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






2. 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.






3. 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.






4. 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.






5. 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.






6. 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.






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






8. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)






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






10. 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.






11. Enforced freelancer/copyright actions - and publishers who were doing more than compile the stories had to pay the reporters. Electronic publications (putting it online) makes it a new publication.






12. Newspapers do not have an equal time requirement like broadcast has.






13. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.






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






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






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






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






18. Friend of the court.






19. 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.






20. Anything punishable by more than a year in jail






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






22. (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






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






24. Prevents ISPs from liability except on copyright.






25. If an ongoing - criminal investigation is actively underway - discretion may be used under the exemption claim in FOIA to withhold some documents.






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






27. 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






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






29. 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.






30. 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.






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






32. Criminal matters anything less than a year in jail






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






34. As long as speech was about a public official (figure) could not reasonably be construed to state actual facts about its subject - it is protected by the first amendment.






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






36. 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.






37. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.

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38. in an invasion of privacy tort - an action which occurs when an individual's expectation of privacy or right to be left alone is breached. EX. A reporter lies about his identity to gain access to information they couldn't under normal conditions.






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






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






41. 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.






42. 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






43. 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.






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






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






46. Requires certain information held by various federal and state agencies to be made available to the public unless the information falls under one of the exemptions.






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






48. 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






49. 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.






50. 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.







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