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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. Minor errors do not count as actual malice.






2. 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.






3. 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.






4. In an invasion of privacy tort - the right an individual has to profit from their likeness - or to prevent others from gaining value for their own commercial benefit






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






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






7. 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.






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






9. 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.






10. 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.






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






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






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






14. 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.






15. Reading of the charges against a person






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






17. 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






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






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






20. The power of authority of a particular court to hear and adjudicate matters in dispute






21. 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.






22. A constructive trust is a proper manner of relinquishing the profits of one who abuses a confidential position.






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






24. (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






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. 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.






27. hearing where the judge decides whether or not there is sufficient evidence to prove a crime. In michigan - takes place in district court






28. In Michigan - there's an absolute right of public to be present during jury selection.






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






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






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






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






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






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






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






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






37. Criminal matters anything less than a year in jail






38. In the case where a party challenges the underlying facts that support a trial court's decision - the appellate court must defer to the trial court's view of the facts.






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






40. Publication of private matters that violate ordinary decency - 2. Intrusion on physical solitude - 3. False light - 4. Appropriation of another's likeness for commercial profit - 5. Right to publicity






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






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






44. 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.






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






46. Publication - identification - defamation - harm and damages






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






48. No guarantee of immunity for media ride alongs.






49. 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.






50. 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.