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Question
If a court uses the incitement test when a mass medium is sued for causing physical harm, the plaintiff ______.
a. has to prove only that s/he was harmed by the medium
b. almost always wins
c. usually wins if the damage is physical
d. rarely wins
Answer
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Related questions
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Which of the following is defined as an invented mark or a made-up word?
a. arbitrary mark
b. fanciful mark
c. suggestive mark
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Kim is a freelance journalist who writes a story about river pollution. Kim's copyright on the story will last for ______ a. 125 years from the date he wrote the story b. his lifetime plus 70 more years c. 28 years, renewable for another 28 years d. 75 years
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a. scientific discoveries b. historical events c. a story published on a newspapers front page d. all of these
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Whether a plaintiff is considered a public figure for purposes of a libel suit can depend on the nature of the material being publishedspecifically whether it relates to a matter of public concern.
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A newspaper can act as a third party to assert the First Amendment right of an anonymous commenter in an online libel case.
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There are two categories of emotional distress lawsuits, that is, intentional infliction of emotional distress and negligent infliction of emotional distress.
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Q:
To win an intentional infliction of emotional distress suit, a plaintiff must show the defendant ______.
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A century ago when plaintiffs first brought lawsuits claiming defendants caused them emotional distress, courts ______.
a. generally allowed the plaintiffs to sue
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Q:
Emotional distress is defined as ______.
a. being insulted
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Q:
The purpose of retraction statutes is to ______.
a. mitigate the damages a libel defendant may be required to pay
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Students in all public educational institutions, whether primary schools or universities, enjoy the same protection from regulation of their speech.
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Fighting words ______.
a. are words said in the heat of the moment
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The First Amendment does not limit the power of state or local legislatures.
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Originalists believe that interpretation of the Constitution should be guided by the actual text of the document.
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A classical prior restraint imposes broad government power to review and select acceptable content before ideas are published.
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Functionalists, or instrumentalists, believe that the First Amendment protects the freedom of speech and of the press only because these freedoms advance important societal goals, such as democracy.
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The First Amendment stands as a nearly absolute ban to prior restraint.
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Textualists believe that interpretation of the Constitution should be guided entirely by its own language without reference to history or contemporary issues.