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Journalism Law

Instructions:
  • Answer 50 questions in 15 minutes.
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  • Match each statement with the correct term.
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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. Guarantees freedoms of speech - religion - press and assembly.






2. (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






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






4. Publication - identification - defamation - harm and damages






5. 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.






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






7. 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.






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






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






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






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






12. A form of qualified privilege which gives the media the right to publish articles as long as opinions are based on relevent facts. These aretiles include opinion - columns - editorials - book reviews - movie reviews - etc.






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






15. A court order preventing a person or group from doing or continuing to do a specific act.






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






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






18. 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






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






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






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






22. 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.






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






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






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






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






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






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

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29. 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.






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






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






32. Friend of the court.






33. 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






34. Anything punishable by more than a year in jail






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






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






37. To claim exemption for investigative records - they must show how disclosure would interfere with proceedings. The burden of proof is on the party claiming exemption.






38. 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.






39. 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.






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






41. 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.






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






43. 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.






44. Reckless disregard for the truth; knowing falsity






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






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






47. 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.






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






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






50. Minor errors do not count as actual malice.






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