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Journalism Law

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

2. 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.

3. If you knowingly run ads that advocate criminal activity - you can be held liable. Got off on the first case - but on the second case they should have known better.

4. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.

5. 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.

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

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. Reckless disregard for the truth; knowing falsity

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

10. 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.

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

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

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

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

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

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

17. Publication - identification - defamation - harm and damages

18. If a quote is altered - in order for a publication to be sued the plaintiff must prove the meaning portrayed in altered quote is dramatically different than the actual quote

19. Criminal matters anything less than a year in jail

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

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

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

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

24. 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.

25. 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.

26. 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.

27. 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.

28. An order issued by the court to prevent attorneys and witnesses from discussing the case outside the courtroom - or reporters from publishing information obtained during a court proceeding.

29. 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.

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

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

32. 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

33. The burden of proof imposed on public officials extends to anyone involved in a matter of public concern - regardless of whether they were famous or unknown.

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

35. 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.

36. 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)

37. 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

38. Prevents ISPs from liability except on copyright.

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

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

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

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

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

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

46. 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.

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

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

49. Minor errors do not count as actual malice.

50. 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.