Mass Media Law Ch.4-8

Trade libel refers directly to: A) The selling and exchange practices involved in federal commerce. B) Defamation on an industry-wide basis. C) The loss of income due to defamatory communications that attack a company. D) Criticism of a product.

D) Criticism of a product.

In White v. Samsung Electronics America (1992), the Ninth Circuit Court of Appeals determined: A) A celebrity's right of publicity may include a look-alike parody. B) A celebrity parody may amount to social commentary that is protected by the First Amendment. C) An advertiser may not show disclaimers when utilizing look-alikes. D) A celebrity parody may amount to social commentary that is not protected by the First Amendment.

A) A celebrity's right of publicity may include a look-alike parody.

New York Times v. Sullivan (1964) stemmed from the running of an advertisement that was critical of: A) A police commissioner and his force's behavior on an Alabama college campus. B) Civil rights organizations that led protests in the South. C) The New York Times' practice of rejecting conservative political ads in its newspaper. D) Congress for refusing to implement a federal civil rights law.

A) A police commissioner and his force's behavior on an Alabama college campus.

In Comedy III Inc v. Gary Saderup Inc. (2001), the California Supreme Court articulated a test for examining right to publicity cases, attempting to: A) Account for any transformative elements of reproduction so that creative uses of an image or likeness would be protected by the First Amendment. B) Establish the level of monetary value attributed to someone's image or likeness. C) Create a statute of limitations for protecting someone's image or likeness. D) Require celebrities to demonstrate the defendant's intent and profitability.

A) Account for any transformative elements of reproduction so that creative uses of an image or likeness would be protected by the First Amendment.

With regard to emotional distress claims, public figures must demonstrate: A) Actual malice, similar to the standard in libel cases. B) Negligence, similar to the standard in libel cases. C) Invasion of privacy. D) None of the above.

A) Actual malice, similar to the standard in libel cases.

In Texas Beef Group vs. Winfrey (2000), the U.S. Court of Appeals for the Fifth Circuit: A) Affirmed the dismissal of the libel claim because no knowingly false statements had been stated about cattle. B) Overturned the dismissal of the libel claim because of the veggie hate law. C) Affirmed the libel damage award because Winfrey made defamatory statements of fact. D) Ruled that the veggie hate laws are unconstitutional because they are content-based restrictions.

A) Affirmed the dismissal of the libel claim because no knowingly false statements had been stated about cattle.

When examining intrusion cases, courts generally: A) Agree that there is generally no privacy in public settings. B) Disagree over the amount of privacy that may be attained in public settings. C) Agree that there is no privacy right in intrusion. D) Agree that little privacy can be expected today in public and private settings.

A) Agree that there is generally no privacy in public settings.

Since its inception, a primary rationale behind libel is to: A) Allow an injured party to repair any damage that has been caused through libelous material. B) Restore the publisher's reputation through the awarding of monetary damages. C) Prevent the publication or broadcast of material that may not be in the public's best interest. D) Establish a code of conduct for the press.

A) Allow an injured party to repair any damage that has been caused through libelous material.

As a result of the Communications Decency Act of 1996, online service providers (OSPs) like America Online who are the subject of libel suits based in the U.S.: A) Are not liable for publishing defamatory material that originates from a third party. B) Must monitor and censor communication over their network to prevent the publication of libelous communication. C) May be held liable for all defamatory material that is carried on its network. D) Must enable defamed parties a right of reply.

A) Are not liable for publishing defamatory material that originates from a third party.

The legal definition of fault that is applied to private figures in a libel suit is: A) Failure to exercise reasonable care. B) Unethical reporting procedures to obtain a story. C) Sloppiness in proofreading or fact checking. D) Willful neglect in obtaining permission to utilize sources in print.

A) Failure to exercise reasonable care.

The text cites the work of attorney David Utevsky, listing four of his tips to avoid a libel suit based on statements of opinion. Which of the following is not one of the ways? A) Have the work published in a newspaper, instead of in a magazine or online. B) Clearly state and summarize the facts on which your opinion is based. C) Make certain the facts you are relying upon are true. D) When stating an opinion, make certain is it understood as being your opinion.

A) Have the work published in a newspaper, instead of in a magazine or online.

