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Journalism Law

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  • Answer 50 questions in 15 minutes.
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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. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies






2. If you obtain material from a third party illegally - media are still protected and can publish.






3. 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






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






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






6. 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.






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






8. Opinion - privilege - fair comment - truth - constitutional defenses






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






10. Harm done which the law cannot remedy.






11. No liability for publishing information that was lawfully obtained.






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






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






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






15. Publication - identification - defamation - harm and damages






16. 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.






17. 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.






18. 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.






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






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






21. 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






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






23. 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.






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






25. 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.






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






27. 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.






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






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






30. 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.






31. 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.






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






33. Reading of the charges against a person






34. A proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.






35. Friend of the court.






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






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






38. 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






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






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






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






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






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






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






45. Criminal matters anything less than a year in jail






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






47. Prevents ISPs from liability except on copyright.






48. (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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49. 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.






50. If a publication accurately prints something from a false public record document - they cannot be sued for libel.







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