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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • Match each statement with the correct term.
  • Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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. 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.






2. 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.






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






4. There is a first amendment right of access to the public to cover and attend trials.






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






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






7. (privacy) Ex. Beyonce has a thing of Ocean Spray orange juice. Ocean Spray uses the photo as a marketing campaign. Beyonce could go after them.

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






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






10. Minor errors do not count as actual malice.






11. 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.






12. 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.






13. 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.






14. Guarantees freedoms of speech - religion - press and assembly.






15. Protects all 'persons' from deprivation of life - liberty or property without due process of law.






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






17. Prevents ISPs from liability except on copyright.






18. 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.






19. Reconfirmed that you cannot censor news media and its coverage unless theirs a clear and present danger.






20. Published work of copyrighted material is a violation and isn't protected under Section 107 as 'fair use.'






21. In Michigan - there's an absolute right of public to be present during jury selection.






22. The right to exploit one's name and likeness is personal to the artist and must be exercised - if at all - by him during his lifetime.' This resulted in a loss of inheriting personality rights in California.






23. Publication of private matters that violate ordinary decency - 2. Intrusion on physical solitude - 3. False light - 4. Appropriation of another's likeness for commercial profit - 5. Right to publicity






24. There is liability even if the news organization reports both sides - if the sources are not credible.






25. NYT actual malice standard does not extend to private figures. However - it's up to the states to determine what a private figure is - and there's a new standard that says you have to prove harm and damages.






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






27. Opinion - privilege - fair comment - truth - constitutional defenses






28. (Privacy)a. Very close to libel - If you're a public official/figure you have the actual malice rule - Portraying someone in a lie - Truth is a defense - Consent is a defense - Public newsworthy event is okay






29. A judgment made by the court before or during a trial. This judgment is in repsonse to a motion by the plaintiff or defendant - who claims there is not enough evidence or there is no dispute that the information given is fact.






30. The right of an individual to a speedy trial by an impartial jury - to be informed of the changes against them - to confront witnesses - the right to have compulsory proceedings to obtain witnesses in their favor - and the right to have assistance of






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






32. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.






33. In an invasion of privacy tort - the right an individual has to profit from their likeness - or to prevent others from gaining value for their own commercial benefit






34. If a publication accurately prints something from a false public record document - they cannot be sued for libel.






35. Guarantees people the right to be secure in their homes and property against unreasonable searches and seizures. Also protects against the issuance of a warrant without probable cause.






36. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional






37. Written defamation which causes injury to another's reputation






38. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.






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






40. To claim exemption for investigative records - they must show how disclosure would interfere with proceedings. The burden of proof is on the party claiming exemption.






41. Civil cases when the amount in dispute is less than $25 -000






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






43. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.






44. Have to have an open meeting when interviewing candidates for a public position.






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

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46. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.






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






48. Spoken defamation which causes injury to a person's reputation






49. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies






50. The government cannot censor. In order to exercise prior restraint - the Government must show sufficient evidence that the publication would cause a 'grave and irreparable' danger.







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