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






2. 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






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






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






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






6. 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.






7. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.






8. Recognized first amendment right of privacy for private figures against media.






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






10. 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.






11. Permission given by SCOTUS to allow a case to be appealed






12. 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






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






14. Minor errors do not count as actual malice.






15. 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






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






17. There is a First amendment right of access to trials

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18. 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.






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






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






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






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






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






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






26. 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.






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






28. 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.






29. (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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30. 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.






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






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






33. Reading of the charges against a person






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






35. 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.






36. 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.






37. 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






38. 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.






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






40. 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.






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






42. (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






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






44. 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.






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






46. 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.






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






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






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






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