Deck 4: Libel

Question 1

Although the Supreme Court never ruled on the constitutionality of the Alien and Sedition Acts of 1798, the Supreme Court said in New York Times v. Sullivan that seditious libel laws violate the central purpose of the First Amendment.

Answer 1

True

Question 2

Once libel plaintiffs establish that they have been defamed by the media, they are entitled to compensatory damages.

Answer 2

False

Question 3

A reporter claims the privilege of "neutral reportage" by including any two opposing viewpoints in a story.

Answer 3

False

Question 4

To be defamatory, a libelous statement must be "published" to at least one person beyond the person libeled.

Question 5

Michael Malice, a campus writer, posts an internet message that most of the brothers of the APT Fraternity House "have spent time in jail for drug use and violence." In fact, none of the ten brothers or the fraternity has ever been charged with drug use or violence. Thomas Goodie, a member of the fraternity, sues Malice for libel. Some courts have ruled a member of a group the size of APT might bring a libel suit because he has been "identified" and defamed.

Question 6

Assume that Thomas Goodie [previous question] has been identified and that he brings a libel suit against Michael Malice. He could not win a libel case because the statement that most of the brothers "have spent time in jail for drug use and violence" is protected opinion.

Question 7

Michael Malice's online post [previous two questions] appears on a feisty web site run by MW, an Internet service provider that welcomes controversial viewpoints. Michael Malice does not work for RAW. If Goodie were to sue RAW for libel, RAW could probably successfully claim immunity from liability under section 230 of the Communications Decency Act.

Question 8

Assume that RAW removes the posted slur against the APT fraternity [previous three questions] after it has appeared on the web site for ten days. RAW would then become the "publisher" of the slur and would therefore be responsible for defamation in a lawsuit.

Question 9

Cussing a police officer as an "asshole" is likely to land a citizen in jail for criminal libel.

Question 10

New York Times v. Sullivan is important, in part, because it required public officials in all 50 states to prove actual malice when suing the media for defamation relating to their official conduct.

Question 11

The Supreme Court established in Gertz v. Welch, Time v. Firestone, and other cases that a libel plaintiff might be quite well-known in some circles but remain a private person as a libel plaintiff.

Question 12

The Supreme Court has ruled that lawyers must be considered "public figures" in libel cases if they take on a controversial client.

Question 13

Mrs. Firestone was a vortex or limited public figure because she participated in a well-publicized divorce.

Question 14

A business can be defamed.

Question 15

State University, a public school, could sue for defamation over the published statement "All State University professors are crack heads."

Question 16

Defamation can occur only through the plain meaning of words, not by implication or innuendo.

Question 17

Defamation suits must be filed before expiration of the statute of limitations.

Question 18

The term "actual malice," as used by the U.S. Supreme Court in New York Times v. Sullivan, refers to intent to cause harm and is also described as common law malice.

Question 19

Under defamation laws in most states, journalists cannot be sued successfully for defamation if their reporting of legislative and judicial bodies is fair and accurate, even if those reports repeat false statements of fact spoken during the proceedings.

Question 20

The U.S. Supreme Court's contemporary defamation doctrine is based on the premise that some falsehoods must be protected in order to provide an environment for uninhibited debate on public issues.

Question 21

According the U.S. Supreme Court, the Saturday Evening Post did not act with actual malice in the case involving Wally Butts. Evidence presented at trial showed that the magazine's editors acted in good faith regarding the source and the truthfulness of the charges made against Butts.

Question 22

SLAPPs (Strategic Lawsuits Against Public Participation) may discourage citizen activism because defending libel suits is time consuming and expensive.

Question 23

A court might issue summary judgment for the media if a public figure plaintiff cannot establish evidence of actual malice before trial.

Question 24

Quotation marks indicate a speaker said exactly the words quoted. Therefore, any error in quotation marks is defamatory.

Question 25

The media's "qualified" privilege to report false, defamatory statements at official proceedings requires that media reports be accurate.

Question 26

In New York Times v. Sullivan, the Supreme Court ruled that the newspaper's failure to check the facts in the defamatory advertisement constituted actual malice.

Question 27

New York Times v. Sullivan decision is important, in part, because it established constitutional protection for some content in paid advertisements.

Question 28

The Supreme Court ruled in Milkovich v. Lorain Journal Company that the term liar was not defamatory because it could not be proven to be a false fact.

Question 29

The Supreme Court ruled in Farmers Educational and Cooperative Union of America v. WDAY, Inc., that broadcasters are not responsible for a political candidate's libelous statements if the broadcasters are fulfilling their "equal opportunities" obligations under Section 315 of the Federal Communications Act of 1934.

Question 30

Under the Communications Decency Act, internet sites that host comment sections are not responsible for libel if someone posts defamatory statements in those comment sections.