In Hutchinson v. Proxmire (1979), the U.S. Supreme Court reversed the lower court ruling that a federally funded researcher who received Sen. Proxmire's "Golden Fleece Award" was a limited-purpose public figure on the basis that: A) Hutchinson did not inject himself into any controversy, he was merely the recipient of federal research funds. B) The research conducted was vitally important to society, and therefore Hutchinson was declared a public official. C) Hutchinson had adequate access to the media to respond to Senator Proxmire's defamatory comments. D) The average citizen did not find Hutchinson's research to be vitally important to resolving important policy concerns.

A) Hutchinson did not inject himself into any controversy, he was merely the recipient of federal research funds.

Unlike the Ollman test or the Milkovich test, both of which evolved from judicial decisions, the fair comment and criticism libel defense: A) Is a common law defense. B) Is used by a majority of mass media defendants. C) Takes into account whether rhetorical hyperbole is used. D) Fails to consider whether there is a factual basis for the comment.

A) Is a common law defense.

In states that have adopted a survival statute: A) It may be possible to continue a libel suit even if the plaintiff dies. B) Relatives of a deceased person who has been defamed may file a libel suit. C) Damage awards won from successful libel suits may be passed on to heirs. D) All of the above.

A) It may be possible to continue a libel suit even if the plaintiff dies.

Unlike the right to privacy, the right to publicity: A) May live on after the individual dies. B) Dies when the individual passes away. C) Requires obtaining consent prior to publication. D) Often hinges on the plaintiff's demonstration of negligence.

A) May live on after the individual dies.

In Raye vs. Letterman (1987), the court determined defamation did not take place because: A) No one could reasonably understand Dave's remark to be true. B) Humor may not rise to the level of defamation. C) Opinion may not rise to the level of defamation. D) Defamatory statements may not take place during talk shows.

A) No one could reasonably understand Dave's remark to be true.

In terms of a libel defense for a news story, qualified privilege protects: A) Only the material that pertains to an official governmental proceeding or report. B) The complete story from top to bottom. C) Record of statements that appear in direct quotes. D) Only fair comment and criticism.

A) Only the material that pertains to an official governmental proceeding or report.

Negligence applies as the fault requirement when libel plaintiffs are: A) Private persons. B) Public persons. C) Limited-purpose public figures. D) Either public or private persons.

A) Private persons.

If an elected official, such as a city council member, makes a defamatory remark during an official part of a public hearing, that city council member is: A) Protected under absolute privilege. B) Protected under qualified privilege. C) Protected under neutral reportage. D) Not protected under the Constitution.

A) Protected under absolute privilege.

In Hoffman v. Capital Cities/ABC Inc. (2001), the Ninth Circuit Court of Appeals found a magazine's cut and pasting of the actor's face and head into a computer image to be: A) Protected under the news and information exemption because it amounted to editorial content. B) An appropriation, even though the use was not for a direct trade purpose. C) An appropriation because the image was used on the cover. D) Protected because the magazine followed its original consent agreement.

A) Protected under the news and information exemption because it amounted to editorial content.

As a result of Midler v. Ford Motor Company (1988): A) Recording artists may file appropriation cases based on the use of "soundalikes." B) Songwriters may not prohibit companies from using familiar melodies for advertisements. C) Performers must receive adequate compensation for their right to privacy. D) The right to publicity includes the right to deny any association with a particular product or service.

A) Recording artists may file appropriation cases based on the use of "soundalikes."

Despite a federal court ruling approving the neutral reportage defense, most courts: A) Refuse to accept neutral reportage as a viable libel defense. B) Accept neutral reportage as a viable libel defense. C) Refuse to accept rhetorical hyperbole as a viable libel defense. D) Accept rhetorical hyperbole as a viable libel defense.

A) Refuse to accept neutral reportage as a viable libel defense.

If a celebrity like Lady Gaga, who earns a living based upon her image, wishes to file an appropriation claim, she will probably assert: A) Right to publicity violation. B) Right to privacy violation. C) Invasion upon seclusion. D) Descendible privacy.

A) Right to publicity violation.

What is the significance of the U.S. Supreme Court's ruling in Milkovich v. Lorain Journal Co. (1991)? A) The Court found that the First Amendment protects pure opinion on a matter of public concern. B) The Court found that pure opinion is not protected expression under the First Amendment. C) The Court determined the columnist stated nothing more than a defamatory opinion, which is protected. D) The case helped shape the eventually creation of the Ollman test.

