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Q:
The burden of proving truth or falsity of the material generally falls on the plaintiff.
Q:
The cost of defending against a libel suit is as much of a problem for the press as multi-million dollar judgments.
Q:
It is impossible for an individual to sue for libel based on material contained in a TV drama or a novel because these are obviously fiction.
Q:
It is always the judge's responsibility in a libel suit to decide whether the words are defamatory.
Q:
Most former libel plaintiffs interviewed in a major study said they favored going to court to protect their reputation as opposed to using some other means to resolve the problem.
Q:
A person who is libel proof will have difficulty winning a libel suit because
A.of the fault rule.
B.there is insufficient identification.
C.he or she resides outside the court's jurisdiction.
D.his or her reputation was seriously damaged even before the publication of the libel.
Q:
Republishing a widespread rumor is protected from a libel suit by the First Amendment.
Q:
With the growth of the Internet, libel lawsuits involving online material
A.usually stem from publications by aggregators.
B.result in enormous damage awards.
C.are most often initiated by celebrities and sports stars.
D.None of the above is correct.
Q:
Which of the following was not a reason the Supreme Court used to justify its ruling against L.B. Sullivan in his libel suit against The New York Times?
A.Sullivan had not been identified in the advertisement.
B.The Times circulated only a few copies in Alabama.
C.Sullivan could not show any harm.
D.None of these reasons were used.
Q:
The single mistake rule states that
A.a publication or broadcasting station is immune from paying damages unless it loses more than a single libel action.
B.a newspaper cannot fire a reporter for making a single mistake in a story that results in a libel suit.
C.it is not always defamatory to report that a professional or business person has made a single error.
D.an appellate court cannot overturn a jury verdict in a libel case if the jurors have made only a single mistake in applying the law.
Q:
A publication could be regarded as exhibiting actual malice if it published material
A.that had been rejected by other publications.
B.that had been aggregated from various online blogs.
C.if there was evidence that it harbored serious doubts about the truth of the material.
D.None of the above is correct.
Q:
In an effort to stop so-called libel tourism cases
A.great Britain is considering making it more difficult for plaintiffs to win such cases.
B.congress passed legislation that protects American defendants.
C.some states prohibit their courts from enforcing foreign libel judgments.
D.All of the above are true.
Q:
Some courts have used three criteria suggested by the U.S. Supreme Court to decide whether a reporter or editor exhibited reckless disregard for the truth. Which of the following is not one of these three?
A.Was there time to check the story?
B.How reliable was the source of the story?
C.Was the story probable?
D.Was the story verified by two independent sources?
Q:
Anti-SLAPP laws
A.exist only in California and Florida.
B.have been ruled to be unconstitutional.
C.have been adopted in more than half the states.
D.are largely ineffective.
Q:
Which of the following businesses would most likely to be regarded as a public figure in a libel case?
A.A produce distributor that was accused by the government of selling lettuce contaminated by pesticides.
B.A big box store that was accused of paying female and non-native American employees less than native-American male employees.
C.A car dealer who smashes new cars with a sledge hammer to draw attention to her dealership.
D.All would be regarded as public figures in a libel action.
Q:
Libel law has existed for several centuries. Why is it a more serious problem for the mass media in the 21st century?
Q:
In the 1967 ruling in AP v. Walker, Curtis v. Butts, the Supreme Court laid down a test for
A.libel per se.
B.truth.
C.actual malice.
D.none of the above.
Q:
The plaintiff carries the initial burden of proof in a libel action. What five elements must the plaintiff prove to meet this burden?
Q:
A reporter who deliberately alters a direct quote from a news source may be guilty of actual malice if
A.the alteration results in a material change in the meaning of the statement.
B.the altered material turns out to be false.
C.the alteration puts the quoted individual in a bad light.
D.the alteration is the result of a failure to exercise reasonable care.
