Deck 6: Defamation

Question 1

Under common law, a reporter accurately quoting from the testimony of a witness in a trial or a person addressing a government meeting cannot be guilty of libel if the testimony or comments are later found to be false.

Answer 1

True

Question 2

An opinion based on a correct presentation of facts is considered "fair comment" and cannot be the basis for libel, but is protected only if it appears on the editorial page.

Answer 2

False

Question 3

If the city council or county school board believes it has been libeled by a local newspaper or television station, it can sue as a unit in federal court.

Answer 3

False

Question 4

Court rulings have led to the determination that well-known businesses may be the equivalent of "public figures" for the purposes of libel cases.

Question 5

A federal law specifies that Internet service providers can be held legally liable for defamation that takes place on its networks.

Question 6

Although not recognized by all courts, the "privilege" defense in libel law includes a provision that protects journalists who accurately quote someone making disparaging remarks in situations other than government meetings, such as interviews. This concept is known as

A) libel per se
B) libel per quod
C) the Blackstonian Doctrine
D) fair reporting or neutral reportage
E) the chilling effect

Question 7

Which of the following is true concerning the 1964 case of New York Times v. Sullivan?

A) it was the first libel case to reach the U.S. Supreme Court
B) it established the principle that public officials must show "actual malice" in order to have successful libel claims
C) it shifted the burden of proof in libel cases from the defendant to the plaintiff
D) the court acknowledged that some libel is expected because of the "heated exchange" of public debate
E) all of the above

Question 8

The reluctance of journalists to pursue aggressive or investigative journalism for fear of libel suits is known as

A) libel per se
B) libel per quod
C) the chilling effect
D) neutral reportage
E) Blackstonian Doctrine

Question 9

Even though the case of MMAR Group v. Dow Jones (which resulted in a preliminary judgment of $220.72 million for the plaintiff) was overturned on appeal, the case is still significant for what reason?

A) it was the first libel case to reach the U.S. Supreme Court
B) it was the first libel case in which the plaintiff was a company rather than a person
C) it was the case that provided the legal definitions for both libel and slander
D) it was the first case to be judged based on the "actual malice" rule
E) the dollar amount of the award remains a record as the highest to ever result from a libel case

Question 10

What was the significance of the libel cases of Goldwater v. Ginzburg, Harte- Hanks Communications v. Connaughton, and Turner v. KTRK?

A) they established that because of the "actual malice" rule, political candidates and other public figures have zero chance of winning libel suits
B) they established that no one is "libel proof," and that it is possible for political candidates and other public figures to meet the "actual malice" standard and win libel suits if their cases are strong enough
C) they led to rulings that being charged with a serious crime is enough to make a person a public figure, even if he or she was not a public figure beforehand
D) they led to rulings that just being charged with a serious crime does not make a person a "public figure" if he or she was not a public figure beforehand

Question 11

In 1930, a New York state court ruled that "everyone has the right to (speak about) matters of public interest and concern, provided they do so . . . with an honest purpose . . . such (words) or criticisms are not libelous, no matter how severe in their terms." That ruling established what legal principle that is still applied in libel cases today?

A) the time, place, and manner defense
B) the Blackstonian Doctrine defense
C) the distinction between "hate speech" and "fighting words"
D) the "opinion" or "fair comment" defense
E) the "privilege" defense

Question 12

Texas Cattleman's Association v. Winfrey was an example of a libel case involving a specific product rather than a person or company as a whole. The legal term for this is

A) trade slander
B) product disparagement
C) unfair comment
D) commercial desecration
E) none of the above, because the court ruled in this case that only people can be libeled

Question 13

According to common law principles, which of the following persons or groups DOES NOT have a legitimate libel case?

A) an all-purpose public figure who can prove negligence but not actual malice
B) a person who was not mentioned in a news story praising recent war heroes
C) a public official who is embarrassed by a critical opinion column (based on correct information) on the newspaper editorial page
D) all of the above have legitimate libel cases
E) none of the above have legitimate libel cases

Question 14

In the libel cases of New York Times v. Sullivan and Associated Press v. Walker, the plaintiffs (those suing for libel) lost for which of the following reasons?

A) in both cases, the plaintiffs were really obnoxious
B) they could not prove financial loss
C) they were public figures and could not prove actual malice
D) they cold not prove that the information was published or broadcast
E) they were not identified in the communications to the point at which readers/viewers/listeners would know whom was being referred to

Question 15

The case of Milkovich v. Lorain Journal was decided on which legal principle?

A) being charged with a crime is enough to make a person a "public figure" even if he or she was not a public figure beforehand
B) just being charged with a crime does not make a person a "public figure" if he or she was not a public figure beforehand
C) editorials or other clearly labeled opinion columns are protected as "fair comment," even if they are based on or include factual errors
D) editorials and other opinion pieces are not protected as "fair comment" if
E) they are based on or include factual errors

Question 16

A form of defamation in which a news story does not specifically accuse a person of misconduct, but instead implies it through innuendo by describing an incriminating combination of circumstances is known as

A) the chilling effect
B) libel per se
C) libel per quod
D) slander
E) disparagement

Question 17

The term "injurious falsehood" is a term that refers to what?

A) the term that some states use in combining their laws dealing with libel and privacy
B) the term that some states use in combining their laws dealing with libel and slander
C) the term that the federal government uses to refer to all state laws dealing with libel, slander, privacy, and intrusion
D) the term that the courts use to refer to complaints that people have that can't be easily categorized as libel, slander, intrusion, or appropriation
E) the term that courts use to refer to complaints that it refuses to hear and suggests instead that the conflicts be settled out of court

Question 18

The trend of powerful organizations using libel suits, or the threat of libel suits, to discourage individuals from publicly criticizing them is known by what acronym?

A) U.N.F.A.I.R.
B) S.U.C.K.
C) G. U.I.L.T.Y.
D) S.L.A.P.P.
E) I.N.T.I.M.I.D.A.T.E.

Question 19

Although it is not recognized by all courts, the libel defense in which the party being sued claims that the material in question was a clear exaggeration and was not to be taken seriously is known as

A) the chilling effect
B) fair comment
C) libel per se
D) libel per quod
E) rhetorical hyperbole

Question 20

The general rule regarding the application of defamation laws in cyberspace and social media settings is that

A) the same laws that apply to print and broadcast media also apply in cyberspace and social media
B) the fields of cyberspace and social media are so different that defamation laws are entirely different
C) such issues are decided on a case-by-case basis

Question 21

The history of libel in the United States goes back to

A) the Plymouth Bay Colony in the 1600s
B) the early 1700s and a conflict between a publisher and the governor of New York
C) the Civil War era and erroneous news coverage on both sides
D) the early 1920s and erroneous news coverage of the Prohibition issue
E) the early 1960s and erroneous news coverage of the Civil Rights movement