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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • 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. Reckless disregard for the truth; knowing falsity






2. (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






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






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






5. 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.






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






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






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






9. Prevents ISPs from liability except on copyright.






10. 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






11. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)






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






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






14. Enforced freelancer/copyright actions - and publishers who were doing more than compile the stories had to pay the reporters. Electronic publications (putting it online) makes it a new publication.






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






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






18. 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.






19. 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.






20. Compensatory damages are a proper remedy to avoid the injustice under a promissory estoppel claim.






21. 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.






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






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






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






25. (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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26. In Michigan - there's an absolute right of public to be present during jury selection.






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






28. 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






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






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






31. Publication - identification - defamation - harm and damages






32. Guarantees people the right to be secure in their homes and property against unreasonable searches and seizures. Also protects against the issuance of a warrant without probable cause.






33. 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






34. Failure to obey an order made by the court






35. 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)






36. What is shot in public place is fine - but if there is intrusion on physical solitude it is not protected.






37. Reading of the charges against a person






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






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






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. 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.






42. The press has no greater constitutional right to access penal facilities than any member of the general public






43. 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






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






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






46. Criminal matters anything less than a year in jail






47. 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.






48. 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.






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






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







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