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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. 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






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






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






4. 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.






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






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






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






8. 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.






9. 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






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






11. 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.






12. 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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13. The right of an individual to a speedy trial by an impartial jury - to be informed of the changes against them - to confront witnesses - the right to have compulsory proceedings to obtain witnesses in their favor - and the right to have assistance of






14. 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.






15. Criminal matters anything less than a year in jail






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






17. 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.






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






19. 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.






20. 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.






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






22. 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.






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






24. Minor errors do not count as actual malice.






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






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






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






28. Publication - identification - defamation - harm and damages






29. 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.






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






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






32. 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






33. Guarantees freedoms of speech - religion - press and assembly.






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






35. 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.






36. A decision of a court that is recognized as an authority in deciding cases which deal with similar or identical questions of law.






37. 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.






38. 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.






39. Spoken defamation which causes injury to a person's reputation






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






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






42. 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






43. 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






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






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






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






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






48. 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.






49. 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.






50. Harm done which the law cannot remedy.