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Journalism Law

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  • Answer 50 questions in 15 minutes.
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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. 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.






2. Qualified privilege allows newspapers to report on both sides of a story as long as the sources are qualified. Created doctrine of neutral reportage






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






4. Michigan is in ____ district court in ____ -____






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

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6. 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.






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






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






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






10. Anything punishable by more than a year in jail






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






12. 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.






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






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






15. 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.






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. 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






18. Publication - identification - defamation - harm and damages






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






20. 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.






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






22. 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.






23. 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.






24. (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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25. 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.






26. 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






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






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






29. Criminal matters anything less than a year in jail






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






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






32. Reading of the charges against a person






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






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






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






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






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






38. Reckless disregard for the truth; knowing falsity






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






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






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






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






43. Harm done which the law cannot remedy.






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






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






46. 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






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






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






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






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







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