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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
  • If you are not ready to take this test, you can study here.
  • 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. If you get the information from outside sources - you can publish it. MCL 750.520k does not constitute an unlawful prior restraint on publication. Rather - the statute directs that the court file be withheld from the public






2. 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.






3. 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.






4. 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






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






6. First Amendment protects media to report information from official records available in open court.






7. 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.






8. 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.






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






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






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






12. Newspaper must have known material falsity - material falsity became standard of proof in Michigan.






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






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






15. 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






16. 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






17. No guarantee of immunity for media ride alongs.






18. If the information is lawfully obtained - the defendant can't be held in contempt of court.






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






20. For the purpose of defamation - a person who does not have regular - continuing access to the media - or on matters of public controversy. These individuals have a lesser burden of proof under most state libel laws.






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






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






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






24. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating it is lewd - indecent or offensive - or have legitimate pedagogical concerns.






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






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






27. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.






28. Reading of the charges against a person






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






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






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






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






33. 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.






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






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






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






37. 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.






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






39. Failure to obey an order made by the court






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






41. If a statement 'results in a material change in the meaning conveyed by the statement -' the person who says it can be sued for libel.






42. (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






43. 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.






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






45. 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






46. 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.






47. 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.






48. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.






49. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.






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