A) The Court found that the First Amendment protects pure opinion on a matter of public concern.

In Gertz v. Welch (1974), the U.S. Supreme Court ruled that when courts determine limited-purpose figure status in libel cases they must consider: A) The extent of an individual's participation in the particular controversy that prompted the defamation. B) Whether the public controversy affects a larger group of people than those actually involved in the controversy. C) How extensively the press has devoted itself to covering the public controversy. D) All of the above.

A) The extent of an individual's participation in the particular controversy that prompted the defamation.

How frequent are summary judgments granted to defendants in libel cases? A) The great majority of mass media defendants are granted summary judgment. B) It is rare that mass media defendants are granted summary judgment because factual disputes favor the plaintiff. C) Summary judgments are rarely granted because judges prefer to see mass media defendants prove their credibility during a trial. D) None of the above.

A) The great majority of mass media defendants are granted summary judgment.

The key issue that courts will assess in an intrusion suit is whether: A) The plaintiff had a reasonable expectation of privacy. B) The defendant acted maliciously in gathering material. C) The defendant believed the information was of a private nature. D) The defendant broke any news-gathering laws like trespassing or wiretapping.

A) The plaintiff had a reasonable expectation of privacy.

Under the Electronic Communications Privacy Act (ECPA), it is illegal: A) For employers to read the contents of employee e-mail. B) To disclose the contents of any electronic communication. C) To utilize a device to read another user's private messages. D) All of the above.

C) To utilize a device to read another user's private messages.

Recent trends indicate that when people or companies are aware they won't be able to prove the necessary elements for libel they: A) Simply refuse to bring any legal claims forward. B) May bring forward claims that center on the conduct of journalists (e.g. trespass, breach of contract). C) Often bring forward slander claims. D) None of the above.

B) May bring forward claims that center on the conduct of journalists (e.g. trespass, breach of contract).

One of the factors that courts use to determine if a libel plaintiff is a limited-purpose public figure is to examine whether: A) The plaintiff influences the outcome of an important controversial issue. B) The plaintiff voluntarily becomes involved in trying to influence an important controversial issue. C) Public controversy was created by publication of the libelous communication. D) The plaintiff was once a public official.

B) The plaintiff voluntarily becomes involved in trying to influence an important controversial issue.

If a state's statute of limitations for libel is two years and operating under the single publication rule: A) Defendants have two years by which to gather necessary evidence. B) Plaintiffs have two years to file suit following the initial publication of the defamatory material. C) Plaintiffs must allow two years for a retraction before filing a libel suit against the defendant. D) Defendants have two years to reach an out-of-court settlement with the plaintiff before going to trial.

B) Plaintiffs have two years to file suit following the initial publication of the defamatory material.

If a story alleges an individual home was constructed poorly, the single mistake rule: A) Enables the home-builder to file a libel suit against a journalist. B) Protects a reporter from libel unless the story suggests a pattern of incompetence. C) Requires a retraction and apology if the journalist was merely stating an opinion. D) None of the above.

B) Protects a reporter from libel unless the story suggests a pattern of incompetence.

The rulings in McFarland v. Miller (1994), concerning an actor in the "Our Gang" films, and Wendt v. Host International (1997), concerning an actor in the "Cheers" TV series, together show what? A) The definition of what is meant by celebrity likeness. B) Recognition of an actor's right to publicity in a character's image. C) Establishment of precedent in awarding punitive damages in an appropriation suit. D) That someone else may not claim another person's name or likeness.

B) Recognition of an actor's right to publicity in a character's image.

The qualified privilege defense: A) Is really nothing more than absolute privilege. B) Requires the defendant to demonstrate how the privilege applies to the defamatory material in question. C) May only apply to debate and deliberations made in official government settings. D) All of the above.

B) Requires the defendant to demonstrate how the privilege applies to the defamatory material in question.

In general, privacy law: A) Is uniform across all fifty states. B) Only deals with the gathering of information, not publication. C) Varies considerably from state to state. D) Is derived almost entirely from federal statutes.

C) Varies considerably from state to state.

In Cardtoons v. Major League Baseball Players Association (1996), a case concerning the production of satirical baseball cards featuring well-known players, the Tenth Circuit Court of Appeals ruled: A) A celebrity's right of publicity may include a look-alike parody. B) A celebrity parody may amount to social commentary that is protected by the First Amendment. C) An advertiser may not show disclaimers when utilizing look-alikes. D) A celebrity parody may amount to social commentary that is not protected by the First Amendment.

