Question 1

Why did the 9th Circuit court provide TheDirty.com Section 230 immunity?

Accepted Answer

A) Because the website owner's additional comments did not materially contribute to the defamatory content of the third-party (user)statements 
B) Because the speech in question was anonymous 
C) Because there is no statute of limitations in these cases 
D) All of the above 
A) Because the website owner's additional comments did not materially contribute to the defamatory content of the third-party (user)statements 
B) Because the speech in question was anonymous 
C) Because there is no statute of limitations in these cases 
D) All of the above A

Question 2

Rhetorical hyperbole is a libel defense.

Accepted Answer

A) True 
 B)False  True

Question 3

Section 230 of the Communications Decency Act

Accepted Answer

A) protects Internet service providers (ISPs)from libel when others create potentially libelous content,although the protection is not absolute 
B) does not apply to libel law 
C) protects anyone who posts libelous content online 
D) provides absolute protection for Internet service providers (ISPs)from libel when others create potentially libelous content 
A) protects Internet service providers (ISPs)from libel when others create potentially libelous content,although the protection is not absolute 
B) does not apply to libel law 
C) protects anyone who posts libelous content online 
D) provides absolute protection for Internet service providers (ISPs)from libel when others create potentially libelous content A

Question 4

A newspaper runs a column on the editorial page once a week written by Julie James.The column is entitled "My Opinion." One week,James writes a column about animals,such as cats and dogs,being stolen from people's yards and being sold to medical and cosmetic testing laboratories.The column includes information from police reports and statements from some people whose animals were stolen.The columnist makes clear that she thinks stealing animals for experimental purposes is a terrible thing to do.Then the column says,"Sam Jones,a deputy sheriff in Adams County,has received some of these animals and sold them to George Smith.Smith,in turn,sold them to the testing labs.While it is unclear whether Jones knew the animals were stolen,he knew that he was being a rotten and repulsive person,and dealing with people who-like himself-are among the lowest of the low." Jones brings suit for libel based on the words "rotten," "repulsive," and "lowest of the low." Assuming Jones can prove all the elements of the plaintiff's case,what is the newspaper's (and columnist's)one best defense? Will it be a successful defense? Why or why not?

Accepted Answer

The best defense would be to argue that

Question 5

The fair report privilege covers officials and proceedings in the executive,judicial,and legislative branches of state,local,and federal governments and,often,private individuals communicating with the government.

Accepted Answer

A) True 
 B)False

Question 6

When does the neutral reportage defense apply?

Accepted Answer

A) When a story is newsworthy and related to a public controversy 
B) When an accusation is made by a responsible person or group 
C) When the story is accurate,contains other views,and is reported in a neutral way 
D) All of the above 
A) When a story is newsworthy and related to a public controversy 
B) When an accusation is made by a responsible person or group 
C) When the story is accurate,contains other views,and is reported in a neutral way 
D) All of the above

Question 7

A libel plaintiff has to prove only one element of his or her case in order to succeed,whereas a libel defendant is required to prove every possible defense.

Accepted Answer

A) True 
 B)False

Question 8

What choice below best describes the response of the nation's courts to the neutral reportage libel defense?

Accepted Answer

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 
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

Question 9

How long from the initial date of publication of an alleged libel does a potential plaintiff have to file a libel suit?

Accepted Answer

A) 1 year 
B) 2 years 
C) 3 years 
D) it depends on the state 
A) 1 year 
B) 2 years 
C) 3 years 
D) it depends on the state

Question 10

The only requirement in using the fair report privilege as a libel defense is that the report be fair.

Accepted Answer

A) True 
 B)False

Question 11

According to the libel-proof plaintiff doctrine,

Accepted Answer

A) certain public officials are in such important positions that the media are forbidden from libeling them 
B) certain public officials are in such important positions that they cannot sue the media for libel 
C) people with already bad reputations have an easier time winning libel lawsuits 
D) some people have reputations so bad that even false and defamatory claims cannot harm their reputations any further 
A) certain public officials are in such important positions that the media are forbidden from libeling them 
B) certain public officials are in such important positions that they cannot sue the media for libel 
C) people with already bad reputations have an easier time winning libel lawsuits 
D) some people have reputations so bad that even false and defamatory claims cannot harm their reputations any further

Question 12

The criteria for judging whether a statement was an expression of opinion was established by the U.S.Supreme Court in the Ollman case.

Accepted Answer

A) True 
 B)False

Question 13

What is the name given to the libel defense that asserts the reputation of the person suing is already so bad that a false report about him/her cannot damage it any further?

Accepted Answer

Libel-proo

Question 14

Given a choice between using the fair comment defense or the opinion defense,a libel defendant should use the opinion defense because it is based on the First Amendment.

Accepted Answer

A) True 
 B)False

Question 15

Courts have determined that under Section 230 gossip websites like TheDirty.com are protected the same as Internet service providers (ISPs).

Accepted Answer

A) True 
 B)False

Question 16

The idea that material cannot be libelous when it is unbelievable relates to which libel defense?

Accepted Answer

A) wire service 
B) fair comment and criticism 
C) neutral reportage 
D) rhetorical hyperbole 
A) wire service 
B) fair comment and criticism 
C) neutral reportage 
D) rhetorical hyperbole

Question 17

When does Section 230 immunity apply to an ISP or website?

