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Q:
What kind(s) of plaintiff(s) must prove actual malice in libel cases?
Q:
Explain the importance and impact of New York Times v. Sullivan.
Q:
Sam Stint lives in Midville, a town in which there are six used car dealers. All six of the dealers belong to a statewide organization of used car dealers called DORC (Dealers of Recycled Cars), which has a total of 200 members throughout the state. In looking for a late-model, low-mileage automobile costing no more than $750, Sam went to each of the six local dealers. Each told Sam that what he was looking for was not available, and each suggested instead that he look at late-model, low-mileage cars costing from $5,000 to $10,000. Sam was outraged. Sam wrote a letter to the editor of the town newspaper saying, in part, The DORC members in Midville are thieves. They are cheaters. They try to steal your money. They are totally dishonest. You shouldnt buy cars from them (Signed: Sam Stint). The newspaper printed the letter. The six local car dealers had their car sales drop by 50 percent or more during the two months after the letter was printed. All six of the businesses sued for libel. Will the car dealers be able to prove the first three elements of a libel suitpublication, identification, and defamation? Remember to include definitions and how the elements are proven in court.
Q:
A person who had tested positive for HIV, the virus that causes AIDS, was at a hospital for further tests and discussion with a doctor. The patient did not have the disease of AIDS, only the HIV virus in his body. When the patient entered the hospital examination room, where normally only the patient and physician would be present, he was asked if he would allow his photograph to be taken. At first, he refused. But the photographer and physician assured him that he would not be recognized because the photo would be taken from a back angle and in silhouette. No one said who the photographer was, but the patient assumed she was with the hospital and that the photo would be used for research purposes within the hospital. The patient agreed to allow the picture to be taken. In fact, however, the photographer was from the local paper that published the photo of the patient being examined by the doctor to illustrate a story that discussed the hospitals research on people who have the AIDS disease. The patient could be identified in the photo by a number of his friends, and he was terribly upset by his picture being used with the story. The patient wants to sue the newspaper for negligent infliction of emotional distress. Would that suit be successful? Why or why not?
Q:
Why did the Supreme Court rule in favor of the Westboro Baptist Church in the Snyder v. Phelps case? Did it matter if the Marines father was a public figure?
Q:
Which of the following is not among the criteria for the successful application of the neutral reportage libel defense?
a. The charges are made by a responsible and prominent source.
b. The charges are true.
c. The charges are reported accurately.
d. The charges focus on a public official or public figure.
Q:
What choice best describes the response of the nations courts to the neutral reportage libel defense?
a. Nearly all courts have embraced it.
b. About half of the courts accept it.
c. Most courts have not adopted it.
d. No court has yet accepted it.
Q:
Which of the following is not among the criteria for the successful application of the wire service defense?
a. The information was from a reputable news gathering agency.
b. The republisher did not know the story was false.
c. There was nothing to reasonably alert the defendant of a possible falsity.
d. The information was republished without any change.
Q:
List all the elements of the plaintiffs case in a libel lawsuit.
Q:
Plaintiffs rarely win negligent infliction of emotional distress lawsuits against the media because the media rarely can know to whom in their audiences they would owe a duty.
Q:
A person can commit defamation on social media (e.g., Twitter or Facebook).
Q:
A newspaper can act as a third party to assert the First Amendment right of an anonymous commenter in an online libel case.
Q:
Libel per se is a statement whose injurious nature is apparent and requires no further proof.
Q:
It is theoretically possible for one-time public figures to revert to private status with the passage of time. However, the courts have been inconsistent in their application of this concept.
Q:
Media defendants lose most intentional infliction of emotional distress cases primarily because courts find the media acted in an outrageous manner.
Q:
Public officials and public figures who sue for intentional infliction of emotional distress only have to prove negligence and not actual malice.
Q:
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.
Q:
Libel law balances the medias First Amendment rights against individuals right to protect what?
Q:
There are two categories of emotional distress lawsuits, that is, intentional infliction of emotional distress and negligent infliction of emotional distress.
Q:
Courts allowed plaintiffs to sue for emotional distress beginning a century ago when plaintiffs first brought such lawsuits.
Q:
Courts in some states allow plaintiffs to sue for emotional distress if the defendant violates a plaintiffs legal rights, such as defaming the plaintiff.
