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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • Match each statement with the correct term.
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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. 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.






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. 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






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






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






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






7. Friend of the court.






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






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






10. 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.






11. 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.






12. 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.






13. 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






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






15. 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.






16. Minor errors do not count as actual malice.






17. 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






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






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






20. To claim exemption for investigative records - they must show how disclosure would interfere with proceedings. The burden of proof is on the party claiming exemption.






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






22. 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.






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






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






25. 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.






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






27. 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.






28. Institutes procedures to ensure every citizen has the right to access government documents - as well as the right to inspect and receive copies of records from state and local government bodies.






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






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






31. 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.






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






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






34. 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.






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






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






38. 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.






39. Reckless disregard for the truth; knowing falsity






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






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






42. 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






43. A court order preventing a person or group from doing or continuing to do a specific act.






44. 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.






45. 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






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






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






48. An order issued by the court to prevent attorneys and witnesses from discussing the case outside the courtroom - or reporters from publishing information obtained during a court proceeding.






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






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







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