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(Download PDF) Mass Media Law 18th Edition Pember Test Bank Full Chapter
(Download PDF) Mass Media Law 18th Edition Pember Test Bank Full Chapter
(Download PDF) Mass Media Law 18th Edition Pember Test Bank Full Chapter
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c10
Student: ___________________________________________________________________________
1. In 2010, which one of the following individuals was held in contempt of court and fined $1,000 a day after
she failed to show up in court to respond to a prosecutor's subpoena that asked her both to reveal the identity of
one of her confidential sources and to talk about a jailhouse interview she had conducted with a man suspected
of shooting two people?
A. Diane Sawyer
B. Claire O'Brien
C. Christiane Amanpour
D. Katie Couric
2. In 2011, a federal appellate court in the case of Chevron Corp. v. Berlinger, involving a documentary called
"Crude" made by Joseph Berlinger, held that Berlinger could not assert a journalistic privilege because
A. he lacked journalistic independence.
B. his work was a documentary film, not a televised news story.
C. he was not a credentialed journalist.
D. did not work for a news organization.
3. The Privacy Protection Act of 1980 came as a legislative response to which one of the following U.S.
Supreme Court cases?
A. Cohen v. Cowles Media Co.
B. ReportersCommittee v. AT&T
C. Branzburg v. Hayes
D. Zurcher v. Stanford Daily
4. Lower federal and state courts have fashioned a limited First Amendment privilege that often protects
reporters who refuse to reveal the names of news sources. Judges seem more willing to grant reporters the use
of this privilege in
A. grand jury investigations rather than in civil actions.
B. criminal actions rather than in civil actions.
C. civil actions rather than in grand jury investigations.
D. grand jury investigations rather than in criminal actions.
5. Courts that have addressed the issue of whether Internet service providers can be forced under subpoena in
civil lawsuits to reveal the identity of people who post anonymous messages on the Internet
A. uniformly agree there is an absolute First Amendment right to engage in anonymous online speech that
protects against such compelled disclosure/.
B. uniformly agree the First Amendment is not relevant in this issue and that Internet service providers must
therefore always reveal the identity of people who post anonymous messages on the Internet.
C. have attempted to create tests that balance First Amendment interests against the needs of plaintiffs for the
names of a people who posts anonymous messages on the Internet.
D. have held that the Fourth Amendment must be balanced against the First Amendment in such civil lawsuits.
6. In Zurcherv. Stanford Daily, the U.S. Supreme Court ruled that newsroom searches
A. by government agents were a direct interference with freedoms protected by the First Amendment and are
impermissible.
B. by government agents are not a First Amendment issue, but are governed by the Fourth Amendment and are
clearly permissible.
C. by government agents are not a First Amendment issue, but are governed by the Fourth Amendment and are
clearly impermissible.
D. are limited, but not totally banned, by the First Amendment.
7. In determining whether a First Amendment-based privilege protects journalists from revealing confidential
information and/or confidential sources in criminal trials in which the defendant is seeking the information,
courts must balance the First Amendment against
A. the Fourth Amendment.
B. the Sixth Amendment.
C. both the Fourth Amendment and the Sixth Amendment.
D. neither the Fourth Amendment nor the Sixth Amendment.
8. The legal theory under which the plaintiff in Cohen v. Cowles Media Co. ultimately prevailed is called:
A. breach of contract
B. negligence
C. promissory estoppel
D. defamation
9. As of mid-to-late 2011, how many states had shield laws protecting journalists from revealing certain
information and/or confidential sources in court proceedings?
A. 10
B. 40
C. 45
D. 50
10. Which one of the following cases centered on the ability of journalists to refuse to testify in grand jury
proceedings?
A. Cohen v. Cowles Media Co.
B. ReportersCommittee v. AT&T
C. Branzburg v. Hayes
D. Zurcher v. Stanford Daily
11. Which one of the following cases centered on the ability of confidential sources to sue journalists who
breach promises of confidentiality?
