Journalism Law
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Journalism Law
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25 Questions

1. 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.

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

3. 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)

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

5. 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.

6. Failure to obey an order made by the court

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

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

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

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

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

12. 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

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

14. 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.

15. Prevents ISPs from liability except on copyright.

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

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

18. 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.

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

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

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

22. 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.

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. 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.

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