Q:
A news vendor who sells a newspaper or magazine is just as responsible for a libelous charge as the publisher who originally made the charge, but is much harder to sue because of the jurisdictional problems.
Q:
Bootstrapping in libel law occurs when
A.the press creates a controversy by reporting on an issue or event, and then pulls the plaintiff into the story.
B.two or more libel actions are filed at the same time against the same defendant.
C.the plaintiff pulls the reporters who prepared the story into court as well as the publication or broadcast outlet.
D.the plaintiff sues the on-line service provided as well as the individual who generated the web site.
Q:
A libelous statement is something that injures an individual's character but not his or her reputation.
Q:
In determining whether an individual is a limited purpose public figure for purposes of a libel action, a court will consider
A.whether the individual was involved in a controversy.
B.the nature of the controversy in which the individual was involved.
C.the role played by the individual in the controversy.
D.all of the above.
Q:
Libel law is generally less protective of men than it is of women when allegations of sexual misconduct are published.
Q:
According to the textbook, some lower courts now are stretching the U.S. Supreme Court's ruling in which one of the following four cases beyond its narrow and rather unique facts?
A.Tinker v. Des Moines Independent Community School District
B.Hazelwood School District v. Kuhlmeier
C.Bethel School District v. Fraser
D.Morse v. Frederick
Q:
Places like prisons, military bases and utility poles typically are treated by courts to be designated public forums.
Q:
When it comes to state laws prohibiting price advertisements for alcoholic beverages in college newspapers:
A.courts agree that such laws are constitutional.
B.courts disagree about whether such laws are constitutional.
C.courts agree that such laws are unconstitutional.
D.only one court has considered whether such laws are constitutional.
Q:
Which of the following cannot sue for civil libel?
A.Any living person who has been libeled.
B.Any corporation that has been libeled.
C.The estate of any dead person who has been libeled.
D.Any corporate officer who has been libeled.
Q:
Set forth completely and accurately the rule created by the United States Supreme Court for determining when public school administrators may permissibly censor speech that appears in a school-sponsored newspaper.
Q:
A newspaper reports that an individual is a sex offender who has not registered with the state. Which of the following descriptions of this individual would not sufficiently identify this person for purposes of a libel suit?
A.The man who lives at 4276 Oak Street in Middleton, Wisconsin.
B.A Middleton, Wisconsin, resident who is one of three male faculty members in the Department of Nutritional Sciences at the University of Wisconsin.
C.A 45-year-old Middleton, Wisconsin, resident.
D.All of these would be sufficient identification.
Q:
Identify any two of the 10 "most challenged" books of 2012 identified by the American Library Association and named in Chapter 3.
Q:
In evaluating the truth or falsity of an article, a court will consider
A.the motives of the defendant.
B.material errors of fact.
C.whether there was time to check the story.
D.all of the items listed above.
Q:
According to the textbook, what is the issue regarding student speech rights that the U.S. Supreme Court has not yet considered but that it should address?
Whether schools can, without violating students' First Amendment rights, punish students who use their own home computers, outside of school and on their own time, to post Internet content that ridicules their teachers, administrators or classmates. In other words, can schools punish students on campus for off-campus-created expression on the Internet?
Q:
Section 230 of the Communications Decency Act will not protect an online service provider from liability for transmitting unlawful content provided by a third party if
A.the content is libelous.
B.the content can result in causing unlawful consequences.
C.the online service provider has in some way encouraged the creation of the illegal content.
D.None of the above would cause liability for the OSP.
Q:
Identify three things that the Clery Act requires of all colleges and universities that participate in federal student-aid programs.
Q:
In the 21st Century, most states regard libel and slander
A.as the same tort.
B.as criminal actions.
C.as federal matters.
D.as violations of the First Amendment.
Q:
As discussed in the textbook, what is a major problem that occurs each year on college campuses across the country affecting student newspapers that only a few states have laws designed to address it?
Q:
Identify the four criteria that must be satisfied for a time, place and manner regulation to pass constitutional muster under the intermediate scrutiny standard of judicial review.
