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






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






3. 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.






4. 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.






5. 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.






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






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






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






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






11. Minor errors do not count as actual malice.






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






13. Friend of the court.






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






15. Motions for summary judgment is applicable if the publication is not private facts and is newsworthy.






16. 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.






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






18. 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)






19. Plaintiffs are not entitled to an order unmasking an anonymous author when the statements in question cannot support a cause of action for defamation.






20. Permission given by SCOTUS to allow a case to be appealed






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






22. 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






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






24. The media must make sure that permission is acquired in commercial situations.






25. 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.






26. 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






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






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






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






30. 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.






31. Civil cases when the amount in dispute is less than $25 -000






32. Failure to obey an order made by the court






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






34. 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.






35. 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.






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






37. 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.






38. (Privacy) Ex. Kim Kardashian's sex tape






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






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






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






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. 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.






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






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






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






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






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






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






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