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MEJO 340 FINAL EXAM QUESTIONS AND ANSWERS 2023
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MEJO 340 FINAL EXAM QUESTIONS AND ANSWERS 2023
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MEJO 340 FINAL EXAM QUESTIONSAND ANSWERS 2023
What is intentional infliction of emotional distress? It is a _____ _____. - answer severe
emotional harm or deliberate or reckless conduct that is outrageous and extreme, determined
by a jury (Hustler v. Falwell)
Publication tort
What is negligent infliction of emotional distress? It is a ______ _______. - answer when the
media expose individuals to dangers that the media should have reasonably foreseen (rushing
into traffic, drink as much water as you can)
Publication tort
What are the types of newsgathering torts? - answer Intrusion
Trespassing
Surveillance
What is intrusion? - answer One who intentionally intrudes, physically or otherwise, upon the
solitude or seclusion of another or his private affairs or concerns, is subject to liability to the
other for invasion of his privacy, decided by a jury, if the intrusion would be highly offensive to a
reasonable person
What is trespassing? - answer Cases revolve around whether there was a reasonable
expectation of privacy
Can you go onto private property without the consent of the owner? What type of
newsgathering tort is this? - answer You cannot go onto private property without the consent of
the owner
,You cannot exceed the consent granted by the property owner - if they agree to talk in the living
room, you cannot go into the bedroom
Law enforcement personnel generally should not take you onto private property (4th
amendment violation by police, "ride along cases," Wilson v. Layne)
Cyberstalking, cyber harassment, cyberbullying
Trespassing
What is surveillance? - answer Cases involve eavesdropping, using telephoto lenses, hidden
tape recorders, hounding people
How do state and federal law react to surveillance? What doesn't North Carolina or federal law
prohibit? Do state laws vary? - answer State and federal law prohibit the interception,
surveillance or recording of telephone conversations by third parties, neither NC law nor federal
law prohibits your recording a telephone conversation if you are a participant -- unless the
recording is made with malicious, criminal or tortious intent that violates the constitution or
other laws of the state or country
State laws on recording vary, some states say both parties have to be aware, some say only one
participant has to be aware/consent -- ethically, just good practice to tell people when you're
recording someone
What is wiretapping? When is it illegal? - answer ALWAYS illegal, wiretapping -- a third party,
someone not in the conversation, recording without the participants knowing
Convo between A & B, if C tapes conversation without A & B knowing, that's called wiretapping
Illegal unless you have warrant (court)
What is in the cyberbullying privacy statute? - answer What's unlawful for a person to do in
terms of building fake profile, intimidating or threatening user
, With regards to surveillance, what kind of state is North Carolina? What is the example of this?
What is the different with broadcast? - answer Convo between Person A and Person B, ***NC is
a one-party consent state
Person A can record Person B without permission
What A does with information matters
In broadcast, it's federal law that both parties need consent (FCC)
What is Bartnicki v. Vopper? - answer Last time we had newsgathering media law case in
Supreme Court
Unidentified person intercepted and recorded phone call between chief union negotiator and
union president during collective bargaining
Radio plays it
Claim for wiretapping
First Amendment protects the disclosure of illegally intercepted communications by parties who
did not participate in the illegal interception
Matter of public concern
What is Glik v. Cunniffe? - answer Filming of police doing their jobs is a permissible recording
activity in public places
Crossing tape lines or going past reasonable time, place, manner restrictions can be problematic
What is the one federal law that prevents upskirting? - answer Video Voyeurism Act of 2004
What are the defenses to surveillance? - answer 1. Newsgathering took place in public place
2. Consent
3. Bartnicki v. Vopper says if you come into possession of recording that has significant public
concern, you are protected
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