Reference no: EM131736553

CHAPTER 4. LIBEL AND SLANDER

Answer only 10 questions from each chapter

1. In lawsuits involving public issues that are covered by the mass media, the elements of libel now include all of the following except: a) defamation; b) dissemination; c) identification; d) some kind of fault; e) absence of malice.

2. The common law defenses in libel actions include all of the following except: a) truth; b) malicious intent; c) privilege; d) fair comment.

3. The landmark New York Times v. Sullivan decision established a new requirement that public officials who sue for libel must prove actual malice. As defined in this case, actual malice means: a) ill will or evil intentions; b) publishing a falsehood with evil intentions; c) publishing a falsehood with knowledge or with negligence; d) publishing a falsehood with knowledge or with reckless disregard for the truth; e) publishing anything that isn't true.

4. The Supreme Court extended the actual malice rule to public figures as well as public officials for the first time in: a) Gertz v. Welch; b) Herbert v. Lando; c) Rosenbloom v. Metromedia; d) Time v. Hill; e) Curtis Publishing v. Butts.

5. In the 1974 case of Gertz v. Welch, the Supreme Court authorized the states to: a) exempt private persons from proving actual malice if they could prove at least negligence; b) eliminate the actual malice requirement for all but the most prominent elected officials; c) redefine everyone except politicians as private persons; d) require public officials to prove negligence instead of actual malice; e) let public figures sue for libel without proving any fault.

6. Some well-known people are treated as private persons (as opposed to public figures) in libel lawsuits today. This practice was encouraged by several Supreme Court decisions of the 1970s, including: a) Megarry v. Norton and Time v. Hill; b) Time v. Hill and Time v. Firestone; c) Herbert v. Lando and Time v. Firestone; d) Hutchinson v. Proxmire and Time v. Firestone; e) Curtis v. Butts and Calder v. Jones.

7. How did Dun & Bradstreet v. Greenmoss Builders affect the actual malice rule? a) it didn't affect it; b) it exempted public figures from the actual malice requirement; c) it exempted private persons from the actual malice requirement; d) it excluded libel cases involving purely private matters (rather than issues of public concern) from the actual malice requirement; e) it abolished the actual malice requirement.

8. Most libel plaintiffs must bear the burden of proving any allegedly defamatory statement to be false; the defendant usually does not have the burden of proving the statement true. This principle was strengthened by a 1986 Supreme Court decision that said all states must place the burden of proof on the plaintiff, at least in cases involving issues of public concern. The case: a) Keeton v. Hustler; b) Bose v. Consumers Union; c) Philadelphia Newspapers v. Hepps;

d) Anderson v. Liberty Lobby; e) Dun & Bradstreet v. Greenmoss Builders.

9. The Supreme Court ruled that appellate courts may review and overturn a trial court's determination that actual malice is present in: a) Bose v. Consumers Union; b) Herbert v. Lando; c) Keeton v. Hustler; d) Calder v. Jones; e) Anderson v. Liberty Lobby.

10. Mass communicators may be forced to defend libel cases in courtrooms thousands of miles from where they live and work, according to the Supreme Court's decision in: a) Calder v. Jones; b) Bindrim v. Mitchell; c) Braun v. Chronicle Publishing Co.; d) Herbert v. Lando; e) Gertz v. Welch.

11. A federal appeals court held in 2002 that a newspaper could not be sued in Virginia for material posted on its website, hosted in another state. The case: a) Young v. New Haven Advocate; b) Keeton v. Hustler; c) Calder v. Jones; d) Herbert v. Lando; e) Gertz v. Welch.

12. In 1986 the Supreme Court said public figures who sue for libel should have their cases dismissed on summary judgment (that is, without a trial) unless they can show actual malice by clear and convincing proof. The court so ruled in the case of: a) Keeton v. Hustler; b) Bose v. Consumers Union; c) Philadelphia Newspapers v. Hepps; d) Anderson v. Liberty Lobby; e) Dun & Bradstreet v. Greenmoss Builders.

13. A number of states have enacted anti-SLAPP laws. These laws are primarily intended to: a) abolish libel suits by public officials; b) abolish libel suits against public officials; c) protect those who speak out about public issues from harassment lawsuits; d) protect ordinary citizens who are libeled by making it easier for them to sue; e) protect public officials who are libeled by making it easier for them to sue.

14. Since public figures must prove actual malice, it is only fair to let them inquire into the thought processes and attitudes of journalists who produce an allegedly libelous story. The Supreme Court announced this principle in: a) Calder v. Jones; b) Keeton v. Hustler; c) Herbert v. Lando; d) Hutchinson v. Proxmire; e) Milkovich v. Lorain Journal.

