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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. 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.






2. 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






3. 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.






4. Friend of the court.






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






6. 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.






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. 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.






9. 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






10. No guarantee of immunity for media ride alongs.






11. 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.






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






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






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






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






18. 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






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






20. Publication - identification - defamation - harm and damages






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






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






23. 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.






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






25. 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.






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






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






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






29. 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.






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






31. (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






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






33. 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.






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






35. Michigan is in ____ district court in ____ -____






36. Civil cases when the amount in dispute is less than $25 -000






37. 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.






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






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






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






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






42. Harm done which the law cannot remedy.






43. 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.






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






45. 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.






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






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






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






49. Spoken defamation which causes injury to a person's reputation






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