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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • 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. For the purpose of defamation - a person who does not have regular - continuing access to the media - or on matters of public controversy. These individuals have a lesser burden of proof under most state libel laws.






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






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






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






5. 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.






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






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






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






9. Criminal matters anything less than a year in jail






10. 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.






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






12. 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.






13. 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.






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






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






16. (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






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






18. 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.






19. 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.






20. 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






21. Harm done which the law cannot remedy.






22. 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.






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






24. Reading of the charges against a person






25. 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.






26. Minor errors do not count as actual malice.






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






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






29. 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.






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






31. 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






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






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






34. 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






35. (Privacy) Ex. Kim Kardashian's sex tape






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






37. 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.






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






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






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






41. 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.






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






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






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






45. 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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46. 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.






47. A court created device to weed out inadmissible evidence in advance of trial






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






49. No guarantee of immunity for media ride alongs.






50. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.