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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. Anything punishable by more than a year in jail






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

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






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






5. Publication of private matters that violate ordinary decency - 2. Intrusion on physical solitude - 3. False light - 4. Appropriation of another's likeness for commercial profit - 5. Right to publicity






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






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






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






9. 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.






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






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






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






13. 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.






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






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






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






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






18. 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.






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






20. Criminal matters anything less than a year in jail






21. 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.






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






23. 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.






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






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






26. 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.






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






28. Harm done which the law cannot remedy.






29. 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.






30. 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)






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






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






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






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






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






36. Failure to obey an order made by the court






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






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






39. 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.






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






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






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






43. 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






44. 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.






45. Damages presumed - Falsely accusing someone of a crime - Statements concerning race or political belief - Damaging someone in their business - Ex. calling brain surgeon 'butterfingers'






46. 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.






47. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.






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






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






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







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