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






2. The Sixth Amendment rights of a defendant outweigh the First Amendment of the press in cases where the press can have prejudicial outcome of the defendant's trial.






3. 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.






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






5. 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.






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






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






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






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






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






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






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






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






14. 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.






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






16. 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.






17. 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.






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






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






20. Publication - identification - defamation - harm and damages






21. Words that may be innocent on face - but facts make story damaging






22. 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.






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






24. 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.






25. 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.






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






27. Under the language of the statute - these media representatives are not subject to an investigative subpoena.






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






29. 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.






30. 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.






31. Prevents ISPs from liability except on copyright.






32. 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






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






34. 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






35. 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.






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






37. 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






38. School officials can prohibit students from displaying messages that promote illegal drug use.






39. 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.






40. 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.






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






42. 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)






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






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






45. A proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.






46. 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.






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






48. 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.






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






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







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