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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. 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.






2. 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.






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






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






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






6. 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






7. 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.






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






9. 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






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






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






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






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






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






15. 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.






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






17. 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.






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






19. 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.






20. No guarantee of immunity for media ride alongs.






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






22. 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.






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






24. Reckless disregard for the truth; knowing falsity






25. 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.






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






27. 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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28. 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






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






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






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






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






33. 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.






34. 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






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






36. Statements of opinion that could be perceived as defamation need to be based on reliable evidence.






37. Written defamation which causes injury to another's reputation






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






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






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






41. (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






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






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






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






45. Civil cases when the amount in dispute is less than $25 -000






46. 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.






47. Criminal matters anything less than a year in jail






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






49. Reading of the charges against a person






50. 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.