MMC4200 EXAM 3_ Final Review Quiz With Correct Questions and Answers 100% A+

MMC4200 EXAM 3_ Final Review Quiz With Correct Questions and Answers 100% A+ What is a subpoena? - CORRECT ANSWER-A court order requiring someone to appear in court. How does a subpoena differ from a search warrant? - CORRECT ANSWER-Subpoena: provide the press with notice prior to the search and allow editors and reporters to challenge the issuance of it. Warrant: Unannounced There is reason to believe that giving a subpoena would result in the destruction, alteration or concealment of such materials. That such materials have not been provided in response to a court order directing compliance with a subpoena. (433) What options do reporters have when served with a subpoena? - CORRECT ANSWER-Cooperate and reveal what it is they want to know. Seek subpoena withdrawal Attack the order in court If you breach a promise of confidentiality given to a source by revealing and disclosing that sources's name in court, to a grand jury or by simply publishing it in the media, then you can be sued in a civil law proceeding for monetary damages on a theory known as ___ - CORRECT ANSWER-promissory estoppel Cohen v. Cowles Media, - CORRECT ANSWER-The First Amendment does not prevent a lawsuit against a journalist who breaches a promise of confidentiality to a source when the source suffers direct harm from the breached promise. What does a plaintiff have to demonstrate promissory estoppel cases? - CORRECT ANSWER-that the defendant made a clear and definite promise to the plaintiff; that the defendant intended to induce the plaintiff's reliance on that promise; that the plaintiff, in fact, reasonably relied on that promise to his or her detriment and harm; and that the promise must be enforced by the court in the interests of justice to the plaintiff. What are the tips for reporters when dealing with instances of confidentiality? - CORRECT ANSWER-Do not routinely promise confidentiality as a standard Avoid giving absolute promise of confidentiality Do not rely exclusively on information from a confidential source Consider if others (police, attorneys) will want to know the identity of the source Branzburg v. Hayes - CORRECT ANSWER-No privilege under the 1st Amendment for journalist to refuse to reveal the names of confidential sources or other information when called to testify before a grand jury. Why did the court reject the privilege in Branzburg v. Hayes? - CORRECT ANSWER-Court declined to treat reporters differently from all other citizens who are compelled to give evidence of criminal activity. What did the court say about creating state privileges for journalists in Branzburg v. Hayes? - CORRECT ANSWER-Qualified not absolute protection Can a court require a journalist to reveal a source? - CORRECT ANSWER-No, but it can be held in contempt of court Under what circumstances can a court require a journalist to reveal a source? Is it most likely in terms of the type of case (e.g. civil, criminal, grand juries) and importance of the journalist's source? - CORRECT ANSWER-Civil Lawsuit, Criminal Case and Grand Jury (Most likely to least likely to recognize the reporters right to refuse to testify) How did the 3rd U.S. Circuit Court of Appeals define a journalist in applying privilege? - CORRECT ANSWER-One: who engages in investigative reporting, who gathers news, and who possesses the intent at the beginning of the news-gathering process to disseminate this news to the public" What is a shield law? - CORRECT ANSWER-A journalist's limited privilege to refuse to testify in legal proceedings.