Q:
All plaintiffs bringing intentional infliction of emotional distress lawsuits must prove actual malice, regardless of whether the plaintiff is a private individual, a public official, or a public figure.
Q:
A plaintiff bringing an intentional infliction of emotional distress lawsuit must prove the defendants action was outrageous.
Q:
The U.S. Supreme Court upheld a jurys verdict in favor of Jerry Falwell against Hustler Magazine for libel in the Campari parody case.
Q:
Works of fiction can be the basis of successful libel claims.
Q:
Given the false implication that a series of accurate statements could create, a story whose elements are accurate individually still could be considered libelous.
Q:
The notion that an individuals reputation is something of value, possibly worth being protected by the law, did not develop until the 20th century.
Q:
No plaintiff suing the media for intentional infliction of emotional distress has been able to prove the media acted outrageously.
Q:
Based on a recent decision in the Ninth Circuit, bloggers are entitled to the protections provided in the Gertz case when ______. a. the blog post involves a matter of public concern b. only the blogger is a trained and credentialed journalist c. the blog post involves a private person and a private matter d. bloggers are never entitled to protection under Gertz
Q:
The Sullivan in New York Times v. Sullivan was an Alabama state senator.
Q:
Punitive damages usually provide the most monetary award.
Q:
In the United States, anyone considering filing a libel claim has 1 year from the date the material was published to file.
Q:
The requirement to prove fault in libel suits against the mass media applies to all plaintiffs whether public or private.
Q:
A private person becomes a limited-purpose public figure when the person is charged with a serious crime.
Q:
The U.S. Supreme Court has established a clear standard that applies to cases involving anonymous speech and libel.
Q:
The U.S. Supreme Court has held that unstated implications may not be grounds for a libel suit.
Q:
The U.S. Supreme Court has held that public officials and public figures bringing suits for intentional infliction of emotional distress must prove ______.
a. negligence
b. truth
c. actual malice
d. embarrassment
Q:
A plaintiff suing a TV station for negligent infliction of emotional distress must prove the station ______.
a. acted recklessly
b. had a duty to the plaintiff to use due care
c. acted with actual malice
d. had a limited concern for the plaintiff
Q:
What is trade libel?
a. criticism of products rather than people or businesses
b. criticism of other countries with whom the United States trades goods and services
c. criticism of people rather than products
d. anonymous criticism online
Q:
Which of the following is an element of the plaintiffs case when the plaintiff is claiming intentional infliction of emotional distress?
a. Defendant engaged in intentional or reckless conduct.
b. Defendants conduct was extreme and outrageous.
c. Defendant caused the plaintiffs severe emotional distress.
d. all of these
Q:
A century ago when plaintiffs first brought lawsuits claiming defendants caused them emotional distress, courts ______.
a. generally allowed the plaintiffs to sue
b. rarely allowed plaintiffs to recover for emotional distress
c. allowed only public officials and public figures to recover for emotional distress
d. allowed only private individuals to recover for emotional distress
Q:
In a newspaper gossip column, Sally wrote that she did not like Sams hair, which he had dyed purple. Sam felt insulted and sued Sally for intentional infliction of emotional distress. Sam will ______.
a. win the lawsuit because Sally insulted him
b. win the lawsuit if he can prove actual malice
c. lose the lawsuit because insults are not outrageous
d. lose the lawsuit if Sally can prove actual malice
Q:
Colin, a Channel 3 reporter, rushed to an auto accident scene. He saw two young children leaving an ice cream store. Without seeking anyones permission and with his camcorder running, Colin asked the children what they knew about a truck that had hit a parked red car killing the person sitting in the car. That was the childrens first realization that their father was dead. Acting for the children, their mother sued Channel 3 for intentional infliction of emotional distress. It is likely a court will find that ______.
a. Channel 3s reporter acted in an extreme and outrageous way
b. Channel 3s reporter acted reasonably when he interviewed the children
c. Channel 3 will win the case if the videotape was not aired
d. Channel 3 will win the case if the children were more than 10 years old
Q:
Remarks aired on a radio or television station are likely to be found extreme and outrageous if ______.
