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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. 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.






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






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






4. 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.






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






6. Minor errors do not count as actual malice.






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






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






9. 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.






10. Failure to obey an order made by the court






11. The declaration of a final judgment based on the evidence presented






12. (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






13. 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






14. 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.






15. 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.






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






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






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






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






20. Reckless disregard for the truth; knowing falsity






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






22. 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.






23. 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.






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






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






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






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






28. 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.






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






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






31. 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.






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






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






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






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






36. 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






37. 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.






38. 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.






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






40. The right of an individual to a speedy trial by an impartial jury - to be informed of the changes against them - to confront witnesses - the right to have compulsory proceedings to obtain witnesses in their favor - and the right to have assistance of






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






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






43. 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.






44. 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.






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






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






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






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






49. 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.






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







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