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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • Match each statement with the correct term.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. When you have a private figure plaintiff - even though state standards controls - if it's a matter of public concern - the burden of proof shifts from the defendant who no longer has to prove truth - to the plaintiff who has to prove falsity of what






2. (Privacy) Ex. Kim Kardashian's sex tape






3. Permission given by SCOTUS to allow a case to be appealed






4. Reading of the charges against a person






5. Incidental use of someone's image cold be an invasion of privacy or defamation.






6. Truth is only a defense in privacy cases when it's in a case of _______






7. Failure to obey an order made by the court






8. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.






9. The power of authority of a particular court to hear and adjudicate matters in dispute






10. Reporters have no greater rights than any other citizen - there is no reporter shield from grand jury testifying. If you're attempting to harass - then reporters are protected and do not have to testify.






11. In Michigan - booking photos are available to the public.






12. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.






13. For presidential searches - MI supreme court ruled universities are 4th arm of government - and must conduct search in public.






14. Michigan court trials have to remain open. Parts can be closed - but never all of the trial. M.C.L.A 750.520k only applies to pre-trial hearings.






15. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law






16. Series of pre trail hearings: court created devices to weed out inadmissible evidence prior to trial. Often determine bargaining of prosecution and defendant to come up with plea bargain. Most cases are ended with plea bargain and don't go to trial.






17. Recognized first amendment right of privacy for private figures against media.






18. No liability for publishing information that was lawfully obtained.






19. The OMA does not allow public bodies to bypass the law by closing meetings or doing round robin phone calls. universities are not exempt from FOIA in cases of public records.






20. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.






21. Prevents ISPs from liability except on copyright.






22. School officials can prohibit students from displaying messages that promote illegal drug use.






23. 3rd party has no obligation to notify media when there's been a government subpoena of phone records. Also includes any form of electronic communication.






24. Anything punishable by more than a year in jail






25. Money damages awarded to the injured party as compensation for a specific loss






26. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.






27. The press has no greater constitutional right to access penal facilities than any member of the general public






28. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'






29. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged






30. NYT actual malice rule is extended form just public officials to include public figures






31. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.






32. The Sixth Amendment rights of a defendant outweigh the First Amendment of the press in cases where the press can have prejudicial outcome of the defendant's trial.






33. No absolute right of access to members of the media. Can be restricted within reason.






34. For purposes of defamation - a person who has thrust themself into the spotlight and has the power to gain media publicity. these individuals must prove actual malice to prevail in a libel suit






35. Michigan is in ____ district court in ____ -____






36. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments






37. In the case where a party challenges the underlying facts that support a trial court's decision - the appellate court must defer to the trial court's view of the facts.






38. No guarantee of immunity for media ride alongs.






39. This protects the media from liability of defamatory statements made during official proceedings. The published story must be a fair and accurate account of what happened.






40. A court created device to weed out inadmissible evidence in advance of trial






41. Upon the request of the counsel or the victim - you can order that the names of the victim and actor and details of the alleged offense be suppressed until such time as the actor is arraigned - the charge is dismissed - or the case is otherwise concl






42. In an invasion of privacy tort - an action that characterizes a person falsely. Often the person is misrepresented by quoting out of context - the careless use of photos or cutlines - or by using a picture from one story as a picture for another.






43. The declaration of a final judgment based on the evidence presented






44. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating an educational purpose.






45. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements






46. A form of qualified privilege which gives the media the right to publish articles as long as opinions are based on relevent facts. These aretiles include opinion - columns - editorials - book reviews - movie reviews - etc.






47. The speech and debate clause only covers members of congress within the halls of congress - not outside of it. I.E. press releases - speeches - etc.






48. Under FOIA - personell records may be released - subject to 'appropriate redactions.'






49. There is a First amendment right of access to trials

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50. Even though university foundations are privately incorporated - they might be subject to comply with FOIA and OMA if the majority of funding comes from the university.







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