Accepted Answer

A) When the ISP/website is a content creator 
B) When the ISP/website interacts directly with the content 
C) When the ISP/website corrects,edits,adds,or removes content,as long as they don't substantially alter the meaning of the content 
D) All of the above 
A) When the ISP/website is a content creator 
B) When the ISP/website interacts directly with the content 
C) When the ISP/website corrects,edits,adds,or removes content,as long as they don't substantially alter the meaning of the content 
D) All of the above

Question 18

Which of the following is not one of the requirements of the fair report/qualified privilege?

Accepted Answer

A) The information must be obtained from a record,proceeding,or individual recognized as "official" 
B) The news report must be concerning a matter of public controversy 
C) The news report must fairly and accurately reflect what is in the public record or what was said during the official proceeding 
D) The source of the statement should be clearly noted in the news report 
A) The information must be obtained from a record,proceeding,or individual recognized as "official" 
B) The news report must be concerning a matter of public controversy 
C) The news report must fairly and accurately reflect what is in the public record or what was said during the official proceeding 
D) The source of the statement should be clearly noted in the news report

Question 19

Which of the following is not among the criteria for the successful application of the neutral reportage libel defense?

Accepted Answer

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 
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

Question 20

Over time,the neutral reportage has become one of the most-used libel defenses because of its acceptance by courts nationwide.

Accepted Answer

A) True 
 B)False

Why did the 9th Circuit court provide TheDirty.com Section 230 immunity?

Rhetorical hyperbole is a libel defense.

Section 230 of the Communications Decency Act

The fair report privilege covers officials and proceedings in the executive,judicial,and legislative branches of state,local,and federal governments and,often,private individuals communicating with the government.

When does the neutral reportage defense apply?

A libel plaintiff has to prove only one element of his or her case in order to succeed,whereas a libel defendant is required to prove every possible defense.

What choice below best describes the response of the nation's courts to the neutral reportage libel defense?

How long from the initial date of publication of an alleged libel does a potential plaintiff have to file a libel suit?

The only requirement in using the fair report privilege as a libel defense is that the report be fair.

According to the libel-proof plaintiff doctrine,

The criteria for judging whether a statement was an expression of opinion was established by the U.S.Supreme Court in the Ollman case.

What is the name given to the libel defense that asserts the reputation of the person suing is already so bad that a false report about him/her cannot damage it any further?

Given a choice between using the fair comment defense or the opinion defense,a libel defendant should use the opinion defense because it is based on the First Amendment.

Courts have determined that under Section 230 gossip websites like TheDirty.com are protected the same as Internet service providers (ISPs).

The idea that material cannot be libelous when it is unbelievable relates to which libel defense?

When does Section 230 immunity apply to an ISP or website?

Which of the following is not one of the requirements of the fair report/qualified privilege?

Which of the following is not among the criteria for the successful application of the neutral reportage libel defense?

Over time,the neutral reportage has become one of the most-used libel defenses because of its acceptance by courts nationwide.

The Rule of Law

The First Amendment

Speech Distinctions

Libel: the Plaintiffs Case

Protecting Privacy

News-Gathering

Reporters Privilege

The Media and the Courts

Electronic Media Regulation

Obscenity,indecency,and Violence

Intellectual Property

Advertising

Filters

Exam 5: Libel: Defenses and Privileges

Why did the 9th Circuit court provide TheDirty.com Section 230 immunity?

Rhetorical hyperbole is a libel defense.

Section 230 of the Communications Decency Act

The fair report privilege covers officials and proceedings in the executive,judicial,and legislative branches of state,local,and federal governments and,often,private individuals communicating with the government.

When does the neutral reportage defense apply?

A libel plaintiff has to prove only one element of his or her case in order to succeed,whereas a libel defendant is required to prove every possible defense.

What choice below best describes the response of the nation's courts to the neutral reportage libel defense?

How long from the initial date of publication of an alleged libel does a potential plaintiff have to file a libel suit?

The only requirement in using the fair report privilege as a libel defense is that the report be fair.

According to the libel-proof plaintiff doctrine,

The criteria for judging whether a statement was an expression of opinion was established by the U.S.Supreme Court in the Ollman case.

What is the name given to the libel defense that asserts the reputation of the person suing is already so bad that a false report about him/her cannot damage it any further?

Given a choice between using the fair comment defense or the opinion defense,a libel defendant should use the opinion defense because it is based on the First Amendment.

Courts have determined that under Section 230 gossip websites like TheDirty.com are protected the same as Internet service providers (ISPs).

The idea that material cannot be libelous when it is unbelievable relates to which libel defense?

When does Section 230 immunity apply to an ISP or website?

Which of the following is not one of the requirements of the fair report/qualified privilege?

Which of the following is not among the criteria for the successful application of the neutral reportage libel defense?

Over time,the neutral reportage has become one of the most-used libel defenses because of its acceptance by courts nationwide.

The Rule of Law

The First Amendment

Speech Distinctions

Libel: the Plaintiffs Case

Protecting Privacy

News-Gathering

Reporters Privilege

The Media and the Courts

Electronic Media Regulation

Obscenity,indecency,and Violence

Intellectual Property

Advertising

Filters