A. Cohen v. Cowles Media Co.
B. ReportersCommittee v. AT&T
C. Branzburg v. Hayes
D. Zurcher v. Stanford Daily
12. Ten of 12 of the federal appellate courts have ruled that the First Amendment provides at least limited or
qualified protection for reporters who are asked to testify or produce photos or materials in proceedings other
than:
A. civil trials.
B. criminal trials.
C. grand juries.
D. habeas corpus.
13. Variations of the Dendrite and Cahill tests often are used by courts today in determining whether:
A. a theory of promissory estoppel should apply in a civil lawsuit.
B. a website must reveal the identity of an anonymous poster in a civil lawsuit.
C. the collateral bar rule will apply in a civil lawsuit
D. the collateral bar rule will apply in a criminal prosecution
14. A 2006 appellate court decision in the California case of O'Grady v. Superior Court was:
A. a victory for Web site operators seeking protection as journalists in refusing to disclose their sources of
information about Apple Computer.
B. a defeat for Web site operators seeking protection as journalists in refusing to disclose their sources of
information about Apple Computer.
C. a victory for Web site operators under the laws of promissory estoppel after they breached promises of
confidentiality to their sources of information.
D. a defeat for Web site operators under the laws of promissory estoppel after they breached promises of
confidentiality to their sources of information.
15. In light of cases such as those involving James Risen of The New York Times in 2008, the head of the
Reporters Committee for Freedom of the Press, Lucy Dalglish, advises journalists not to:
A. use the Internet
B. use office telephones
C. use confidential sources
D. use tape recorders
16. As of 2011, the only state that did not recognize some form of a privilege (be it statutory, common law or
constitutional) for journalists seeking to preserve the confidentiality of sources or information was:
A. Missouri
B. Florida
C. California
D. Wyoming
17. The key to understanding the Supreme Court's ruling in Branzburg v. Hayes is to understand Justice Lewis
Powell's concurring opinion.
True False
18. As of December 2011, each state that had adopted a shield law defined the critical term "journalist" as "a
person engaged in the business of either gathering or reporting news."
True False
19. In 2011, Congress passed and President Obama signed into law a federal shield statute protecting journalists
who appear in federal court proceedings from having to reveal the identity of their confidential sources.
True False
20. One of the first things reporters should do after receiving a subpoena is to try to destroy the records sought
so they won't have to surrender the material.
True False
21. As described in the textbook, the most famous confidential source in modern American journalism history
was a man who died in 2008 named ________________.
________________________________________
22. The earliest reported case of a journalist refusing to disclose the identity of a confidential source involved a
New York Herald reporter who had obtained information about the _____________ War.
________________________________________
23. The _________ rule prohibits journalists from breaking a court order before challenging it in court.
________________________________________
24. Set forth the three questions that courts typically ask in a civil lawsuit in determining whether a qualified
reporter's privilege not to testify should be overcome.
25. Describe both the information that James Taricani wanted to keep secret and who was seeking the
information from Taricani.
c10 Key
1. In 2010, which one of the following individuals was held in contempt of court and fined $1,000 a day after
she failed to show up in court to respond to a prosecutor's subpoena that asked her both to reveal the identity of
one of her confidential sources and to talk about a jailhouse interview she had conducted with a man suspected
of shooting two people?
A. Diane Sawyer
B. Claire O'Brien
C. Christiane Amanpour
D. Katie Couric
Pember - Chapter 10 #1
2. In 2011, a federal appellate court in the case of Chevron Corp. v. Berlinger, involving a documentary called
"Crude" made by Joseph Berlinger, held that Berlinger could not assert a journalistic privilege because
A. he lacked journalistic independence.
B. his work was a documentary film, not a televised news story.
C. he was not a credentialed journalist.
D. did not work for a news organization.
Pember - Chapter 10 #2
3. The Privacy Protection Act of 1980 came as a legislative response to which one of the following U.S.
Supreme Court cases?