B) A celebrity parody may amount to social commentary that is protected by the First Amendment.

Even though it consists of many legal components, libel may generally be described as the publication or broadcast of: A) An insult that directly harms the feelings of another individual. B) A statement that injures someone's reputation in the community. C) A story that critically attacks and harms another person. D) False or misleading information about an individual or organization.

B) A statement that injures someone's reputation in the community.

Why is public opinion surrounding fears over the potential intrusive practices of the Internet so surprising? A) Because most American are aware of cookies but don't disable them on their Internet browsers. B) Because most Americans already voluntarily give personal information in order to obtain credit and make catalog purchases. C) Because most Americans continue to use the Internet even though they know online profiling exists. D) Because most Americans don't believe in a personal right to privacy when using the Internet.

B) Because most Americans already voluntarily give personal information in order to obtain credit and make catalog purchases.

Most legal experts agree that a plaintiff cannot sue for libel if: A) He or she holds substantial contempt or scorn for the mass media. B) He or she gave permission to publish the defamatory material. C) He or she had responded in print to the defamatory material. D) Both B and C are correct.

B) He or she gave permission to publish the defamatory material.

Based upon the ruling in Kaelin v. Globe Communications Corp (1998), courts may determine an article is defamatory based upon: A) Innuendo that appears in the story. B) Innuendo that appears in a story's headline. C) Direct accusations of murder that appear in the story. D) Hearsay that appears in the story.

B) Innuendo that appears in a story's headline.

As demonstrated most recently in Church of Scientology International v. Behar (2001), courts have ruled that a demonstration of ill will between the reporter and plaintiff in a libel suit: A) May be accepted as sufficient proof of actual malice. B) Is not, by itself, sufficient proof of actual malice. C) May be accepted as sufficient proof of negligence, but only for private persons. D) Infringes upon the First Amendment rights of those persons who were intentionally defamed.

B) Is not, by itself, sufficient proof of actual malice.

Which of the following questions will a court consider as part of its criteria to determine whether or not a journalist acted with reckless disregard for the truth? A) Was the matter a breaking story or hot news item that left little time for careful fact checking and editing? B) Was the story probable and believable or did it require further examination? C) Were the news sources reliable and trustworthy? D) All of the above.

B) Is not, by itself, sufficient proof of actual malice.

The legal definition of fault that is applied to pubic persons in a libel suit is: A) Knowledge of falsity and reckless disregard for the truth. B) Knowledge of falsity or reckless disregard for the truth. C) Negligence but with actual malice. D) Absence of malice.

B) Knowledge of falsity or reckless disregard for the truth.

State retraction statutes serve the purpose of: A) Limiting the plaintiff's ability to file a libel claim against the press. B) Limiting damage awards in the event of a successful libel suit. C) Prohibiting libel suits completely if a retraction is printed. D) Offering defamed plaintiffs an automatic right of reply.

B) Limiting damage awards in the event of a successful libel suit.

If a local station affiliate airs a defamatory story that runs during the network evening news, the local station: A) May be sued for libel. B) May be sued for libel, but only if there was scienter. C) May be sued for republication. D) May not be sued for libel.

B) May be sued for libel, but only if there was scienter.

In order to successfully employ the right of reply defense in a libel suit: A) The plaintiff needs to issue a response critical of the defamatory material. B) The plaintiff's response has to be libelous and comparable to the original defamation's magnitude. C) The mass media defendant must make space available to carry the plaintiff's response. D) All of the above.

B) The plaintiff's response has to be libelous and comparable to the original defamation's magnitude.

Which of the following defenses is the legal opposite of falsity, one of the five items a plaintiff must prove in a libel suit? A) Humor B) Truth C) Fair comment D) Opinion

B) Truth

The clearest way to determine whether someone is a public official is if the individual: A) Works for the government. B) Was elected by the public to a government position. C) Was appointed to a government position. D) Is supported through public taxpayer dollars.

B) Was elected by the public to a government position.

