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






2. 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.






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






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






5. No guarantee of immunity for media ride alongs.






6. 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.






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






8. 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.






9. 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.






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






11. 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






12. Friend of the court.






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






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






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






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






17. US Supreme court allows inquiry into a reporters state of mind when making decisions about what to include and what not to include.






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






19. 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.






20. 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






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






22. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)






23. 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.






24. 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.






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






26. 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.






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






28. 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.






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






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






31. Broadcasters are immune from liability if political candidates defame someone while under section 315






32. Reckless disregard for the truth; knowing falsity






33. 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.






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






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






36. 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






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






38. (privacy) There are areas around you that are a 'zone of privacy'






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






40. 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.






41. 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.






42. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.






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






44. Michigan statute M.C.L.A. 750.520k violated the First - Fifth - and Fourteenth Amendments






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






46. (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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47. 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.






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






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






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