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






2. 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.






3. There is a first amendment right of access to the public to cover and attend trials.






4. 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






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






6. 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.






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






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






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






11. Criminal matters anything less than a year in jail






12. 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.






13. 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.






14. 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.






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






16. 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.






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






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






19. 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.






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






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






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






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






24. 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.






25. Reading of the charges against a person






26. 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.






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






28. 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.






29. 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.






30. 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.






31. 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.






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






33. 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






34. Publication - identification - defamation - harm and damages






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






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






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






38. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage






39. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.






40. 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.






41. Permission given by SCOTUS to allow a case to be appealed






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






43. No guarantee of immunity for media ride alongs.






44. Police have to disclose incident report records. Do have to keep submitting FOIAs.






45. If you obtain material from a third party illegally - media are still protected and can publish.






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






47. 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






48. 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.






49. 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.






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