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Journalism Law

  • Answer 50 questions in 15 minutes.
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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. 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.

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

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

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

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

6. 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.

7. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies

8. 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.

9. The power of authority of a particular court to hear and adjudicate matters in dispute

10. 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.

11. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating an educational purpose.

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

13. 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.

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

15. 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.

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

17. 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.

18. 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.

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

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

21. 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)

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

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

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

25. 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.

26. 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.

27. 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

28. 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

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

30. Money damages awarded to the injured party as compensation for a specific loss

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

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

33. 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.

34. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.

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

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

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

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

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

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

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

42. 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.

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

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

45. 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.

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

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

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

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

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