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






2. 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.






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






4. 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.






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






6. Reckless disregard for the truth; knowing falsity






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






8. To claim exemption for investigative records - they must show how disclosure would interfere with proceedings. The burden of proof is on the party claiming exemption.






9. 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.






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






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






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






13. 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






14. (privacy) Ex. Beyonce has a thing of Ocean Spray orange juice. Ocean Spray uses the photo as a marketing campaign. Beyonce could go after them.

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15. First Amendment protects even false statements about the conduct of public officials except when statements are made with knowledge that they are false or in reckless disregard of their truth or falsity. (actual malice)






16. 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






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






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






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






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

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






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






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. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.






25. 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






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






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






28. No guarantee of immunity for media ride alongs.






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






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






31. 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.






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






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






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






35. Prevents ISPs from liability except on copyright.






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






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






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






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






40. Minor errors do not count as actual malice.






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






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






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






44. Michigan is in ____ district court in ____ -____






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






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. 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.






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






49. The declaration of a final judgment based on the evidence presented






50. 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