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






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






4. Prevents ISPs from liability except on copyright.






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






6. (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






7. 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






8. 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.






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






10. Under the language of the statute - these media representatives are not subject to an investigative subpoena.






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






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






13. Incidental use of someone's image cold be an invasion of privacy or defamation.






14. 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.






15. 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.






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






17. Failure to obey an order made by the court






18. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies






19. 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.






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






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






22. 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.






23. NYT actual malice standard does not extend to private figures. However - it's up to the states to determine what a private figure is - and there's a new standard that says you have to prove harm and damages.






24. 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.






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






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






27. The power of authority of a particular court to hear and adjudicate matters in dispute






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






29. 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.






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






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






32. 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.






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






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






35. 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






36. Publication - identification - defamation - harm and damages






37. 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






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






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






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. 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.






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






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






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. 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.






46. Anything punishable by more than a year in jail






47. 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.






48. 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.






49. 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.






50. 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.