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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. 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.






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






3. 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.






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






5. (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






6. If a quote is altered - in order for a publication to be sued the plaintiff must prove the meaning portrayed in altered quote is dramatically different than the actual quote






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






8. 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.






9. 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.






10. 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






11. Harm done which the law cannot remedy.






12. Private members of society are not required by the First Amendment to meet the 'actual malice' standard in order to recover damage.


13. 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.






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






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






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






17. 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.






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






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






20. Anything punishable by more than a year in jail






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






22. 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.






23. Prevents ISPs from liability except on copyright.






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






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






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






27. Recognized first amendment right of privacy for private figures against media.






28. (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.


29. 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.






30. The First Amendment protection for students does not require a public school to print speech when they can justify their decision by stating an educational purpose.






31. 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.






32. 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)






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






34. 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.






35. 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.






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






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






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






39. 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.






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






41. For purposes of defamation - a person who has thrust themself into the spotlight and has the power to gain media publicity. these individuals must prove actual malice to prevail in a libel suit






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






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






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






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






46. 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.






47. Failure to obey an order made by the court






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






49. 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.






50. 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.