Journalism Quiz # 14

The standard courts use to determine if a private facts plaintiff kept information private is that the information was not revealed to more than 20 people.

True

False

The USA PATRIOT Act allows the government to obtain information about anyone from public libraries, businesses, hospitals, and Internet service providers. The government only has to say the information is being sought for a terrorism investigation.

True

False

Current federal and state privacy laws stringently protect American consumers and their data.

True

False

The U.S. Supreme Court has ruled that, in general, the First Amendment ______.

Protects publication of information that journalists obtained through their own illegal wiretaps

Does not protect publication of confidential information

Does not protect newsgathering

Protects newsgathering

When a journalist requests copies of documents through the Freedom of Information Act, the federal government ______.

May provide only some of the documents requested, but may not delete any words in those documents

Always charges journalists for searching for and copying the documents

May redact words or sentences if an exemption permits

Has 12 months before it is required to respond to the request

FOIA exemptions ______.

Permit requested information to be released if the agency so chooses

Require agencies to refuse to release certain requested information

Are applicable only to congressional records

Do not apply to federal agencies

City, county, and state government documents are available to reporters ______.

Through the Freedom of Information Act

Through various state sunshine laws

Through various state open records laws

Under the First Amendment

Reporters’ access to documents and records held by governments in the United States, and to government meetings, is protected primarily by ______.

The First Amendment

The U.S. and state constitutions

Federal and state statutes

Common law decisions

City police are on your public university campus investigating an attack against a student. The police tell everyone they must leave the area. You stay nearby without disturbing police activities to gather information for your story. The police arrest you. At your trial you ______.

Win because reporters have a First Amendment right to gather information in a public place

Win because the First Amendment gives anyone a right to be in a public place

Lose because under the First Amendment the public university campus is not a public or quasi-public place

Lose because reporters have no First Amendment right to gather information and no special right of access

Under the Freedom of Information Act, ______.

Only courts decide when and if an agency will release a document that is covered by an exemption

An agency is not allowed to release a document that is covered by an exemption

An agency must release a document that is covered by an exemption

An agency may release a document that is covered by an exemption

Open meetings laws often are referred to as ______.

“sunshine” laws

“open door” laws

“dark chamber” laws

Freedom of Information laws

The Federal Privacy Act says personal information in federal government files can’t be released. FOIA says personal information can be released if an agency so chooses. How is this conflict resolved?

Neither Congress nor the courts have decided how to resolve the conflict.

The conflict must be taken to court for a judicial decision.

FOIA takes precedence; the information may be released.

The Privacy Act takes precedence; the information may not be released.

Which statement below is most accurate with regard to what the Food Lion case says about the newsgathering technique of using hidden cameras?

The use of hidden cameras is illegal.

Hidden cameras may be used only with stories of public importance.

The use of hidden cameras is legal only in open, public areas.

The use of hidden cameras may or may not be legal depending upon the specific facts of the case.

The U.S. Supreme Court has clearly stated that there is First Amendment protection for newsgathering.

True

False

When invited by government officials to accompany them, journalists legally may enter private property without the consent of the property owner or resident.

True

False

The law that governs the recording of conversations is uniform nationwide.

True

False

Journalists have a right to trespass on private property where a newsworthy event is occurring.

True

False

The concept of promissory estoppel holds that reporters may not be legally bound by promises of confidentiality they give to sources.

True

False

The Supreme Court has held that reporters may ______.

Refuse to testify before grand juries because of self-incrimination concerns

Not refuse to testify before grand juries without risking being found in contempt

Refuse to testify before grand juries because reporters are always protected by First Amendment privilege

Refuse to appear before a grand jury even if subpoenaed to do so

A reporter for a daily paper tells Wally that she will not reveal his name if he gives her important information about a candidate running for governor. Wally gives the reporter the information, and she decides to include Wally’s name. Wally sues both the reporter and the newspaper. Wally likely will ______.

Win because his lawsuit because the First Amendment does not protect journalists who break promises to sources

Lose because the First Amendment protects news decisions by reporters and newspapers

Lose because the reporter and newspaper did not enter into a written contract with Wally

Lose because Wally's claim that he was promised confidentiality cannot be proven without the reporter's support

The qualified First Amendment reporter’s privilege that sometimes allows a reporter to refuse to testify during court proceedings is based on ______.

A law adopted by the U.S. Congress

State court applications of the First Amendment

A Supreme Court decision on a freelance photographer’s status as a company contractor

A Supreme Court decision on reporters’ responsibility to testify before grand juries

A police officer comes into your newsroom with a valid search warrant. The warrant says the officer can search your desk and your computer files. You should ______.

Refuse to allow the search by any means necessary because warrants for newsroom searches violate journalists’ First Amendment rights

Allow the officer to search your desk and computer files

Take your materials out of the newsroom and hide them because they are protected by the state's shield law

Agree to allow the search only if you are being charged with a crime or if you are a defendant in a civil suit

In states that have adopted shield laws, a judge may ______.

Use any state’s shield law to determine if a reporter will be required to reveal information

Use either the shield law or the qualified First Amendment privilege to determine if a reporter will be required to reveal information

Use only the state’s shield law to determine if a reporter will be required to reveal information

Not use the shield law unless the reporter is being asked to testify in a civil trial

The majority of federal courts protect reporters from revealing information by ______.

Using the qualified First Amendment privilege

Applying a federal shield law

Invoking the Freedom of Information Act.

Redacting critical passages of their news stories.

The qualified First Amendment reporter’s privilege against revealing sources or other information is used in ______.

All federal and state courts

Most federal courts and a minority of states’ courts

No federal courts, but all states’ courts

No courts after 2015

The U.S. Supreme Court found that search warrants served on journalists ______.

Are prohibited by shield laws

Violate journalists’ First Amendment rights

Are prohibited by the qualified First Amendment privilege

Are legal and must be obeyed

The Sixth Amendment right to a fair trial belongs ______.

Exclusively to the defendant

Exclusively to the public

To any party but not those not directly involved in the court proceeding

To both the defendant and the public

Electronic access to court records ______.

Varies broadly among states and state and federal courts

Is consistent and presumptively open throughout all state and federal courts

Is consistent and presumptively closed in all state and federal courts

Is presumptively closed in federal courts but may be opened in state courts under state law

A majority of states have shield laws.

True

False

There is no general right of the public to challenge the closure of a court proceeding.

True

False