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






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






3. 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.






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






5. 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.






6. No guarantee of immunity for media ride alongs.






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






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






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






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






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






13. 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






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






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






16. 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.






17. 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.






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






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






20. 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






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






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






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






25. 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.






26. (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






27. Criminal matters anything less than a year in jail






28. Harm done which the law cannot remedy.






29. 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.






30. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.






31. Publication - identification - defamation - harm and damages






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. 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.






34. Institutes procedures to ensure every citizen has the right to access government documents - as well as the right to inspect and receive copies of records from state and local government bodies.






35. 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.






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






37. 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.






38. 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






39. 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.






40. 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.






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






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






43. 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.






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






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






46. 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.






47. 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.






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






49. 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.






50. Minor errors do not count as actual malice.