Q:
What is a "Son of Sam" law?
Q:
In 2012, the U.S. Supreme Court in American Tradition Partnership, Inc. v. Bullock refused to reconsider or overrule its controversial 2010 decision in the case of _____________ v. ______________.
Q:
The speech at issue in the 2011 U.S. Supreme Court case of Snyder v. Phelps took place near a _______________.
Q:
The speech at issue in the student-expression case of Morse v. Frederick involved a banner that read ___________________________________.
Q:
In ACLU of Florida v. Miami-Dade County School Board, a federal appellate court in 2009 held that the school board violated the First Amendment when it removed from school libraries particular books about Cuba.
Q:
The Leonard Law applies only in California.
Q:
The U.S. Supreme Court has identified a list of seven words that it always deems "fighting words."
Q:
Places like public parks and street corners typically are treated by courts as traditional public forums.
Q:
With the Correct Year: The First Amendment was adopted in the year ______.
Q:
The balancing theory that weighs the interests in any situation on a case-by-case basis is known as ________ balancing.
Q:
In order to justify a regulation on speech under the strict scrutiny standard of judicial review, the government must prove that it has a __________ interest.
Q:
The outcome of the seditious libel trial involving John Peter Zenger represents an example of jury nullification.
Q:
A judge held in 2012 that a man who stripped naked at an airport security checkpoint to protest privacy-invasive security measures was engaging in symbolic speech.
Q:
The 2009 appellate court ruling in Plame Wilson v. Central Intelligence Agency best illustrates the point that:
A.government employees who sign secrecy agreements may be subject to prior restraints.
B.community censorship of the speech of government employees is unconstitutional.
C.jury nullification is a key problem in cases involving the Central Intelligence Agency.
D.the access theory supports the disclosure of Central Intelligence Agency documents.
Q:
The First Amendment was an effective tool in blocking prosecutions under the Espionage Act of 1917.
Q:
In Near v. Minnesota, the Supreme Court ruled that:
A.prior restraint was unconstitutional in any circumstance.
B.prior restraint was unconstitutional in this case.
C.prior restraint may be used to block the publication of anti-Semitic newspapers.
D.prior restraint was not unconstitutional.
Q:
In 2010, the U.S. Supreme Court in United States v. Stevens refused to create a new category of unprotected speech for videos depicting images of animal cruelty.
Q:
As described in the textbook, the access theory of freedom of expression can be seen as a remedy to correct some of the flaws with which one of the following other theories?
A.Meiklejohnian theory
B.Marketplace of ideas theory
C.Absolutist theory
D.Self-Realization theory
Q:
The firing of Don Imus for his "nappy-headed hos" is an example of censorship by the Federal Communications Commission.
Q:
The concept of a "heckler's veto" best relates to which one of the following?
A.A dissenting opinion that is both critical of the majority opinion and that later, when the case is re-heard by the court, prevails.
B.A concurring opinion that joins with the majority opinion to create a five-judge block that vetoes the dissenting opinion.
C.The reaction of a crowd to a speaker that silences and prevents the speaker from continuing with his or her message.
D.The situation that occurs when irrational ideas are allowed to triumph over rational ideas in the marketplace of ideas theory of free expression.
Q:
The idea that Internet Service Providers (ISPs) should treat all Internet traffic and content similarly is best reflected by the concept known as
A.access reciprocity.
B.online equality.
C.non-discriminatory web proliferation.
D.net neutrality.
Q:
The incorporation doctrine links the First Amendment with the:
A.Second Amendment.
B.Third Amendment.
C.Tenth Amendment.
D.Fourteenth Amendment.
Q:
In 2011, a federal court in Dariano v. Morgan Hill Unified School District upheld a school policy forbidding students from wearing clothes featuring images of which one of the following flags on one particular day of the year?
A.Russian
B.American
C.Confederate
D.Canadian
Q:
The Brandenburg test for incitement is also commonly used in:
A.libel cases.
