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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. Prevents ISPs from liability except on copyright.






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






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






4. 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.






5. 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






6. 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.






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






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






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






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






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






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






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






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






15. 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.






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. 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.






18. 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.






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






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






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






22. 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.






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






24. 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.






25. 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.






26. 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






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






28. 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.






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






30. 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.






31. 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






32. (Privacy) Ex. Kim Kardashian's sex tape






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






34. No guarantee of immunity for media ride alongs.






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






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






39. Minor errors do not count as actual malice.






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






41. 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.






42. 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.






43. No liability for publishing information that was lawfully obtained.






44. 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.






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






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






47. 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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48. (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






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






50. Reading of the charges against a person







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