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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. 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






2. 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.






3. 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.






4. Anything punishable by more than a year in jail






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






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






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. 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.






9. Failure to obey an order made by the court






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






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






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






13. 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.






14. Only in Massachusetts - you can close a preliminary hearing if the case is a sexual assault case.






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






17. Prevents ISPs from liability except on copyright.






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






19. 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.






20. 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.






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






22. 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)






23. 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.






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






25. 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.






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






27. 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.






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






29. 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.






30. 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






31. 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.






32. (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






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






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






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






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






38. Publication - identification - defamation - harm and damages






39. Reckless disregard for the truth; knowing falsity






40. 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.






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






42. 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.






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






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






45. Friend of the court.






46. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.






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






48. 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






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






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