In 1984, in Ollman v. Evans, the U.S. Court of Appeals for the D.C. Circuit outlined a four-part test to determine whether a statement should be regarded as the assertion of a fact or as simply the speaker's or writer's opinion. Which of the following is not part of that test? A) Can the statement be proved true or false? B) Was the statement made in print, or through electronic media such as broadcasting? C) What is the common or ordinary meaning of the words? D) What is the social context of the remark?

B) Was the statement made in print, or through electronic media such as broadcasting?

According to guidelines established by media groups, hidden cameras should only be used in limited situations. Which of the following is not one of those situations when hidden cameras should be used? A) When the information is of profound importance. B) When time is of the essence to make sure you report the story before your competitors. C) When all other alternatives for obtaining the same information have been exhausted. D) When the harm prevented by revealing the information outweighs the harm caused by the act of deception.

B) When time is of the essence to make sure you report the story before your competitors.

What is the difference between defamatory words that are libelous on their face and words that are innocent on their face? A) Words that are libelous on their face were used with specific defamatory intent to injure a person while words that are innocent were accidentally used. B) Words that are libelous on their face always carry a defamatory effect while words that are innocent require the knowledge of other facts to become defamatory. C) The term "libelous on their face" is generally used by plaintiffs while "innocent on their face" is used by defendants. D) The terms are used interchangeably today to refer to defamation.

B) Words that are libelous on their face always carry a defamatory effect while words that are innocent require the knowledge of other facts to become defamatory.

The libel defense of consent includes: A) Express consent, where an individual specifically agrees to publication of material. B) Implied consent, such as when an individual comments on a defamatory allegation. C) Both express and implied consent to publish material. D) There is no such thing as a "consent" defense.

C) Both express and implied consent to publish material.

The defendants named in a SLAPP suit often involve: A) Large media conglomerates attempting to access concealed information. B) Corporations who have already filed a libel suit. C) Citizen groups who criticize a company's operations or conduct. D) Local governments who have meetings closed to the public.

C) Citizen groups who criticize a company's operations or conduct.

Employing the term alleged in a story when dealing with criminal accusations: A) Always protects a reporter from a defamation suit. B) Explicitly implies that a criminal charge has been made by law enforcement. C) Fails to provide a reporter with the necessary protection from a libel claim. D) Should be used only when the state has failed to file formal charges.

C) Fails to provide a reporter with the necessary protection from a libel claim.

In Rosenblatt v. Baer (1966), the U.S. Supreme Court ruled that at the very least, "public officials" are those who: A) Are merely considered to be a federal government employee. B) Hold a government job requiring advanced training and education. C) Have, or appear to the public to have, a substantial responsibility for the conduct of governmental affairs. D) Are appointed by the president personally.

C) Have, or appear to the public to have, a substantial responsibility for the conduct of governmental affairs.

To fully retain qualified privilege, a reporter should attempt to: A) Provide a truthful, accurate account of what occurred. B) Clearly attribute what he or she is reporting to an official public meeting or document. C) Provide a fair, balanced account, striving to represent both sides if at all possible. D) All of the above.

D) All of the above.

In terms of falsity that may take place within the context of direct quotes: A) A plaintiff has to demonstrate that they were misquoted. B) A plaintiff has to demonstrate that quotes were made up out of thin air. C) A defendant may make minor word mistakes, just as long as the gist of the quoted material is true. D) A defendant must prove that their tape recording malfunctioned during the interview.

C) A defendant may make minor word mistakes, just as long as the gist of the quoted material is true.

As a result of Hustler v. Falwell (1988), plaintiffs seeking an emotional distress claim must prove the parody amounted to: A) An opinion. B) An embarrassing, personal fact. C) A false statement of fact, rather than parody D) An intentional libelous assault.

C) A false statement of fact, rather than parody

Criminal libel laws are currently on the books in how many states? A) Virtually of the states have criminal libel laws. B) A great majority of states (about 35) still have them. C) A minority--only about 20 states and territories--still have them. D) They are in effect in only a few states.

C) A minority--only about 20 states and territories--still have them.

Using someone's image or likeness in an advertisement is a commercial use, subject to the tort of appropriation. Which of the following is not an example of a commercial use? A) Display of a person's photograph in the window of a photographer's studio to show customers the quality of work done by the studio. B) Use of an individual's name or likeness in a banner ad on a Web site. C) A newspaper printing a front-page photo of a firefighter saving a person from a burning building. D) A testimonial suggesting that an individual eats a certain cereal or drives a certain automobile.

