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






2. Written defamation which causes injury to another's reputation






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






4. 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.






5. Harm done which the law cannot remedy.






6. 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.






7. 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.






8. 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.






9. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating it is lewd - indecent or offensive - or have legitimate pedagogical concerns.






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






11. 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.






12. 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.






13. 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.






14. 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.






15. Minor errors do not count as actual malice.






16. 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.






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






18. 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.






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






20. 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.






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






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






23. 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






24. Federal if between two states (although try to get it back to states) - telecommunications - crossing state lines - anything violating state law






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






26. 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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27. A published article must be so inaccurate that it will have more of an effect on the reader than the literal truth would.






28. 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.






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






30. A person vs. a person (corporation can be a person too






31. 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)






32. A judgment made by the court before or during a trial. This judgment is in repsonse to a motion by the plaintiff or defendant - who claims there is not enough evidence or there is no dispute that the information given is fact.






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






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






35. 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.






36. Reckless disregard for the truth; knowing falsity






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






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






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






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






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






42. 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.






43. Guarantees freedoms of speech - religion - press and assembly.






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






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






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






47. Prevents ISPs from liability except on copyright.






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






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






50. 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.






Can you answer 50 questions in 15 minutes?



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