Deck 4: Damage to Reputation

Question 1

Who can be defamed?

A)Formal business entities
B)Any living individual
C)Governmental entities
D)Both a and b

Answer 1

D

Question 2

The U.S.Supreme Court first injected constitutional standards into defamation law in 1964,in the landmark case of

A)Associated Press v.Walker.
B)Brandenburg v.Ohio.
C)Rosenbloom v.Metromedia.
D)New York Times v.Sullivan.

Answer 2

D

Question 3

One of the most common forms of illegal,defamatory content is rhetorical hyperbole.

Answer 3

False

Question 4

The U.S.Supreme Court has ruled that headlines,considered alone,cannot be considered defamatory communications.

Question 5

By the mid-seventeenth century in England,what two separate branches of defamation law had evolved?

A)Libel and libel by implication
B)Libel and slander
C)Slander and trade libel
D)Innuendo and personal assault

Question 6

"Libel per se" is language that is defamatory only when considered in light of outside facts.

Question 7

In the eighteenth and nineteenth centuries,most defamation law in the colonies and the states was

A)civil.
B)criminal.
C)administrative.

Question 8

From the beginning of this nation,defamation law fell almost exclusively under the domain of the

A)federal government.
B)states.
C)local governments.

Question 9

For private-person plaintiffs it is constitutionally permissible to win a libel lawsuit by showing no greater degree of fault than mere negligence.

Question 10

Unless a libel plaintiff proves actual malice on the defendant's part,the plaintiff cannot be awarded

A)actual damages.
B)punitive damages.
C)compensatory damages.
D)special damages.

Question 11

How false must a communicator's statement be in order for a libel plaintiff to win a lawsuit?

A)Entirely false.
B)False in any respect.
C)Substantially false.

Question 12

In Philadelphia Newspapers v.Hepps the Supreme Court held that the libel plaintiff must shoulder the burden of proving defamatory statements false.

Question 13

Libel may be defined as a false statement of fact that is disseminated about a person and tends to

A)injure that person's reputation.
B)cause substantial personal anguish.
C)cause significant embarrassment.
D)serve no public purpose.

Question 14

The key justification for the Supreme Court's "actual malice" requirement in New York Times v.Sullivan may be stated as follows:

A)Falsehoods are just as valuable as the truth and must therefore be protected.
B)Libel judgments would otherwise lead to self-censorship of the truth.
C)Public officials have essentially waived their rights to privacy.
D)Juries are inherently biased against libel defendants.

Question 15

An award limited to evidenced harm of a direct,monetary nature is often known as

A)special damages.
B)punitive damages.
C)presumed damages.
D)actual damages.

Question 16

In a libel lawsuit,"publication" occurs when defamatory statements are communicated

A)to the plaintiff.
B)to at least one "third person."
C)broadly to the general public,and not until that time.

Question 17

What media privilege,now in the shadow of much uncertainty,originated in the 1977 case of Edwards v.National Audubon Society?

A)Wire service defense
B)Neutral reportage
C)Fair comment
D)Self defense

Question 18

Which of the following is not one of the elements a libel plaintiff needs to prove in order to win a case against a mass communicator?

A)Fault on the part of the communicator
B)Intent to injure
C)Publication
D)Harm to the plaintiff

Question 19

The "public record" privilege allows the media to

A)gain access to proceedings or documents that are not open to the public.
B)report any occurrence or event that may take place in public.
C)republish any defamatory allegations made in official proceedings.
D)All of the above

Question 20

Which of the following is true about the identification element of a libel case?

A)The plaintiff must have been identified by name.
B)Identification is determined by the communicator's intent.
C)Identification occurs only when a definite,unmistakable description of the plaintiff is given.
D)Identification occurs whenever members of the audience could reasonably believe that statements referred to the plaintiff.

Question 21

The statute of limitations for libel claims,depending on the state,ranges between

A)20 days and two months.
B)three months and six months.
C)six months and three years.
D)two years and seven years.

Question 22

Explain the difference between all-purpose public figures and limited purpose public figures.

Question 23

In New York Times v.Sullivan the plaintiff was required to prove a degree of fault called "actual malice." What is meant by the term actual malice?

Question 24

In Milkovich v.Lorain Journal Co.,the Supreme Court pulled in the reins on the scope of constitutionally protected opinion.Specifically,what was the rule of law that emerged from Milkovich?

Question 25

One of several libel reform efforts undertaken over the last 20 years was the Uniform Correction or Clarification of Defamation Act.What were the major features of that reform proposal?

Question 26

Anti-SLAPP statutes have been adopted in

A)six states.
B)about half of the states.
C)almost all states.
D)all states and the federal government