOIA procedures.

Question 36

While FOIA officers are no longer directed to give strong consideration to exemptions in the release of information and to ask if there is a "sound legal basis" to withhold information from requestors, the government has rarely viewed exemptions for privacy or business information as discretionary. Staff recommendations and policy draft comments are also exempt, and federal agencies have been ordered to withhold "sensitive but unclassified" information for national security reasons.

Question 37

What are some common complaints by journalists about FOIA requests?

Question 38

There is usually more than one way to obtain information, generally by developing good sources of information so that FOIA requests are not needed. Most newswriters have enough to do without getting involved in a struggle with a governmental agency.

Question 39

What are "sunshine laws"?

Question 40

Broadcasters have the same First Amendment rights as do print journalists.

Question 41

With all the diverse broadcasting voices in operation, the government has imposed regulations-the personal attack rule and editorial reply are two examples-to ensure that radio, television and cable continue to meet the public interest, convenience and necessity.

Question 42

The unique quality of our system of government is its adherence to a set of laws, some of the most vital being our commitment to legal protection for freedom of speech and the press. If these are ever allowed to be whittled away, there go not only our First Amendment freedoms, but ultimately freedom of political thought, action, and our democratic system.

Question 43

While speech and publication is at times hateful or obnoxious, it is the price we pay for liberty.