A. Cohen v. Cowles Media Co.
B. ReportersCommittee v. AT&T
C. Branzburg v. Hayes
D. Zurcher v. Stanford Daily
Pember - Chapter 10 #3
4. Lower federal and state courts have fashioned a limited First Amendment privilege that often protects
reporters who refuse to reveal the names of news sources. Judges seem more willing to grant reporters the use
of this privilege in
A. grand jury investigations rather than in civil actions.
B. criminal actions rather than in civil actions.
C. civil actions rather than in grand jury investigations.
D. grand jury investigations rather than in criminal actions.
Pember - Chapter 10 #4
5. Courts that have addressed the issue of whether Internet service providers can be forced under subpoena in
civil lawsuits to reveal the identity of people who post anonymous messages on the Internet
A. uniformly agree there is an absolute First Amendment right to engage in anonymous online speech that
protects against such compelled disclosure/.
B. uniformly agree the First Amendment is not relevant in this issue and that Internet service providers must
therefore always reveal the identity of people who post anonymous messages on the Internet.
C. have attempted to create tests that balance First Amendment interests against the needs of plaintiffs for the
names of a people who posts anonymous messages on the Internet.
D. have held that the Fourth Amendment must be balanced against the First Amendment in such civil lawsuits.
Pember - Chapter 10 #5
6. In Zurcherv. Stanford Daily, the U.S. Supreme Court ruled that newsroom searches
A. by government agents were a direct interference with freedoms protected by the First Amendment and are
impermissible.
B. by government agents are not a First Amendment issue, but are governed by the Fourth Amendment and are
clearly permissible.
C. by government agents are not a First Amendment issue, but are governed by the Fourth Amendment and are
clearly impermissible.
D. are limited, but not totally banned, by the First Amendment.
Pember - Chapter 10 #6
7. In determining whether a First Amendment-based privilege protects journalists from revealing confidential
information and/or confidential sources in criminal trials in which the defendant is seeking the information,
courts must balance the First Amendment against
A. the Fourth Amendment.
B. the Sixth Amendment.
C. both the Fourth Amendment and the Sixth Amendment.
D. neither the Fourth Amendment nor the Sixth Amendment.
Pember - Chapter 10 #7
8. The legal theory under which the plaintiff in Cohen v. Cowles Media Co. ultimately prevailed is called:
A. breach of contract
B. negligence
C. promissory estoppel
D. defamation
Pember - Chapter 10 #8
9. As of mid-to-late 2011, how many states had shield laws protecting journalists from revealing certain
information and/or confidential sources in court proceedings?
A. 10
B. 40
C. 45
D. 50
Pember - Chapter 10 #9
10. Which one of the following cases centered on the ability of journalists to refuse to testify in grand jury
proceedings?
A. Cohen v. Cowles Media Co.
B. ReportersCommittee v. AT&T
C. Branzburg v. Hayes
D. Zurcher v. Stanford Daily
11. Which one of the following cases centered on the ability of confidential sources to sue journalists who
breach promises of confidentiality?
A. Cohen v. Cowles Media Co.
B. ReportersCommittee v. AT&T
C. Branzburg v. Hayes
D. Zurcher v. Stanford Daily
13. Variations of the Dendrite and Cahill tests often are used by courts today in determining whether:
A. a theory of promissory estoppel should apply in a civil lawsuit.
B. a website must reveal the identity of an anonymous poster in a civil lawsuit.
C. the collateral bar rule will apply in a civil lawsuit
D. the collateral bar rule will apply in a criminal prosecution
14. A 2006 appellate court decision in the California case of O'Grady v. Superior Court was:
A. a victory for Web site operators seeking protection as journalists in refusing to disclose their sources of
information about Apple Computer.
B. a defeat for Web site operators seeking protection as journalists in refusing to disclose their sources of
information about Apple Computer.
C. a victory for Web site operators under the laws of promissory estoppel after they breached promises of
confidentiality to their sources of information.
D. a defeat for Web site operators under the laws of promissory estoppel after they breached promises of
confidentiality to their sources of information.
15. In light of cases such as those involving James Risen of The New York Times in 2008, the head of the
Reporters Committee for Freedom of the Press, Lucy Dalglish, advises journalists not to:
A. use the Internet
B. use office telephones
C. use confidential sources
D. use tape recorders
17. The key to understanding the Supreme Court's ruling in Branzburg v. Hayes is to understand Justice Lewis
Powell's concurring opinion.
