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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. 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.






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






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






4. 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.






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






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






7. 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.






8. (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






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






10. 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.






11. 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.






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






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






14. 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






15. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court






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






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






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






19. Opinion - privilege - fair comment - truth - constitutional defenses






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






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






22. (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.


23. 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.






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






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






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






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






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






29. 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.






30. Friend of the court.






31. If a quote is altered - in order for a publication to be sued the plaintiff must prove the meaning portrayed in altered quote is dramatically different than the actual quote






32. 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.






33. 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.






34. Anything punishable by more than a year in jail






35. 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






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






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






38. 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.






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






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


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






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






43. No absolute right of access to members of the media. Can be restricted within reason.






44. 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.






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






46. 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.






47. 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.






48. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.


49. Prevents ISPs from liability except on copyright.






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