Question 31

All 50 states and the federal government have some kind of Anti-SLAPP law, which make it easier for libel defendants to dismiss meritless lawsuits intended to silence their speech.

Question 32

Under the "wire service" defense, courts have held that the media can always rely on a wire service copy without verifying it because of the heavy burden that verification places on the media's ability to report national and world news.

Question 33

The "wire service" defense was developed in response to serial plaintiffs traveling from town-to-town filing libel suits against local newspapers that unknowingly repeated defamatory stories picked up on news wires.

Question 34

All anti-SLAPP statutes include fee-shifting provisions and expedited hearings that allow for early dismissal of meritless defamation actions.

Question 35

Although courts may order websites to remove content proven at trial to be libelous, issuing injunctions against potential future libels would likely be an unconstitutional prior restraint.

Question 36

A Georgia jury awarded rapper Cardi B $4 million in actual damages, punitive damages and attorney fees in 2022 in her lawsuit against a celebrity blogger who had made false allegations that Cardi B was a cocaine user, had been a prostitute, and had herpes.

Question 37

A story in a U.S. travel magazine calls the City of Beaufleuve, New York, an "armpit" run by "corrupt officials" who should be sent over Niagara Falls. Beaufleuve might successfully sue on the grounds that the article is:

A) criminally libelous because it might lead to a breach of the peace
B) criminally libelous because it defames a fine city
C) criminally libelous because it is written with hatred and ill will
D) all of the Above
E) none of the above

Question 38

New York Times v. Sullivan is important because:

A) it made important aspects of libel law affecting public officials the same in all states
B) it held that paid editorial advertisements have First Amendment protection
C) it made it easier for public officials to collect "presumed" damages
D) all of the above
E) A and B only

Question 39

The Supreme Court has ruled that a private person might become a public figure if he or she:

A) takes on a controversial client as lawyer Elmer Gertz did
B) participates in a publicized divorce as Mary Alice Firestone did
C) voluntary participates in a public controversy as General Edwin Walker did
D) all of the above
E) none of the above

Question 40

A combination of journalistic practices may constitute actual malice, including:

A) failure to check facts
B) haste to publish when there are no pressing deadlines
C) fabricating interviews
D) all of the above
E) none of the above

Question 41

The media's "qualified" privilege to report false, defamatory statements at official proceedings:

A) derives from the absolute privilege enjoyed by public officials
B) requires that the related media reports be accurate
C) allows journalists to report courtroom testimony they know to be false
D) all of the above
E) none of the above; reports of falsehoods are never protected

Question 42

In a letter to the editor, a citizen calls a developer a "blackmailer" because the developer has demanded that the city council rezone a property before the developer will give the city park land. The Supreme Court has ruled in a similar case the term "blackmailer" in the rezoning controversy is:

A) libel per quod
B) criminal libel
C) false light
D) rhetorical hyperbole amounting to opinion
E) none of the above

Question 43

The Supreme Court said that the failure of the New York Times to check the accuracy of the advertisement "Heed Their Rising Voices" constituted:

A) actual malice
B) negligence
C) gross unfairness
D) acceptable professional practice
E) none of the above

Question 44

Ace Reporter reports accurately from the police blotter that Barry Crackup was intoxicated when the car he was driving killed Denise Dead. The police blotter was wrong; Crackup was not driving the "death car." Crackup sues Ace Reporter and his newspaper. Which of the following is Ace's best defense?

A) truth
B) neutral reportage
C) qualified privilege of reporting
D) due care

Question 45

A broadcast station WZZZ is fulfilling its obligations under Section 315 of the Communications Act when a candidate for public office falsely calls Kirk Kounter, treasurer of Liberty Bank, an embezzler. Kounter sues the candidate and the station for libel. WZZZ's strongest defense would be

A) Kounter is a public figure
B) truth is a complete defense
C) stations fulfilling Section 315 obligations are not responsible for candidates' libel
D) the First Amendment encourages defamatory statements in campaigns

Question 46

Which of the following are good media practices when a caller threatens to sue for libel?

A) take notes
B) contact the editor or publisher
C) readily admit any possible error
D) all of the above
E) A and B only

Question 47

To win a libel suit against the media, a plaintiff must prove all of the following EXCEPT:

A) the plaintiff has been identified
B) the plaintiff has been harmed
C) the publication was made with fault
D) the publication was not "reasonable"
E) none of the above are exceptions; all must be proven

Question 48

A successful neutral reportage defense usually requires the media to prove the published defamation is:

A) newsworthy and related to a public controversy
B) made by a responsible person or organization
C) about a public official or public figure
D) accurately reported alongside opposing views
E) all of the above

Question 49

Radio Righteous reports that Retro Bookstore sells "obscene videos." When Retro sues the station for defamation, Radio Righteous should win because:

A) "obscene" is a matter of opinion
B) "obscene" is protected by the neutral reportage defense
C) a jury determining the facts cannot find videos to be "obscene"
D) all of the above
E) none of the above

Question 50

All of the following might sue for defamation EXCEPT:

A) living individuals
B) businesses
C) companies whose products have been disparaged
D) governments
E) all of the above might sue for defamation

Question 51

Which words and phrases would be protected opinion in a libel suit?

