Deck 9: Gathering Information: Records and Meetings

Question 1

The federal law and rules designed to protect the privacy of information of medical patients is known by the acronym ______________.

Answer 1

HIPAA (Health Insurance Portability and Accountability Act

Question 2

The Supreme Court has ruled that journalists may accompany the police when they execute search warrants,even if the property owners protest,because such press coverage assists the public in understanding how law enforcement agencies operate.

Answer 2

False

Question 3

Since taking office in January 2009,President Barack Obama

A)vowed to make government transparency and access to government records a priority.
B)eliminated the problems with FOIA that existed under President George W.Bush.
C)both "a" and "b" are correct.
D)neither "a" nor "b" is correct.

Answer 3

A

Question 4

Journalists who trespass are subject to:

A)civil liability
B)criminal prosecution
C)both civil liability and criminal prosecution
D)neither civil liability nor criminal prosecution

Question 5

When it comes to journalists recording and taping telephone conversations,the vast majority of states fall into the category of

A)no-party consent states.
B)one-party consent states.
C)all-party consent states.
D)multi-party consent states.

Question 6

In 2006,a federal appellate court in Baltimore Sun v.Ehrlich held that a state governor

A)must grant interview access to journalists.
B)does not need to grant interview access to journalists.
C)is subject to the federal Freedom of Information Act.
D)cannot block access to his monthly calendars under a state open records law.

Question 7

The U.S.Supreme Court ruled in 2011 in FCC v.ATT,Inc.that FOIA Exemption 7 (c)applies to corporate entities.

Question 8

The case of Wilson v.Layne illustrates the principle that when law enforcement officials bring reporters during a ride-along inside a private home during an otherwise valid search they may violate the _____________ Amendment.

Question 9

A helicopter hovering above a person's property at a very low altitude for a prolonged period of time may constitute a trespass over that person's property.

Question 10

Under the federal Freedom of Information Act,a government agency has how many working/business days to respond to a request for records after it receives the request?

A)Five
B)Ten
C)Fifteen
D)Twenty

Question 11

The federal law adopted in 1974 that is designed to safeguard the privacy of students' education records is known by the acronym ____________.

Question 12

In making federal FOIA requests,representatives of the news media are

A)charged 25 for each page that must be duplicated by the responding agency.
B)not charged any amount for each page that must be duplicated by the responding agency.
C)receive the first 100 pages of duplicated records free of charge,but then are charged for each page duplicated after 100.
D)are charged 25 for each page that must be duplicated by the responding agency,as well as a reasonable fee for search time that is adjusted each year for inflation.

Question 13

The 2010 case of Frederick v.Biography Channel involving the actions of the police in Naperville,Illinois,illustrates the problems when

A)police trespass on private property when filming reality TV shows.
B)reporters for cable channels trespass on private property when filming reality TV shows.
C)police and reporters for cable channels act in symbiotically when filming reality TV shows.
D)police and reporters for cable channels plant hidden cameras to film suspects.

Question 14

One of the numbered exemptions to the federal Freedom of Information Act exempts from disclosure agency records that reveal trade secrets.

Question 15

The decision by the U.S.Supreme Court in 2004 in National Archives and Records Administration v.Favish centered on a dispute over access to:

A)financial data.
B)death-scene photographs.
C)the military records of George W.Bush.
D)special operations forces in Iraq.

Question 16

Records of which of the following are not subject to the federal Freedom of Information Act?

A)The U.S.Congress
B)The U.S.Supreme Court
C)Both the U.S.Congress and the U.S.Supreme Court
D)The Federal Communications Commission

Question 17

The U.S.Supreme Court's 2011 ruling in Milner v.Department of the Navy gave

A)a narrow interpretation to the scope of FOIA Exemption 2.
B)a broad interpretation to the scope of FOIA Exemption 2.
C)a narrow interpretation to the scope of FOIA Exemption 4.
D)a broad interpretation to the scope of FOIA Exemption 4.

Question 18

In determining whether to award attorney fees to a plaintiff who has prevailed in a FOIA lawsuit against a government agency,courts often consider:

A)the wealth of the plaintiff prior to the lawsuit
B)the commercial benefit to the plaintiff of obtaining the information
C)both "a" and "b" are correct
D)neither "a" nor "b" is correct

Question 19

Plaintiffs' attorneys now are suing not just for how news is reported,but increasingly for how news is gathered.

Question 20

The 2010 appellate court ruling in Boring v.Google,Inc.involved a modern-day twist on

A)the law related to access to state records.
B)the law related to access to federal records.
C)trespass.
D)harassment.

Question 21

Identify the four factors articulated by a federal judge in 2009 for determining whether a government agency as sufficient "control" over a document to render it an "agency record" for purposes of the federal Freedom of Information Act.

Question 22

As described in the textbook,define trespass.

Question 23

Explain the general principle about newsgathering that is illustrated by the case of Lawrence Matthews and his investigation for a news story on child pornography.

Question 24

The Office of ___________________ was created as part of the Open Government Act of 2007 to serve as an ombudsperson and to mediate FOIA disputes as a nonexclusive alternative to litigation.

Question 25

In general,explain how the courts have responded to the argument that the First Amendment protects the right to gather news?