C) A newspaper printing a front-page photo of a firefighter saving a person from a burning building.

Even if the plaintiff is considered to be a public official within his or her occupation, the actual malice fault requirement may only be applied if the libelous communication concerns: A) The manner in which the plaintiff conducts him- or herself while carrying out their public official responsibilities. B) The plaintiff's general fitness to hold his or her public official position. C) Both A and B are correct. D) None of the above.

C) Both A and B are correct.

Once a plaintiff is deemed a public figure in a libel suit: A) He or she will always be considered a public figure in all other libel suits. B) He or she is considered a public figure only in the particular suit. C) He or she may be considered a public figure in subsequent suits, but only if libeled in the context of the issues or matters that generated their public-person status. D) None of the above.

C) He or she may be considered a public figure in subsequent suits, but only if libeled in the context of the issues or matters that generated their public-person status.

In Jewell v. Cox Enterprises Inc. (1999), the court determined Richard Jewell was a public figure because: A) Jewell's position as a private security guard during the Olympics amounted to public official responsibilities. B) Jewell was a suspect in the Olympic Park bombing. C) Jewell was a prominent figure in the coverage of the Olympic park bombing and voluntarily sought media appearances. D) Jewell was a former deputy sheriff.

C) Jewell was a prominent figure in the coverage of the Olympic park bombing and voluntarily sought media appearances.

When courts examine whether negligence occurred in a libel case they typically ask whether the journalist: A) Took the appropriate steps to write a balanced story. B) Provided an opportunity for editing. C) Made a good faith effort to determine the truth or falsity of the matter. D) Employed all of the necessary resources to get the best possible story.

C) Made a good faith effort to determine the truth or falsity of the matter.

In regards to a libel suit, identification: A) May not be proven in novels or other fictional works. B) Must be known to all readers or viewers. C) May be demonstrated even if the person is not identified directly by name. D) Must refer to a specific individual, not a group of people no matter how small.

C) May be demonstrated even if the person is not identified directly by name.

Rhetorical hyperbole is a libel defense that: A) Protects defamatory rhetoric used during the coverage of politics and public policy. B) Protects the reporter for innocently employing defamatory language. C) May be invoked if the defamatory language used is so expansive that a reasonable reader or listener realizes it's an opinion and not to be taken as statements of fact. D) May shield the reporter for using inaccurate quotes or figures.

C) May be invoked if the defamatory language used is so expansive that a reasonable reader or listener realizes it's an opinion and not to be taken as statements of fact.

Regarding state jurisdiction and libel claims, plaintiffs: A) Must file lawsuits against mass media defendants in the state where the defamatory communication originated. B) May file lawsuits in any state of the nation, even if the defamatory communication did not reach a given state. C) May choose where to file lawsuits, just as long as the defamatory publication is circulated within the state. D) May file lawsuits for defamation that occur on the Internet, but only in the state where the publication's server is located.

C) May choose where to file lawsuits, just as long as the defamatory publication is circulated within the state.

Publishing or broadcasting an individual's name or likeness for news and information purposes is: A) Inappropriate and constitutes a violation of the appropriation tort. B) Not a violation of appropriation if the person is a celebrity. C) Not a violation of appropriation; "news and information" is a broad exception to the appropriation rule. D) A violation of the appropriation rule if the individual is a private person.

C) Not a violation of appropriation; "news and information" is a broad exception to the appropriation rule.

In order for publication to occur in a libel suit against a newspaper a plaintiff must show that: A) A significant number of readers saw the material. B) The plaintiff personally saw the material. C) One additional person, other than the writer and person defamed, saw the material. D) The newspaper actually printed the material in question.

C) One additional person, other than the writer and person defamed, saw the material.

In Reno v. Condon (2000), the U.S. Supreme Court held that the Drivers' License Protection Act was: A) Unconstitutional, infringing upon the First Amendment rights of motor vehicle agencies. B) Unconstitutional, infringing upon the Fourth Amendment privacy rights of citizens. C) Permissible under the Tenth Amendment as a proper power delegated to the federal government. D) None of the above.

C) Permissible under the Tenth Amendment as a proper power delegated to the federal government.

