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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. Written defamation which causes injury to another's reputation






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






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






4. 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






5. 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.






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






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






8. (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






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






10. 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.






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






12. 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






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






14. Publication - identification - defamation - harm and damages






15. 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.






16. Friend of the court.






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






19. 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






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






21. 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.






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






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






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






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






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






27. 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.






28. Harm done which the law cannot remedy.






29. Police have to disclose incident report records. Do have to keep submitting FOIAs.






30. 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.






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






32. 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.






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






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






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






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






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






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






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






40. (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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41. Minor errors do not count as actual malice.






42. 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.






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






44. Anything punishable by more than a year in jail






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






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






47. 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.






48. 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.






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






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