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






2. Prevents ISPs from liability except on copyright.






3. Michigan is in ____ district court in ____ -____






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

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5. Anything punishable by more than a year in jail






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






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






8. 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






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






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






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






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






13. A person vs. a person (corporation can be a person too






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






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






16. 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.






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






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






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






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






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






22. 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.






23. Failure to obey an order made by the court






24. 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.






25. 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.






26. Criminal matters anything less than a year in jail






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






28. Reading of the charges against a person






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






30. 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.






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






32. Written defamation which causes injury to another's reputation






33. 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.






34. 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.






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






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






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






38. 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.






39. 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






40. Spoken defamation which causes injury to a person's reputation






41. Journalists and citizens must first obey court orders first before seeking appeal - even if they believe the order is unconstitutional






42. 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.






43. 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






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






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






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






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






49. 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






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







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