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






2. 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.






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






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






5. The media must make sure that permission is acquired in commercial situations.






6. Minor errors do not count as actual malice.






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






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






9. Prevents ISPs from liability except on copyright.






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






11. 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.






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






13. 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.






14. 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.






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






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






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






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






19. Friend of the court.






20. 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






21. 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.






22. 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.






23. 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






24. 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.






25. 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.






26. (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






27. Anything punishable by more than a year in jail






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






29. Reckless disregard for the truth; knowing falsity






30. In an invasion of privacy tort - an action that characterizes a person falsely. Often the person is misrepresented by quoting out of context - the careless use of photos or cutlines - or by using a picture from one story as a picture for another.






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






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

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






34. 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






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. 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.






37. For purposes of divorce - there may be some elements of a public person's private life that make them a private figure.






38. An invasion of privacy tort which occurs when information about a person's private life is published - and there is not relevant newsworthy tie.






39. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.






40. 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.






41. 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.






42. 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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43. 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.






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






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






46. 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.






47. 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






48. Criminal matters anything less than a year in jail






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






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







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