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






2. 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.






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. 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.






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






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






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






9. Anything punishable by more than a year in jail






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






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






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






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






14. (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






15. 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.






16. Harm done which the law cannot remedy.






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






21. Failure to obey an order made by the court






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






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






24. 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.






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






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






27. Reckless disregard for the truth; knowing falsity






28. No guarantee of immunity for media ride alongs.






29. (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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30. Under FOIA - personell records may be released - subject to 'appropriate redactions.'






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






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






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






34. 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.






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






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






37. 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.






38. 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.






39. Reading of the charges against a person






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






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






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






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






44. Friend of the court.






45. 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.






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






47. 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.






48. MI Supreme Court ruled directory information of teachers cannot be disclosed. (home address and phone number)






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






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







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