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






2. 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.






3. The OMA does not allow public bodies to bypass the law by closing meetings or doing round robin phone calls. universities are not exempt from FOIA in cases of public records.






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






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






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






7. Lowest court handles: Tickets - civil matter - Misdemeanor - Felonies






8. Publication - identification - defamation - harm and damages






9. Criminal matters anything less than a year in jail






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






11. 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.






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






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






14. No guarantee of immunity for media ride alongs.






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






16. 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.






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






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






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






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






21. 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.






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






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






24. 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.






25. 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






26. Reading of the charges against a person






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






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






29. 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.






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






31. 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.






32. Incidental use of someone's image cold be an invasion of privacy or defamation.






33. 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.






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






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






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






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






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






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

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






41. 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.






42. Newspapers do not have an equal time requirement like broadcast has.






43. The right to exploit one's name and likeness is personal to the artist and must be exercised - if at all - by him during his lifetime.' This resulted in a loss of inheriting personality rights in California.






44. 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.






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






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






47. 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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48. 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.






49. 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.






50. (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