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






2. 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.






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

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






5. 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.






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






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






8. 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.






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






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






11. (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






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






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






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






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






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






17. The press has no greater constitutional right to access penal facilities than any member of the general public






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






19. In Michigan - there's an absolute right of public to be present during jury selection.






20. Minor errors do not count as actual malice.






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






22. 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.






23. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.






24. 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.






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






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






27. Criminal matters anything less than a year in jail






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






29. 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.






30. Under FOIA - personell records may be released - subject to 'appropriate redactions.'






31. 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






32. 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.






33. 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






34. Prevents ISPs from liability except on copyright.






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






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






37. A court order preventing a person or group from doing or continuing to do a specific act.






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






39. 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.






40. 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.






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






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






43. Failure to obey an order made by the court






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






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






46. 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.






47. 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






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






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






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