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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. Friend of the court.






3. 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.






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






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






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






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






9. 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.






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






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






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






13. (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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14. Written defamation which causes injury to another's reputation






15. 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.






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






17. Money damages awarded to the injured party as compensation for a specific loss






18. 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






19. 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.






20. No guarantee of immunity for media ride alongs.






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






22. 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






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






24. NYT actual malice standard does not extend to private figures. However - it's up to the states to determine what a private figure is - and there's a new standard that says you have to prove harm and damages.






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






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






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






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






29. Reading of the charges against a person






30. 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.






31. 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.






32. Anything punishable by more than a year in jail






33. 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






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






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






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






37. 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.






38. 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.






39. 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






40. 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.






41. Guarantees people the right to be secure in their homes and property against unreasonable searches and seizures. Also protects against the issuance of a warrant without probable cause.






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






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






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






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






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






47. 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)






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






49. 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.






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







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