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Journalism Law

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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. 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.

2. 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.

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

4. 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

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

6. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.

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

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

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

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

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

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

13. Words that may be innocent on face - but facts make story damaging

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

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

16. The government cannot censor. In order to exercise prior restraint - the Government must show sufficient evidence that the publication would cause a 'grave and irreparable' danger.

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

18. 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.

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

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

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

22. Undercover efforts by news organizations could be prosecuted not for defamation - but possibly for things like breach of duty or loyalty.

23. 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.

24. Upon the request of the counsel or the victim - you can order that the names of the victim and actor and details of the alleged offense be suppressed until such time as the actor is arraigned - the charge is dismissed - or the case is otherwise concl

25. Prevents ISPs from liability except on copyright.

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

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

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

29. A reporter has a qualified privilege to report on controversial matters of public interest using reputable sources.

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. 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.

32. Publication - identification - defamation - harm and damages

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

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

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

36. A judgment made by the court before or during a trial. This judgment is in repsonse to a motion by the plaintiff or defendant - who claims there is not enough evidence or there is no dispute that the information given is fact.

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

38. Failure to obey an order made by the court

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

40. Minor errors do not count as actual malice.

41. Reckless disregard for the truth; knowing falsity

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

43. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.

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

45. 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.

46. 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.

47. in an invasion of privacy tort - an action which occurs when an individual's expectation of privacy or right to be left alone is breached. EX. A reporter lies about his identity to gain access to information they couldn't under normal conditions.

48. Criminal matters anything less than a year in jail

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

50. 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