TRUE
18. As of December 2011, each state that had adopted a shield law defined the critical term "journalist" as "a
person engaged in the business of either gathering or reporting news."
FALSE
19. In 2011, Congress passed and President Obama signed into law a federal shield statute protecting journalists
who appear in federal court proceedings from having to reveal the identity of their confidential sources.
FALSE
20. One of the first things reporters should do after receiving a subpoena is to try to destroy the records sought
so they won't have to surrender the material.
FALSE
21. As described in the textbook, the most famous confidential source in modern American journalism history
was a man who died in 2008 named ________________.
W. Mark Felt
23. The _________ rule prohibits journalists from breaking a court order before challenging it in court.
collateral bar
24. Set forth the three questions that courts typically ask in a civil lawsuit in determining whether a qualified
reporter's privilege not to testify should be overcome.
1) Has the person seeking the information from the reporter-normally, the plaintiff-shown that the information
is of certain relevance in the case?; 2) Does the information being sought go to the hear to the heart of the case
such that it is critical the outcome of the case?; and 3) Can the person who wants the information demonstrate to
the court that the information is not available from sources other than the reporter?
25. Describe both the information that James Taricani wanted to keep secret and who was seeking the
information from Taricani.
Taricani was trying to keep secret the identity of a source who leaked to him a copy of a secret surveillance
videotape of an FBI information handing an envelope that allegedly contained a cash bribe to a city official. The
information was being sought by a special prosecutor.
Category # of Questions
Pember - Chapter 10 25
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empanelling of juries composed exclusively of sympathizers
with the territorial class, that the liberty of the Press in
Ireland has been assailed, and influential organs of opinion
prosecuted in the endeavour to silence public comment on this
iniquitous system; that grievous and vindictive fines have
been exacted from districts obnoxious to the landlord interest
by means of charges for extra police quartered upon peaceful
populations, and that the people of Ireland have been
subjected to divers others the like cruel oppressions and
provocations; and humbly to represent to your Majesty that, it
being of the highest constitutional import to encourage the
Irish people to seek the redress of their grievances by the
fullest freedom of speech and of combination which is
warranted by the example of the trade unions of Great Britain,
this House is of opinion that the attacks at present directed
by the Executive against the rights of free speech and of
combination in Ireland should cease, and that the legislation
protecting the trade unions in the exercise of their rights of
combination against capital and non-union labour should be
extended to all agricultural combinations of a similar
character in that country."
----------IRELAND: End--------
{273}
----------ITALY: Start--------
ITALY: A. D. 1895-1896.
Accusations against the Crispi Ministry.
Fresh offense to the Vatican.
Disastrous war with Abyssinia.
Fall of Crispi.
W. J. Stillman,
The Union of Italy,
chapter 15
(Cambridge: University Press).
The peace made with King Menelek in 1896 ended the Italian
claim to a protectorate over Abyssinia, which seems never to
have had any basis of right. It started from a treaty
negotiated in 1889, known as the Treaty of Uchali, which
purported to be no more than an ordinary settlement of
friendly relations, commercial and political. But the
convention contained a clause which is said to have read in
the Amharic (the court and official language of Abyssinia),
"the King of Abyssinia may make use of the government of the
King of Italy in all matters whereon he may have to treat with
other governments." In the Italian version of the treaty, the
innocent permissive phrase, "may make use," became, it is
said, an obligatory "agrees to make use," &c., and was so
communicated to foreign governments, furnishing grounds for a
claim of "protection" which the Abyssinians rejected
indignantly. Hence the wars which proved disastrous to Italy.
ITALY: A. D. 1897.
Dissolution of the Chamber.
Election of Deputies.
Reconstruction of the Ministry.
{274}
ITALY: A. D. 1898.
Arbitration Treaty with Argentine Republic.
