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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • 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 a publication accurately prints something from a false public record document - they cannot be sued for libel.






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






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






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

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6. 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






7. 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.






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






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






10. Publication - identification - defamation - harm and damages






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






12. 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






13. 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






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






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






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






17. 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.






18. 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.






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






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






21. 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






22. 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






23. Innocent and negligent misstatement in a newspaper are protected under constitutional freedoms of speech and press.






24. Prevents ISPs from liability except on copyright.






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






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






27. Criminal matters anything less than a year in jail






28. 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.






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






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






31. 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.






32. 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.






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






34. 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)






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






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






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






38. 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.






39. 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.






40. 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.






41. 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.






42. 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.






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






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






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






46. 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






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






48. Failure to obey an order made by the court






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






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







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