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






2. A proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.






3. 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.






4. Anything punishable by more than a year in jail






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






6. Friend of the court.






7. 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.






8. No guarantee of immunity for media ride alongs.






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






10. (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






11. 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.






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






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






15. 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






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






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






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. 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.






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






21. In the case where a party challenges the underlying facts that support a trial court's decision - the appellate court must defer to the trial court's view of the facts.






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






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






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






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






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






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






28. 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.






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






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






32. Written defamation which causes injury to another's reputation






33. Minor errors do not count as actual malice.






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






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






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






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






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






39. 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.






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






41. No liability for publishing information that was lawfully obtained.






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






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






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






45. 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.






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






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






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






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






50. 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.