B.invasion of privacy cases that involve the intrusion tort.
C.obscenity cases.
D.wrongful death actions aimed at the mass media.
Q:
In 2011, the U.S. Supreme Court held in Snyder v. Phelps that the speech of the members of the Westboro Baptist Church
A.was protected by the First Amendment.
B.was not protected by the First Amendment because it constituted fighting words.
C.was not protected by the First Amendment because it constituted hate speech.
D.was not protected by the First Amendment because it constituted obscenity.
Q:
The case of United States v. Bell involved a prior restraint on:
A.national security secrets.
B.fraudulent tax advice.
C.a newspaper publishing false statements about public officials.
D.a newspaper publishing false statements about a child.
Q:
In order to justify censorship of the speech of a public school student that is sexually lewd, vulgar or offensive, a principal would be wise to look to the precedent and rule created by the U.S. Supreme Court in which one of the following cases?
A.Tinker v. Des Moines Independent Community School District
B.Hazelwood School District v. Kuhlmeier
C.Bethel School District v. Fraser
D.Morse v. Frederick
Q:
Several decades prior to the community censorship involving the Dixie Chicks in 2003, country music stations refused to play the songs of another female country music performer. As described in the textbook, who was the performer and what were the songs in question about?
Q:
In the case of Barber v. Dearborn Public Schools involving a t-shirt that carried a political message, a federal judge applied the rule and precedent from which of the following four U.S. Supreme Court decisions?
A.Tinker v. Des Moines Independent Community School District
B.Hazelwood School District v. Kuhlmeier
C.Bethel School District v. Fraser
D.Morse v. Frederick
Q:
Set forth the four components or elements of the test articulated by the United States Supreme Court in Brandenburg v. Ohio.
Q:
In 2010, the U.S. Supreme Court in Citizens United v. Federal Elections Commission
A.upheld a law restricting the speech rights of candidates for President.
B.upheld a law restricting spending by corporations on political advertising.
C.declared unconstitutional a law restricting the speech rights of candidates for President.
D.declared unconstitutional a law restricting spending by corporations on political advertising.
Q:
Identify the two basic elements or parts of the symbolic speech doctrine.
Q:
In 2012, the Student Press Law Center (SPLC) reported about how many different incidents of student newspapers being stolen on college and university campuses across the United States?
A.0 - 10
B.11 - 20
C.20 - 30
D.more than 30
Q:
As listed and described in the textbook, set forth the four key rules that are important to understand when the government engages in a prior restraint on speech.
Q:
The U.S. Supreme Court's opinion in the case of McIntyre v. Ohio Elections Commission involving Margaret McIntyre reveals that, in some instances, there is a First Amendment right to engage in what type of speech?
A.fighting words
B.anonymous speech
C.hate speech
D.commercial speech
Q:
Explain what is meant by Absolutist Theory.
Q:
10.Which of the following is not a sanction that may be used by the FTC to control false advertising?
A.consent order
B.ad substantiation
C.corrective advertising
D.reciprocal order
Q:
Laws limiting minors' access to video games depicting violent images are subject to the standard of judicial review known as:
A.intermediate scrutiny.
B.reasonable review.
C.strict scrutiny.
D.rigorous review.
Q:
12.Identify the two critical components of the FTC's rules against deceptive advertising.
Q:
A primary goal of free speech in Meiklejohnian theory is:
A.self-realization.
B.the voting of wise decisions.
C.protecting artistic expression.
D.discovery of the truth.
Q:
13.Identify the three requirements that the government must satisfy in order to regulate an advertisement that is not deceptive or does not promote an illegal activity?
Q:
The U.S. Supreme Court's 2012 ruling in United States v. Alvarez struck down part of a federal law known as the:
A.Stolen Valor Act.
B.Patriot Act.
C.Anti-Terrorism Prosecution Act.
D.Sedition Act.