In New York Times vs. Sullivan (1964), the U.S. Supreme Court ruled: A) Sullivan could recover damages against the New York Times because Sullivan published a false advertisement. B) The First Amendment shields the press from all libel claims made by politicians. C) Sullivan could not recover damages against the New York Times because the paper had not acted with actual malice. D) Public officials have to demonstrate the same fault requirements as private citizens when attacked in an advertisement.

C) Sullivan could not recover damages against the New York Times because the paper had not acted with actual malice.

Regardless of the outcome, libel suits filed against the mass media: A) Are rarely won by plaintiffs if they reach the trial stage. B) Almost always result in large out-of-court settlements in excess of a million dollars. C) Take a lot of time and money just to defend. D) Often result in criminal penalties like jail time.

C) Take a lot of time and money just to defend.

When an article defames a private person but addresses issues of public concern: A) The court will decide whether or not the defendant or plaintiff has to demonstrate falsity. B) The defendant must demonstrate falsity. C) The plaintiff must demonstrate falsity. D) Falsity matters, but only if the defamatory material occurred within the context of discussing an important public issue.

C) The plaintiff must demonstrate falsity.

Based upon the precedent set in Dieteman v. Time Inc. (1971), a case involving a man who was accused of practicing medicine without a license, intrusion includes: A) The use of a hidden recording device in a business open to the public. B) The use of a hidden recording device on public property. C) The use of a hidden recording device in a person's home. D) All of the above.

C) The use of a hidden recording device in a person's home.

Which of the following types of advertising and trade purposes pose the greatest challenge for courts? A) The display of a celebrity's photo in a restaurant. B) An advertisement using a person's name or photograph. C) The use of someone's likeness or image in a film, sitcom or novel. D) A false testimonial.

C) The use of someone's likeness or image in a film, sitcom or novel.

Under what circumstances may obtaining consent not work when using someone's name of likeness? A) Oral consent for using someone's image was provided more than 10 years ago. B) A minor agrees to appear in a commercial without parental consent. C) The consenting party's photograph is substantially altered by changing the original background of where the image was taken. D) All of the above.

D) All of the above.

When a trial court is determining whether or not a statement is defamatory, the: A) Judge must first rule upon whether the words are capable of defamatory meaning. B) Judge or jury must determine if the words convey a defamatory meaning. C) Judge and jury usually consider the ordinary meaning of the alleged defamatory words. D) All of the above.

D) All of the above.

Which of the following would likely be considered to be an all-purpose public figure? A) A well-known corporate executive like Bill Gates. B) A well-known national entertainer like David Letterman. C) A well-known local community leader who is heavily involved in civic activities and libeled by the community newspaper. D) All of the above.

D) All of the above.

Besides demonstrating the five legal criteria for libel, a plaintiff must show proof of injury to obtain: A) Actual damages. B) Special damages. C) Presumed damages. D) Both A and B are correct.

D) Both A and B are correct.

Summary judgment enables: A) A plaintiff to request an expedient decision by the judge prior to trial, contending there is no reasonable way a juror could find for the defendant. B) A defendant to request that a lawsuit be dismissed by the judge prior to trial, contending there is no reasonable way a juror could find for the plaintiff. C) A defendant to pursue a counter suit against the plaintiff immediately after the plaintiff files written allegations with the court. D) Both A and B are correct. E) All of the above.

D) Both A and B are correct.

Which of the following statements best characterizes the right to privacy and right to publicity concerning appropriation? A) Both rights are used synonymously and legally mean the same thing. B) The right to privacy protects a person's right to be free from embarrassment. C) The right to publicity protects an individual's property right, namely any value in their name or likeness. D) Both B & C are correct.

D) Both B & C are correct.

Which of the privacy torts may best address invasion of privacy that occurs on the Internet? A) Appropriation B) Intrusion C) Publication of private information D) Both B and C are correct

D) Both B and C are correct

Which of the following statements is correct regarding libel plaintiffs and the fault requirement? A) Private figures do not have to demonstrate fault. B) Public figures must demonstrate fault. C) Private figures must demonstrate fault. D) All citizens, whether public or private figures, must demonstrate fault.

D) All citizens, whether public or private figures, must demonstrate fault.

Which of the following professions might be party to a libel suit? A) Advertising copywriter B) Public relations representative C) Online journalist D) All of the above

D) All of the above

Actual malice applies as the fault requirement to all: A) Public officials. B) All-purpose public figures. C) Limited-purpose public figures. D) All of the above.