A) the meal "tasted like yellow death on duck"
B) Professor Jones is "teaches the easiest class"
C) Dean Smith is "a sexual harasser"
D) A and B only
E) all of the statements would be considered opinion

Question 52

When a British man helped rescue children trapped in an underwater cave in Thailand, the entrepreneur and businessman Elon Musk called the man a "pedo guy" on Twitter and a "child rapist" in emails. A jury found that Musk's statements constituted:

A) criminal libel
B) false light
C) intrusion
D) libel per quod
E) none of the above

Question 53

All of the following are true about state anti-SLAPP statutes EXCEPT:

A) they are meant to provide procedural remedies for targets of SLAPPs
B) they can encourage "libel tourism"
C) they can't ever be invoked in federal court
D) the majority of states have one, in addition to the District of Columbia
E) B & D

Question 54

In 2019, the U.S. Court of Appeals for the Ninth Circuit permitted an anti-libel injunction requiring a speaker to:

A) issue a retraction correcting libelous statements
B) take down statements found in court to be libelous
C) avoid repeating the same or similar statements in the future
D) B & C only
E) all of the above

Question 55

In late 2020, the FAA released two final rules intended to accelerate the integration of drones into the national airspace system. The rules:

A) Allow for drones to be flown over people, at night and over moving vehicles, without the need to seek operation-specific waivers from the FAA.
B) Require operation-specific waivers from the FAA in order to fly drones over people, at night and over moving vehicles
C) Allow for only U.S. military drones to be flown over people, at night and over moving vehicles
D) None of the above

Question 56

Why do media defense attorneys in defamation cases so often (and frequently successfully) ask a judge to issue an order of summary judgment?

Question 57

Describe the combination of sloppy and unprofessional reporting practices that might add up to actual malice.

Question 58

Why did the Supreme Court compare large civil damages to criminal libel statutes in New York Times v. Sullivan?

Question 59

Why is it NOT protected opinion for the campus television station to report in a newscast: "Some students think Professor Jones may be an alcoholic"?

Question 60

Briefly describe best practices for handling libel complaints at a newspaper or broadcast station.

Question 61

Gene Green, a widely published professor of accounting, is suing the Daily Caper, the campus newspaper, for libel. The paper reported on its web site that Green was being investigated by a campus committee for drunken behavior and harassing secretaries. The Caper's web site quoted an anonymous source saying rumors had circulated "for years" about Green's "undisciplined and offensive behavior." An unnamed member of the accounting department tells the Caper that Green is "one buttoned down horny dude." Green is a respected scholar who served eight years ago for a brief time in Washington as assistant deputy director of a government agency.
University regulations provide that complaints and grievances will be heard in closed session by the University Disciplinary Tribunal. But usually reliable anonymous sources tell the Caper the chair of the accounting department-to save time-appointed a temporary committee of five faculty to investigate the rumors. However, the department committee dropped the inquiry after two meetings when the members could not get students, secretaries, or other faculty to testify. No one filed charges or formal complaints against Professor Green. No one will talk to the newspaper on the record. Just before publication, the dean of the business school called the Caper to warn that the damaging rumors about Green were being circulated by an administrator who was jealous of Green and hoped he would be driven from campus. Thirty percent fewer females signed up for Green's classes after the web stories were published.
Green files suit claiming that the Caper defamed him by publishing false accusations about drunken and harassing behavior. Green says the paper published with negligence. Caper's attorney argues the Caper did not defame Green by publishing the "opinion" of many students and staff on campus that Green sometimes appears drunk and harasses women. The Caper also argues the paper has a qualified privilege to publish fair and accurate reports of the department investigation, just as it would have a privilege to make accurate reports of a legislative committee investigation or a court proceeding. Furthermore, the paper argues, Green cannot successfully sue because he is a public figure who cannot prove actual malice, as he must.
Explain (1) whether Green has a good chance of establishing that he was defamed. Then discuss the Caper's defenses, including (2) the paper's claim t at it published protected opinion, (3) that the paper has a qualified privilege to report the investigation, (4) that Green is a public figure and (5) that the paper did not publish with negligence or actual malice. Provide definitions and case examples as appropriate.

Question 62

Describe some of the modern challenges to the New York Times v. Sullivan standard.