Deck 5: Invasion of Privacy

Question 1

When false information is added to journalistic accounts,as in the Cantrell case,this falls into the kind of false-light situation called

A)distortion
B)embellishment
C)fictionalization
D)None of the above

Answer 1

B

Question 2

In Florida Star v.BJF the Supreme Court held that publication of a sexual assault victim's name was

A)punishable as a crime under state law.
B)protected against a tort claim for disclosure of private facts.
C)an intrusion that could be punished with punitive damages.
D)a violation of the federal Privacy Act.

Answer 2

B

Question 3

Recording of conversations is allowed under the federal Electronic Communications Privacy Act whenever

A)one of the parties to the conversation has given prior consent.
B)it is done by a party to the conversation.
C)Either of the above
D)None of the above.

Answer 3

C

Question 4

The case of Hugo Zacchini,the "human cannonball," was an oddity in appropriation law because

A)the appropriation occurred in a news program.
B)the plaintiff was in a public place.
C)the plaintiff was not identified in the film.
D)all represented facts were indeed true.

Question 5

Individuals' appearances in news media self-promotions generally will not amount to appropriation unless

A)a photograph is included.
B)the individual is identified by name.
C)the promo is published or broadcast more than once.
D)an endorsement is implied.

Question 6

If a photo consent form is signed gratuitously - without compensation - this means that

A)the consent is not legally valid.
B)most magazines will not accept the photo.
C)the photo may not be altered in any way.
D)the consent may be withdrawn.

Question 7

What is the basic theory behind appropriation law?

A)Individuals should never be photographed without their consent.
B)The news media should never falsely portray individuals' personal beliefs.
C)Individuals have the right to be free from unwanted observation by the media.
D)Individuals alone should have the right to control the marketing or exploitation of their own personages.

Question 8

In the U.S.,privacy against the mass media is enforced primarily through

A)the personal privacy clause of the Constitution.
B)federal civil rights statutes.
C)four separate privacy torts.
D)criminal trespass laws.

Question 9

Legal scholars often trace today's privacy laws to an 1890 article in the Harvard Law Review.

Question 10

In Cox Broadcasting v.Cohn the Supreme Court held that a TV station was constitutionally privileged to run information found in

A)public court documents.
B)old newspaper stories.
C)corporate databases.
D)college admissions files.

Question 11

The false-light tort aims to

A)compensate individuals for personal embarrassment and anguish.
B)compensate corporations whose products are falsely represented before the public.
C)allow individuals to prevent damage to reputation.
D)All of the above

Question 12

In order to successfully sue for appropriation individuals must be

A)readily identifiable.
B)photographed in a place where privacy is reasonably expected.
C)represented in a misleading context.
D)All of the above

Question 13

Plaintiffs rarely win intrusion cases because

A)the information published is usually newsworthy.
B)actual malice is a required element in most cases.
C)usually there is no reasonable expectation of privacy.
D)the information was not false and offensive.

Question 14

How is the tort of disclosure of private facts different from libel?

A)Truth is the major defense to disclosure of private facts.
B)In the private-facts tort,the content need not be objectionable.
C)Disclosure of private facts concerns the dissemination of accurate information.
D)The disclosure of private facts tort deals exclusively with public figures,not private persons.

Question 15

Unsuccessful lawsuits following release of the 2006 film "Borat" demonstrate

A)the legal importance of consent forms.
B)why it's wise to allow pre-approval of edits.
C)how even an entertaining film is considered news.
D)why all private information should be supported by public records.

Question 16

In a recent case from California's high court,Shulman v.Group W Productions,the court held that an accident victim might have an enforceable expectation of privacy

A)while lying motionless at the accident scene.
B)in conversations with medical personal at the scene.
C)
C)inside a rescue helicopter.
D)Both b and

Question 17

The branch of invasion of privacy known as intrusion occurs

A)only upon publication or broadcast to the general public.
B)only with trespass. c in both public and private places.
D)in the information-gathering process.

Question 18

In Hustler v.Falwell the Supreme Court limited claims of intentional infliction of emotional distress arising from harsh parodies in the media by ruling that

A)the plaintiff must prove that physical illness resulted.
B)the defendant must have acted with the intent to cause emotional distress.
C)public figures must show that the offensive communication alleged facts and was published with actual malice.
D)there must be outrageous or highly offensive conduct,as judged by a reasonable person of average sensibilities.

Question 19

The case of Dietemann v.Time Inc.illustrates that

A)there is no blanket newsworthiness privilege in intrusion cases.
B)there is no First Amendment immunity in intrusion cases.
C)using subterfuge or "white lies" in order to gain information is always a tort.
D)Both a and b

Question 20

Events that occur in public view almost always can be

A)photographed and published for a commercial use without consent.
B)photographed and published for a news use without consent.
C)Both a and b
D)None of the above

Question 21

A federal statute that might be used to protect e-mail privacy is the

A)Electronic Communications Privacy Act.
B)Lanham Act.
C)Communications Decency Act.
D)Smith Act.

Question 22

In a lawsuit against you for disclosure of private facts,would you most likely have a privilege to rely on?

A)Yes,because truth is a complete defense.
B)Yes,because the information came from public records.
C)No,because you created a false impression about Milo.
D)No,because personal criminal information automatically becomes confidential after 10 years.

Question 23

The Children's Online Privacy Protection Act protects children under 13 against

A)e-mail snooping by schools.
B)online data profiling without prior consent.
C)advertising by computer services.
D)republishing of their e-mails without consent.
Questions 23-25 relate to the following facts:
Suppose you are the editor of a weekly newspaper in a small town.In your "20 Years Ago Today" column,you reveal that local resident Milo Coglin had been charged with the murder of his mother-in-law.You obtained the information from public records,and it was true.In fact,Milo was convicted and served a prison term.But in the years since his release from prison he returned to town,took a respectable job in a butcher shop,rehabilitated himself,and made new friends who were unaware of his criminal record.He's very upset about your column.

Question 24

In Hustler Magazine v.Falwell,why,specifically,did the Supreme Court believe it was necessary to grant constitutional protection to the outrageous ad parody?

Question 25

How is the tort of false light different from the tort of libel?

Question 26

In a lawsuit against you for appropriation,a key factor in the outcome would be

A)whether your paper is a profit-making enterprise.
B)whether Milo's name was used in a headline visible in newsracks.
C)whether Milo had plans to write his own account of the murder he committed.
D)All of the above.
E)None of the above.

Question 27

Can a claim for appropriation ever be pursued on behalf of a person who is no longer living? Explain.

Question 28

Milo's chances of winning a "private facts" case against you would be greater if

A)you also revealed that Milo pleaded guilty at the arraignment.
B)Milo is currently a candidate for mayor.
C)he asked for a retraction,and you failed to print it.
D)you also revealed that Milo has AIDS - a fact you learned from his doctor.
E)Milo had recently become a local hero by thwarting a murder attempt in his neighborhood.