D) All of the above.

An important element of defamation includes demonstrating that the communication: A) Damaged a person's own perception of who they are. B) Resulted in actual harm to a person's reputation. C) Reached a significant majority of the population. D) All of the above.

D) All of the above.

As contained in the U.S. Supreme Court's review of Masson v. The New Yorker (1991), if a journalist publishes quotes that are inaccurate and materially false, the court will determine fault by examining whether the: A) False statements defamed the subject of the story. B) Journalist printed the quotes knowing they were false. C) Journalist printed the quotes despite strong reservations that they were false. D) All of the above.

D) All of the above.

If not used accurately, which of the following categories of words may result in defamatory meaning: A) Sexual promiscuity. B) Personal habits and traits. C) Ridicule. D) All of the above.

D) All of the above.

In addition to determining whether or not a statement is an opinion, the Ollman test includes examining the: A) Common or ordinary meaning of the words. B) Journalistic context of the remark. C) Social context of the remark. D) All of the above.

D) All of the above.

In determining whether businesses may be considered to be public figures in a libel suit, courts will examine if: A) The business is regulated by the government. B) The defamatory communication about the business centers around a matter of public concern. C) The business has adopted a highly unusual advertising or promotional campaign to draw attention to itself. D) All of the above.

D) All of the above.

Libelous publication on the Internet may occur in the form of: A) E-mail. B) Web page. C) Real-time chat. D) All of the above.

D) All of the above.

The absolute privilege defense may apply to: A) Reports of speech that occur in legislative forums. B) All speech made by government officials. C) News articles that quote official government publications. D) Defamatory communication that occurs during the official portions of a trial.

D) Defamatory communication that occurs during the official portions of a trial.

The "Booth Rule" enunciated in Booth v. Curtis Publishing Co. (1962) states that: A) Media must obtain consent before using photographs for news and advertising. B) Media must obtain consent before using photographs, but only if used for commercial purposes. C) Media may be liable for republication appropriation. D) News media may run previously published material in advertisements, but only if such ads are used to promote themselves.

D) News media may run previously published material in advertisements, but only if such ads are used to promote themselves.

Intrusion may be triggered by the: A) Publication of private information. B) Publication of misleading information. C) Publication of embarrassing information. D) None of the above.

D) None of the above.

Which of the following was part of the rationale behind the ruling in New York Times v. Sullivan (1964)? A) The case was completely different from seditious libel cases. B) The press should not lie or deceive the public when running attack ads. C) Expression may be curtailed if it damages individuals, even when used in the context to debate important public issues. D) Officers of the government should expect their performance to be scrutinized and criticized by the public.

D) Officers of the government should expect their performance to be scrutinized and criticized by the public.

Courts have determined that police officers are: A) Private persons. B) Public figures, but only when they are involved in controversial investigations. C) Public figures because they hold government positions that are publicly funded. D) Public officials because they protect the safety of citizens.

D) Public officials because they protect the safety of citizens.

The five elements that a plaintiff must successfully demonstrate in a libel suit against the mass media are: A) Publication, identification, harm, defamation, and falsity. B) Publication, identification, slander, falsity, and fault. C) Identification, harm, defamation, falsity, and malice. D) Publication, identification, defamation, falsity, and fault.

D) Publication, identification, defamation, falsity, and fault.

What type of damages would be awarded to punish a station for airing libelous material and send a warning message to others within the mass media? A) Actual damages B) Special damages C) Presumed damages D) Punitive damages

D) Punitive damages

When examining whether or not the mass media may be liable for intrusion when publishing or airing illegally obtained material, courts have generally found: A) The mass media is responsible in all circumstances. B) The mass media is not responsible in all circumstances. C) The mass media may be held responsible, but only in situations where the material is libelous. D) The mass media will not be held responsible in situations where the information has been obtained innocently.

D) The mass media will not be held responsible in situations where the information has been obtained innocently.

Criminal libel is founded on the theory that: A) making false statements is a crime against society generally. B) monetary damages alone are not enough of a deterrent to prevent libel from occurring. C) the government can more easily get compensation from a wrongdoer than a victim can. D) it is appropriate for the state to act on behalf of an injured party to prevent violence from occurring.

D) it is appropriate for the state to act on behalf of an injured party to prevent violence from occurring.