15. In the 1991 case of Masson v. New Yorker Magazine, the Supreme Court ruled that: a) all plaintiffs must prove actual malice in libel cases; b) actual malice must be proven in "emotional distress" cases as well as libel cases; c) journalists may make minor changes in quotations without committing a libel; d) most libel cases should be dismissed on summary judgment; e) all of these.

16. The Supreme Court has held that a public figure who sues for intentional infliction of emotional distress must prove actual malice on the part of a media defendant, just as he/she would in a libel case. The Supreme Court announced this principle in: a) Hustler Magazine v. Falwell; b) Keeton v. Hustler; c) Herbert v. Lando; d) Hutchinson v. Proxmire;e) Milkovich v. Lorain Journal.

17. Which of the following may not sue for libel in most states? a) corporations; b) private individuals; c) government agencies; d) public officials; e) public figures.

18. Who may be sued for libel when a libelous letter to the editor is published in a newspaper? a) the editor; b) the publisher; c) the author of the letter; d) the corporate owner of the newspaper; e) all of these.

19. In Milkovich v. Lorain Journal, the Supreme Court held that: a) a sports column may be libelous if it contains false facts as well as protected expressions of opinion; b) sports columns, editorials and letters to the editor are all exempt from libel lawsuits under the First Amendment; c) sports columns are exempt from libel, but letters to the editor are not; d) sports columns are not exempt from libel, but letters to the editor are exempt; e) Milkovich had nothing to do with a sports column in a newspaper.

20. Suppose an editorial in a newspaper charges that all five members of the local city council are incompetent. Under the law in most states, who may successfully sue for libel? a) each council member; b) only the mayor; c) only the council as a whole; d) no one because this is an expression of opinion; e) no one because no individual may ever be libeled by criticism of any group, no matter how small.

21. Now suppose a news story falsely reports that all five city council members have accepted bribes and violated campaign finance laws. Under the law in most states, who may successfully sue for libel? a) no one; b) each council member; c) only the mayor; d) only the council as a whole; e) the city manager.

22. The Ninth Circuit refused to allow a Section 230 defense against a charge of promissory estoppel in which case? a) Hustler Magazine v. Falwell; b) Keeton v. Hustler; c) Herbert v. Lando; d) Hutchinson v. Proxmire; e) Barnes v. Yahoo! Inc.

23. In Noonan v. Staples, the First Circuit called what traditional libel defense into question, based on state law? a) privilege; b) truth; c) fair comment; d) neutral reportage.

24. Appellate courts have generally held that _______ bars claims against social networking sites like MySpace for sexual assaults that occur between individuals who met on those sites. a) neutral reportage; b) truth; c) Section 230; d) long-arm jurisdiction; e) summary judgment.

25. "Trash talk," like calling someone a whore or a skank, is still considered to be libelous online, said a state court in the case: a) Barnes v. Yahoo! Inc.; b)Fustolo v. Hollander; c) Cohen v. Google; d) Howell v. Enterprise Publishing Co.; e) Hutchinson v. Proxmire.

26. The SPEECH Act (Securing the Protection of our Enduring and Established Constitutional Heritage) is a protection against: a) foreign libel judgments that would have failed under U.S. libel rules; b) allegations of actual malice by foreign governments; c) invasions of privacy by foreign governments; d) damages awarded by foreign governments; e) all of these are correct.

27. Former Agricultural Department employee Shirley Sherrod sued conservative blogger Andrew Breitbart because he: a) posted libelous comments about her on his website; b) edited a video clip of her in such a way as to defame her; c) physically assaulted her; d) plagiarized a speech she had given; e) stalked her.

28. In what case did the courts first refuse to extend Section 230 protection to a blog site because of its encouragement of offensive posts, and then overturn the ruling so as to extend the protection? a) Barnes v. Yahoo! Inc.; b)Fustolo v. Hollander; c) Jones v. Dirty World Entm't Recordings; d) Blockowicz v. Williams; e) Hutchinson v. Proxmire.

29. In what case(s) did the "caustic personality" defense save a defendant from a libel judgment? a) Jones v. Dirty World Entm't Recordings; b)Burke v. Gregg; c) Gardner v. Martino; d) Both B and C; e) A, B, and C.

30. What is "defamation by implication?" a) Misspelling a person's name in a story; b) Juxtaposing facts in such a way as to suggest a defamatory connection; c) Defaming someone's family member; d) Acting in a negligent manner; e) None of these.

31. In Seaton v. TripAdvisor, LLC, the appellate court said that TripAdvisor's list of the "dirtiest hotels" was not defamatory to one of the hotels on the list because: a) TripAdvisor was clear about the source of the information (its users); b) the list was full of hyperbolic language; c) the list was not meant to be factual; d) Both A and B; e) A, B and C.

