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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • Match each statement with the correct term.
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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. Truth is only a defense in privacy cases when it's in a case of _______






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






3. Set the standard in MI that negligence is needed to prove libel - as the legislature had not acted.






4. 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.






5. As long as speech was about a public official (figure) could not reasonably be construed to state actual facts about its subject - it is protected by the first amendment.






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






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






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






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






10. Judge has an absolute duty to ensure fair trial rights. Judge must be able to control what's going on in the courtroom.






11. 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.






12. 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






13. Failure to obey an order made by the court






14. Harm done which the law cannot remedy.






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






16. 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.






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






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






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






20. 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.






21. 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.






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






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






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






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






26. 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.






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






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






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






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






32. 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.






33. First Amendment protects even false statements about the conduct of public officials except when statements are made with knowledge that they are false or in reckless disregard of their truth or falsity. (actual malice)






34. 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.






35. Publication - identification - defamation - harm and damages






36. (privacy) There are areas around you that are a 'zone of privacy'






37. 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.






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






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






40. 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.






41. No guarantee of immunity for media ride alongs.






42. 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.






43. If a statement 'results in a material change in the meaning conveyed by the statement -' the person who says it can be sued for libel.






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






45. Reading of the charges against a person






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






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






48. 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.






49. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law






50. The First Amendment protects college students' freedom of expression - and the Hazelwood case should not be applied to college media.







Sorry!:) No result found.

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