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






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






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






4. 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.






5. 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






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






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






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






9. 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






10. Failure to obey an order made by the court






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






12. Friend of the court.






13. 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






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






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






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






18. 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.






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






20. 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.






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






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






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






25. 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.






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






28. 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






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






30. 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.






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






32. Series of pre trail hearings: court created devices to weed out inadmissible evidence prior to trial. Often determine bargaining of prosecution and defendant to come up with plea bargain. Most cases are ended with plea bargain and don't go to trial.






33. 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.






34. Anything punishable by more than a year in jail






35. 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.






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






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






39. 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.






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






41. 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.






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

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43. 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






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






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






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






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






48. Criminal matters anything less than a year in jail






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






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