"May 1898 will be remembered for a long time in Italy, and one
may wish that the eventful month may mark the turning-point in
political life of the new kingdom. The revolt was general, the
explosion broke out almost suddenly, but long was the period
of preparation. 'Malcontento' is quite a household word in
Italy—and the Italians had more than one reason to be
dissatisfied with their national government. The rise in the
price of bread, as a consequence of the Hispano-American war,
was the immediate, but by no means the only, cause of the
uprising which darkened the skies of sunny Italy for several
days. The enormous taxation imposed upon a people yet young in
its national life, in order to carry out a policy far too big for
the financial means of the country; the failure in the attempt
to establish a strong colony in the Red Sea; the economic war
with France; the scanty help Italy received from her allies in
time of need; the political corruption, unchecked when not
encouraged by those who stood at the helm of the State; the
impotence of the Chambers of Deputies to deal with the
evil-doers as the claims of justice and the voice of the
people required, all these evils have prepared a propitious
ground for the agitators both of the radical and reactionary
parties.
"The Bread Riots began towards the end of April, and in a few
days they assumed a very alarming aspect, especially in the
small towns of the Neapolitan provinces, inhabited by people
ordinarily pacific and law-abiding. The destruction of
property was wanton and wide-spread, women careless of their
lives leading the men to the assault. In many cases the riots
soon came to an end; in others the immediate abolition of the
'octroi' did not produce the desired effect. … There was no
organization in the Neapolitan provinces; the riots were
absolutely independent of one another, but they were
originated by the same cause—misery; they aimed at the same
object—a loud protest by means of devastation; they all ended
in the same way—viz., after two or three days the soldiers
restored order, the dead were buried, and the ringleaders
taken to prison to be dealt with by the military court. In the
north, at Milan, the uprising was of quite a different
character. In the south of Italy it was truly a question of
bread and bread alone. In Central Italy it was a question of
work, in Lombardy a truly revolutionary movement. The
Neapolitan mob shouted for bread and bread alone, some asking
for cheaper bread, some others for 'free bread.' In Tuscany
the cry was, 'Pane o Lavoro!' (bread or work). In Lombardy
quite another trumpet was sounded: 'Down with the Government!
Down with the Dynasty!'
G. D. Vecchia,
The Revolt in Italy
(Contemporary Review, July, 1898).
{275}
ITALY: A. D. 1899-1900.
Parliamentary disorder, leading to arbitrary government.
Assassination of King Humbert.
ITALY: A. D. 1900.
Military and naval expenditure.
ITALY: A. D. 1900.
Naval strength.
"Of course a few anarchists here and there have rejoiced over
the crime of their comrade; however, I venture to assert that
it is not quite correct to call Italy the hotbed of anarchy.
It is true that many of the most fierce anarchists are Italian
by birth; but anarchism did not originate in Italy, it was
imported there. France and Russia had—under another
name—anarchists long before the name of any Italian was ever
connected with anarchism. … Political education is still in
Italy of very poor quality—truthfully speaking, there is none.
Even the anarchists go elsewhere to perfect their education.
The assassins of Carnot, of the Empress Elizabeth, and of
Canovas, had their political education perfected in Paris or
in London. Italy does not export political murderers, as was
very unkindly said on the occasion of the assassination of the
Empress of Austria. Italy at the worst exports only the rough
material for the making of anarchical murderers. Even the
assassin of King Humbert belongs to this category. He left
Italy with no homicidal mania in him. He was not then a wild
beast with a human face, to make use of an expression uttered
by Signor Saracco, the Premier of Italy. The anarchist clubs
of Paris, London, and New York were his university colleges."
G. D. Vecchia,
The Situation in Italy
(Nineteenth Century Review, September, 1900).
ITALY: A. D. 1901.
Fall of the Saracco Ministry.
Formation of a Liberal Cabinet under Signor Zanardelli.
Census of the kingdom.
----------ITALY: End--------
ITO, Marquis:
Administration and political experiments.
J.
JAMAICA: A. D. 1898.
Industrial condition.
JAMAICA: A. D. 1899.
Financial crisis and conflict between
the Governor and the Legislative Assembly.
{277}
Great Britain,
Parliamentary Publications
(Papers by Command:
Jamaica, 1899 [C.-9412] and 1900 [Cd.-125]).