32. What 2014 feature film depicted the subject of a multimillion dollar libel judgment brought by former Minnesota governor Jesse Ventura that was overturned by a Courts of Appeal a) Boyhood; b) Birdman; c) American Sniper; d) Selma.
 
CHAPTER 5. THE RIGHT OF PRIVACY

1. The concept of a right of privacy was first proposed in an 1890 Harvard Law Review article written by two men, one of whom would later become a U.S. Supreme Court justice. The future justice was: a) John Marshall; b) Oliver Wendell Holmes; c) William O. Douglas; d) Louis Brandeis; e) Learned Hand.

2. The right of privacy normally includes all of the following concepts except: a) the right not to be photographed at the scene of a news event; b) the right not to have non-newsworthy private matters published, violating ordinary decencies; c) the right not to have one's name or likeness used commercially without consent; d) the right not to have one's physical solitude intruded upon unduly; e) the right not to be held up before the public in a false light.

3. In Time, Inc. v. Hill, the Supreme Court ruled that: a) celebrities can prevent magazines from publishing information about their private lives; b) the fact that a celebrity is gay is newsworthy and not private; c) public figures must prove negligence to win an invasion of privacy lawsuit; d) a family that was held hostage by escaped convicts had to prove actual malice to win a false light privacy case against a magazine; e) a person's sex change surgery was newsworthy.

4. The U.S. Supreme Court held that a newspaper committed an invasion of privacy by falsely implying that a reporter had interviewed someone who had not been interviewed and describing how that person felt after a tragedy. The case? a) Briscoe v. Reader's Digest; b) Time, Inc. v. Hill; c) Melvin v. Reid; d) Cantrell v. Forest City Publishing Co.; e) Diaz v. Oakland Tribune.

5. In 1967, the U.S. Supreme Court ruled that there is constitutional protection against unlawful surveillance (by wiretap, bugging, etc.) in any place where a person has a "justifiable expectation of privacy." That was in the case of: a) Griswold v. Connecticut; b) Roe v. Wade; c) Katz v. U.S.; d) Olmstead v. U.S.; e) Mapp v. Ohio.

6. In 1992 the U.S. Supreme Court reaffirmed the basic principle of Roe v. Wade (i.e., that the right of privacy includes the right to choose an abortion without undue government interference during the early months of pregnancy) in the case of: a) Bowers v. Hardwick; b) Griswold v. Connecticut; c) Planned Parenthood v. Casey; d) Rust v. Sullivan; e) Katz v. U.S.

7. In a 2000 decision, the U.S. Supreme Court overturned a state law that banned partial birth abortions. The case: a) Bowers v. Hardwick; b) Griswold v. Connecticut; c) Planned Parenthood v. Casey; d) Rust v. Sullivan; e) Stenberg v. Carhart.

8. In 2007, a new 5-4 majority on the Supreme Court upheld a federal law that banned partial birth abortions in the case of Gonzales v. Carhart. This was the court's first ruling on abortion after the retirement of the justice who provided the decisive fifth vote to overturn laws restricting abortions in several earlier cases. The justice: a) Warren Burger; b) Earl Warren; c) Harry Blackmun; d) Sandra Day O'Connor; e) William Brennan.

9. Reversing an earlier decision, the Supreme Court declared in 2003 that there is a constitutional right of privacy that bars states from prosecuting consenting, adult homosexuals for private acts of sodomy. The case? a) Roe v. Wade; b) Griswold v. Connecticut; c) Bowers v. Hardwick; d) Lawrence v. Texas; e) Rust v. Sullivan.

10. The actual malice rule, which prevents public figures from winning libel cases unless they can prove that a falsehood was published either knowingly or recklessly, was extended to some invasion of privacy lawsuits in the case of: a) Time, Inc. v. Hill; b) Cantrell v. Forest City Publishing; c) Melvin v. Reid; d) Olmstead v. U.S.; e) Conklin v. Sloss.

11. In Florida Star v. B.J.F., the Supreme Court held that: a) there is never any right of privacy when government records are involved; b) the government must release the names of rape victims to the media; c) the media may not be penalized for publishing information lawfully obtained from a court document that was made public; d) the media may be punished for publishing information lawfully obtained from a court record that was made public due to an official error; e) all of these.

12. The U.S. Supreme Court has held that it is usually a violation of the Fourth Amendment for law enforcement officers to allow the media to accompany them into a private home when the officers go in, even with a search or arrest warrant. The case: a) Wilson v. Layne; b) Time, Inc. v. Hill; c) Melvin v. Reid; d) Cantrell v. Forest City Publishing Co.; e) Diaz v. Oakland Tribune.

