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






2. 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.






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






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






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






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






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






8. (privacy) There are areas around you that are a 'zone of privacy'






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






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






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






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






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






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






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






16. 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.






17. In an invasion of privacy tort - an action that characterizes a person falsely. Often the person is misrepresented by quoting out of context - the careless use of photos or cutlines - or by using a picture from one story as a picture for another.






18. 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.






19. A person vs. a person (corporation can be a person too






20. 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






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






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






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






25. 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.






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






27. Criminal matters anything less than a year in jail






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






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






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






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






32. Publication - identification - defamation - harm and damages






33. (privacy) a. Because of who you are - you have a right to profit from your image b. Endorsements






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






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






36. 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.






37. 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.






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






39. 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.






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






41. 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)






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






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






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






45. 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.






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

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47. 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






48. 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






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






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







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