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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. 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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2. Reading of the charges against a person






3. Reckless disregard for the truth; knowing falsity






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






5. For the purpose of defamation - a person who does not have regular - continuing access to the media - or on matters of public controversy. These individuals have a lesser burden of proof under most state libel laws.






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






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






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






9. Friend of the court.






10. 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






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






12. 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






13. 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.






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






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






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






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






18. 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.






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






20. 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)






21. 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.






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






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






24. 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.






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






26. 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.






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






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






29. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.






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






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






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






33. 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.






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






35. 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.






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






37. 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






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






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






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






41. (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






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






43. No guarantee of immunity for media ride alongs.






44. Failure to obey an order made by the court






45. 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.






46. Minor errors do not count as actual malice.






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






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






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






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