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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. 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.






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






3. (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






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






5. 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.






6. 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.






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






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






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






10. (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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11. 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.






12. 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






13. 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.






14. 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.






15. 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.






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






17. Reporters have no greater rights than any other citizen - there is no reporter shield from grand jury testifying. If you're attempting to harass - then reporters are protected and do not have to testify.






18. 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.






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






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






23. 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.






24. 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.






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






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






28. The right to exploit one's name and likeness is personal to the artist and must be exercised - if at all - by him during his lifetime.' This resulted in a loss of inheriting personality rights in California.






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






30. The OMA does not allow public bodies to bypass the law by closing meetings or doing round robin phone calls. universities are not exempt from FOIA in cases of public records.






31. If you obtain material from a third party illegally - media are still protected and can publish.






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






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






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






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






36. Harm done which the law cannot remedy.






37. 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






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






39. Even though university foundations are privately incorporated - they might be subject to comply with FOIA and OMA if the majority of funding comes from the university.






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






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






43. A court created device to weed out inadmissible evidence in advance of trial






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






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






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






47. Friend of the court.






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






49. 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






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