a. the remarks were made on a call-in program
b. the station carries The Howard Stern Show
c. the person saying the words knew the plaintiff was particularly susceptible to emotional distress
d. the person saying the words had met the plaintiff before the broadcast
Q:
To win an intentional infliction of emotional distress suit, a plaintiff must show the defendant ______.
a. wanted the plaintiff to suffer physical injury
b. knew his or her actions or speech would cause emotional distress
c. acted negligently
d. acted in a reckless way that could cause emotional distress
Q:
The Daily Press prints a story quoting a public university administratorthe dean of sciencessaying that nearly all students in the universitys School of Journalism and Mass Communication (SJMC) are binge drinkers and come to class drunk. There are 400 SJMC students. Mary Smith, a senior in SJMC, knows that is not true about her and she wants to sue for libel. Smith could ______.
a. successfully sue for libel
b. not successfully sue for libel because the Daily Press has an absolute privilege to quote the university administrator
c. not successfully sue for libel because the statement contains nothing a jury could find defamatory
d. not successfully sue for libel because she could not prove identification
Q:
In determining if a libel defendant acted with actual malice, courts will consider which of the following?
a. Was publication urgent, that is, was it a hot story?
b. How credible were the sources used for the story?
c. Was the plaintiff (i.e., the subject of the story) interviewed?
d. all of these
e. none of these
Q:
Which element of the libel plaintiffs case is most directly associated with damaged reputation?
a. identification
b. defamation
c. falsity
d. fault
Q:
Jerome tells Chris, a reporter for the Gazette, that Ron robbed a local bank. The Gazette prints the story. Ron claims the story is not true and sues for libel. Ron ______.
a. can successfully sue the Gazette because it republished a libel
b. cannot successfully sue the Gazette because it only republished a libel
c. cannot successfully sue the Gazette because it accurately printed what Jerome told Chris
d. can successfully sue Chris, but not the Gazette, because Chris wrote the story
Q:
Words within direct quotation marks ______.
a. never can be grounds for a libel suit
b. can be the basis of a successful libel suit if they substantially change the meaning of what the plaintiff actually said
c. always can be grounds for a libel suit if they are not exactly the words spoken by the plaintiff
d. cannot be the basis for a libel suit because the speaker gave consent
Q:
Elements that could help show actual malice include ______.
a. failure to check facts
b. quickly publishing a story when the news is not hot
c. fabricating interviews
d. all of these
e. none of these
Q:
How long from the initial date of publication of an alleged libel does a potential plaintiff have to file a libel suit?
a. 1 year
b. 2 years
c. 3 years
d. it depends on the state
Q:
The purpose of retraction statutes is to ______.
a. mitigate the damages a libel defendant may be required to pay
b. reduce any chilling effect on the issuance of retractions when mistakes are made by the media
c. discourage the issuance of retractions by leveling additional damages against guilty libel defendants that make retractions
d. mitigate the damages a libel defendant may be required to pay, and reduce any chilling effect on the issuance of retractions when mistakes are made by the media
Q:
Emotional distress is defined as ______.
a. being insulted
b. being mildly upset
c. being frightened or extremely anxious
d. feeling nauseous
Q:
A newspaper story says that most of the 250 members of the Associated Waterworks Union are corrupt. Sam Jones, one of the union members, ______.
a. may sue for libel on grounds that he was defamed
b. may not sue for libel because he cannot prove fault
c. may not sue for libel because he cannot prove identification
d. could sue for libel if there were only 200 members of the union
Q:
George and his wife, Louise, watch a nightly newscast on Channel 8. The newscast incorrectly reports that George is accused of stealing money from the business of which he is chief financial officer. Louise is concerned the report reflects badly on her. She calls her lawyer and tells her to sue Channel 8 for libel. Louises lawyer says: ______.
a. Louise stands a good chance of winning her case.
b. Louise cannot win her case.
c. Louise and George would have to bring the suit together in order for Louise to win her case.
d. George would have to sue on the basis of how the report affected Louise.
Q:
Many of the speech harms identified by Congress and reviewed by the Supreme Court either implicitly or explicitly incorporate the notion of a reasonable person. Critique this reasonable person standard given the First Amendments apparent assumption that laws should not unnecessarily abridge the freedom of speech.
