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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. 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.






2. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.






3. The media must make sure that permission is acquired in commercial situations.






4. 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.






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






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






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






8. Words that may be innocent on face - but facts make story damaging






9. 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






10. Publication - identification - defamation - harm and damages






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






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






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






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






15. 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.






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






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






18. Reckless disregard for the truth; knowing falsity






19. A court order preventing a person or group from doing or continuing to do a specific act.






20. Under the language of the statute - these media representatives are not subject to an investigative subpoena.






21. Friend of the court.






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






23. First Amendment protects even false statements about the conduct of public officials except when statements are made with knowledge that they are false or in reckless disregard of their truth or falsity. (actual malice)






24. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court






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






26. (privacy) There are areas around you that are a 'zone of privacy'






27. 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.






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






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






30. 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.






31. A proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.






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






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






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






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






36. 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.






37. 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






38. Reading of the charges against a person






39. Limited decision. Closure of preliminary hearing is unconstitutional in California because they act as mini trials to ensure defendants right to a fair trial. Unique to that state however.






40. Criminal matters anything less than a year in jail






41. Broadcasters are immune from liability if political candidates defame someone while under section 315






42. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.






43. 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.






44. 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.






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






46. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.






47. 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.






48. 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






49. A person vs. a person (corporation can be a person too






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







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