13. In Deteresa v. ABC, a federal appellate court held that: a) ABC violated Deteresa's rights by using a hidden camera; b) ABC violated Deteresa's rights by broadcasting video of her; c) ABC violated Deteresa's rights by entering her home on a ride-along with police; d) ABC violated Deteresa's rights by revealing private facts about her; e) ABC did NOT violate Deteresa's rights.

14. In a 2001 decision, the U.S. Supreme Court upheld a radio station's right to broadcast a newsworthy tape of an illegally intercepted cellphone conversation. The case: a) Bowers v. Hardwick; b) Griswold v. Connecticut; c) Planned Parenthood v. Casey; d) Bartnicki v. Vopper; e) Stenberg v. Carhart.

15. In which of these cases did a celebrity win monetary damages even though there was no use whatever of his/her name or photograph? a) Midler v. Ford Motor Company; b) Carson v. Here's Johnny; c) Sinatra v. Goodyear; d) Cher v. Forum International; e) none of these.

16. In right of publicity cases, the most viable defense is usually: a) truth; b) absence of malice; c) newsworthiness; d) consent; e) qualified privilege.

17. In private facts cases, the most viable defense is usually: a) truth; b) fair comment; c) newsworthiness; d) absence of malice; e) qualified privilege.

18. Internet privacy issues have become increasingly controversial in recent years. In 2004, a federal appeals court held that a company may search employees' e-mail on the company server without violating the Electronic Communications Privacy Act. The case: a) Fraser v. Nationwide Mutual Insurance Co.; b) Intel Corp. v. Hamidi; c) U.S. v. Microsoft Corp.; d) Cairns v. Franklin Mint; e) Lugosi v. Universal Pictures.

19. In 2009, a California appeals court said in Moreno v. Hanford Sentinel, Inc. that the social networking site MySpace is most like a/an: a) website; b) private room; c) bulletin board; d) e-mail; e) text message.

20. The Supreme Court said that an employee's text messages on government equipment can be searched without violating privacy in: a) Bartnicki v. Vopper; b) City of Ontario v. Quon;c) Cantrell v. Forest City Publishing Co.; d) Melvin v. Reid; e) Toffoloni v. LFP Publishing Group.

21. What pieces of information about public officials did the Fourth Circuit say a watchdog blogger site was permitted to post in Ostergren v. Cuccinelli in 2011? a) ZIP codes; b) Salaries; c) Social Security numbers; d) Email addresses; e) Postal addresses.

22. Which state became the first, in 2012, to deny employers the ability to demand social network passwords from employees or applicants? a) Wisconsin; b) Michigan; c) Maryland; d) Florida; e) California.

23. The First Circuit in 2011 in Glik v. Cunniffe said that openly recording a police officer in public is... a) protected under the First Amendment; b) not protected under the Fourth Amendment; c) not protected under the Fifth Amendment; d) protected under the Sixth Amendment; e) of undetermined protection.

24. The Supreme Court used what grounds to invalidate the federal Defense of Marriage Act in U.S. v. Windsor in 2013? a) The First Amendment; b) The necessary and proper clause; c) The Fifth Amendment; d) Standing to sue; e) Equal protection.

25. The Supreme Court said that the petitioners in the Proposition 8 case, Hollingsworth v. Perry, lacked ____________, and their case could not go forward. a) First Amendment protection; b) the necessary and proper clause; c) Fifth Amendment protection; d) standing to sue; e) equal protection.

26. The Third Circuit said that a company could not use athletes' likenesses without license agreements in: a) Glik v. Cuniffe; b) Hart v. Electronic Arts;c) Hollingsworth v. Perry; d) Melvin v. Reid; e) Ostergren v Cuccinelli.

27. In which 2014 Supreme Court case did the Court say that police may not, "without a warrant, search digital information on a cell phone seized from an individual who has been arrested"? a) Bartnicki v. Vopper; b) Griswold v. Connecticut; c) City of Ontario v. Quon;d) Cantrell v. Forest City Publishing Co.; e) Riley v. California.

28. Which privacy tort was the first to be recognized, in 1902 in Roberson v. Rochester Folding Box? a) Intrusion; b) False light; c) Publication of private facts; d) Contempt; e) Misappropriation.

29. Which court system declared that citizens have a "right to be forgotten" in Google search engines? a) The U.S. Supreme Court; b) the European Court of Justice; c) the International Court of Justice; d) the Supreme Court of Canada.

Attachment:- Ch 4 & 5 Libel and Slander.rar