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






2. 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.






3. (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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4. Publication - identification - defamation - harm and damages






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






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






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






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






9. 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.






10. 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.






11. Anything punishable by more than a year in jail






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






13. 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






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






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






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






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






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






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






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






21. Institutes procedures to ensure every citizen has the right to access government documents - as well as the right to inspect and receive copies of records from state and local government bodies.






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






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






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






25. 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.






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






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






28. 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






29. 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.






30. 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.






31. 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






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






33. Prevents ISPs from liability except on copyright.






34. No absolute right of access to members of the media. Can be restricted within reason.






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






36. 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.






37. If a quote is altered - in order for a publication to be sued the plaintiff must prove the meaning portrayed in altered quote is dramatically different than the actual quote






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






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






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






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. 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.






43. 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.






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






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






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






47. 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)






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






50. 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.