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






3. Publication - identification - defamation - harm and damages






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






5. A form of qualified privilege which gives the media the right to publish articles as long as opinions are based on relevent facts. These aretiles include opinion - columns - editorials - book reviews - movie reviews - etc.






6. Friend of the court.






7. 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.






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






9. Anything punishable by more than a year in jail






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






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






12. Any communication - true or false - which exposes a person to hatred - ridicule or contempt. the person's reputation is harmed or damaged






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






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






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






16. 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.






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






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






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






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






22. Reading of the charges against a person






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






25. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.






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






27. 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.






28. 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.






29. 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.






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






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






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






33. 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.






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






35. 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.






36. 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.






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






38. 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






39. 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.






40. 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.






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






42. 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.






43. 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.






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






45. 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.






46. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.






47. 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






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






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






50. 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.