BSJ Bachelor of Journalism: Ethics and Legal Principles 2 — Questions and Answers
Question 1: A reporter promises confidentiality to a source, but a judge subpoenas the source's identity. What legal doctrine may protect the journalist?
- Attorney-client privilege
- Shield law (Correct answer)
- The First Amendment's absolute press freedom
- The Fifth Amendment right against self-incrimination
Correct answer: Shield law
Shield laws, enacted in many states, provide reporters with a privilege to refuse disclosing confidential sources in legal proceedings.
Question 2: Which of the following best describes the concept of 'actual malice' as defined in New York Times Co. v. Sullivan (1964)?
- Publishing a story out of personal hatred for the subject
- Publishing with knowledge of falsity or reckless disregard for the truth (Correct answer)
- Publishing embarrassing information about a public figure
- Publishing without editorial review
Correct answer: Publishing with knowledge of falsity or reckless disregard for the truth
Actual malice requires proof that the defendant knew the statement was false or acted with reckless disregard of its truth or falsity.
Question 3: A journalist secretly records a phone call with a source in a two-party consent state without the source's knowledge. This action likely violates:
- The Freedom of Information Act
- Wiretapping laws requiring all parties' consent (Correct answer)
- The Privacy Act of 1974
- The Espionage Act
Correct answer: Wiretapping laws requiring all parties' consent
Two-party (or all-party) consent states require all participants in a conversation to agree to being recorded, making secret recording illegal.
Question 4: The Society of Professional Journalists (SPJ) Code of Ethics is best characterized as:
- A legally binding set of rules enforceable by federal courts
- A voluntary set of principles journalists are encouraged to follow (Correct answer)
- A government-mandated licensing requirement
- A contractual obligation for SPJ members
Correct answer: A voluntary set of principles journalists are encouraged to follow
The SPJ Code of Ethics is a voluntary framework offering guidance on principles like truth-telling, minimizing harm, and acting independently.
Question 5: Under U.S. copyright law, when a journalist wants to quote extensively from a copyrighted book for a news article, the primary defense available is:
- Public domain
- The Freedom of Information Act
- Fair use (Correct answer)
- Creative Commons licensing
Correct answer: Fair use
Fair use permits limited use of copyrighted material for purposes such as news reporting, criticism, and commentary without requiring permission.
Question 6: A reporter discovers that a city councilmember committed a minor drug offense 20 years ago, long before entering politics. Publishing this information would primarily raise which ethical concern?
- Accuracy and verification
- Minimizing harm versus newsworthiness (Correct answer)
- Protecting intellectual property
- Avoiding conflicts of interest
Correct answer: Minimizing harm versus newsworthiness
Journalists must weigh whether old, private information about a public figure is sufficiently newsworthy to justify the harm its publication may cause.
Question 7: Which U.S. federal law gives citizens the right to request and obtain records from federal government agencies?
- The Privacy Act of 1974
- The Freedom of Information Act (FOIA) (Correct answer)
- The Sunshine Act
- The Federal Records Act
Correct answer: The Freedom of Information Act (FOIA)
FOIA, enacted in 1966, grants the public the right to request access to records held by federal executive branch agencies.
BSJ Bachelor of Journalism: Ethics and Legal Principles 2
A reporter promises confidentiality to a source, but a judge subpoenas the source's identity.
What legal doctrine may protect the journalist?