Q:
The notion that the mere threat of any kind of lawsuit decreases the aggressiveness of the news media and their willingness to pursue and publish/broadcast hard-hitting stories is most commonly referred to as ______.
a. actual malice
b. chilling effect
c. common law malice
d. rhetorical hyperbole
Q:
Which phrase is most closely synonymous with celebrity?
a. public official
b. all-purpose public figure
c. limited-purpose public figure
d. plaintiff
Q:
Which term is defined as an attempt by a libel defendant to enhance its defense by claiming that the statement over which it is being sued made the defendant a public figure?
a. libel proof plaintiff
b. tort statute
c. bootstrapping
d. rhetorical hyperbole
Q:
Joan is intent on getting the City of Westview to build more bike lanes. She has written many letters to the local paper, been a guest on local radio talk shows, appeared numerous times before the city council, and even paid for a billboard urging her cause. One day a local radio station talk show host says that two years ago Joan ran her car into a bicyclist who was riding in a bike lane. Joan says the story is false and sues the station (and the show host) for libel. What level of fault will Joan have to prove, and why?
a. actual malice, because the majority of states require plaintiffs suing the press for libel to prove actual malice
b. negligence, because Joan is a private individual
c. negligence, because the libelous statement does not directly relate to the public controversy
d. actual malice, because Joan is a limited-purpose public figure as she voluntarily thrust herself into a public controversy
Q:
A student at Glorious State University (GSU), with 500 faculty, sends an e-mail message to all members of her media law class saying, Many GSU facultyin all departmentssell heroin to the students. A GSU English professor likely ______.
a. could not successfully sue for libel because the professor could not prove identification
b. could not successfully sue for libel because the statement contains nothing a jury could find defamatory
c. could successfully sue for libel
d. could not successfully sue for libel because the statement contains nothing a jury could find defamatory, and could successfully sue for libel
Q:
Under the Supreme Courts ruling in Tinker v. Des Moines Independent School District, school administrators may punish student speech that does not disrupt school.
Q:
Words directed at an individual with an intention to inflict injury or incite immediate illegal actions are called fighting words.
Q:
The tendency of the government to suppress speech increases during periods of increased national fear and instability.
Q:
The Supreme Court has held that student speech rights must be balanced against the needs of the schools.
Q:
The Supreme Court currently uses the clear and present danger test to decide when the First Amendment allows government to punish disruptive speech.
Q:
Only when media intentionally and directly harm an individual will they be found negligent.
Q:
Discuss the test developed by the U.S. Supreme Court in Brandenburg v. Ohio, explain how it relates to the bad tendency and clear and present danger tests, and describe its role in U.S. Supreme Court decision-making.
Q:
When can school administrators regulate the content of student speech in public schools, and how does the Court justify permitting such infringements of free speech?
Q:
Using the case of Frederick v. Morse as one example to illustrate your points, discuss how the U.S. Supreme Court views the power of government to regulate off-campus or online speech by public school students.
Q:
Supreme Court decisions have developed numerous categories of speech in an effort to establish clearly when speech that may harm, frighten, intimidate, offend, or infringe the civil liberties of others is/is not protected under the First Amendment. Use the category of speech incitement to discuss the ways in which speech categories do not always succeed in clarifying the boundaries of protected speech.
Q:
In both R.A.V. v. St. Paul and Virginia v. Black, the U.S. Supreme Court held that cross-burning is such a harmful category of speech that it may be banned or punished by government.
Q:
The U.S. Supreme Court generally has found university speech codes constitutional because they advance the educational interests of university administrators.
Q:
If speech and action are mixed together, such as in the symbolic act of burning a flag, the speech deserves no greater protection from regulation than would a nonsymbolic action, such as burning trash.
Q:
First Amendment protections are not absolute.
Q:
National security and the education and protection of immature children are sufficiently important government interests that laws to advance these interests may infringe upon First Amendment rights without violating the Constitution.
Q:
Since the Supreme Courts ruling in R.A.V. v. St. Paul, anti-hate speech ordinances are presumptively constitutional.
Q:
Under the symbolic speech doctrine, the First Amendment provides no protection from government regulation of actions intended to convey messages.
Q:
An as-applied challenge to a law generally occurs before a law takes effect.