Deck 4: Libel and Slander

Question 1

Who may be sued for libel when a libelous letter to the editor is published in a newspaper?

A)the editor.
B)the publisher.
C)the author of the letter.
D)the corporate owner of the newspaper.
E)all of these.

Answer 1

E

Question 2

In lawsuits involving public issues that are covered by the mass media,the elements of libel now include all of the following except:

A)defamation.
B)dissemination.
C)identification.
D)some kind of fault.
E)absence of malice.

Answer 2

E

Question 3

The Supreme Court extended the actual malice rule to public figures as well as public officials for the first time in:

A)Gertz v.Welch.
B)Herbert v.Lando.
C)Rosenbloom v.Metromedia.
D)Time v.Hill.
E)Curtis Publishing v.Butts.

Answer 3

E

Question 4

How did Dun & Bradstreet v.Greenmoss Builders affect the actual malice rule?

A)it didn't affect it.
B)it exempted public figures from the actual malice requirement.
C)it exempted private persons from the actual malice requirement.
D)it excluded libel cases involving purely private matters (rather than issues of public concern)from the actual malice requirement.
E)it abolished the actual malice requirement.

Question 5

The landmark New York Times v.Sullivan decision established a new requirement that public officials who sue for libel must prove actual malice.As defined in this case,actual malice means:

A)ill will or evil intentions.
B)publishing a falsehood with evil intentions.
C)publishing a falsehood with knowledge or with negligence.
D)publishing a falsehood with knowledge or with reckless disregard for the truth.
E)publishing anything that isn't true.

Question 6

The Supreme Court ruled that appellate courts may review and overturn a trial court's determination that actual malice is present in:

A)Bose v.Consumers Union.
B)Herbert v.Lando.
C)Keeton v.Hustler.
D)Calder v.Jones.
E)Anderson v.Liberty Lobby.

Question 7

A number of states have enacted anti-SLAPP laws.These laws are primarily intended to:

A)abolish libel suits by public officials.
B)abolish libel suits against public officials.
C)protect those who speak out about public issues from harassment lawsuits.
D)protect ordinary citizens who are libeled by making it easier for them to sue.
E)protect public officials who are libeled by making it easier for them to sue.

Question 8

The Supreme Court has held that a public figure who sues for intentional infliction of emotional distress must prove actual malice on the part of a media defendant,just as he/she would in a libel case.The Supreme Court announced this principle in:

A)Hustler Magazine v.Falwell.
B)Keeton v.Hustler.
C)Herbert v.Lando.
D)Hutchinson v.Proxmire.
E)Milkovich v.Lorain Journal.

Question 9

Which of the following may not sue for libel in most states?

A)corporations.
B)private individuals.
C)government agencies.
D)public officials.
E)public figures.

Question 10

Some well-known people are treated as private persons (as opposed to public figures)in libel lawsuits today.This practice was encouraged by several Supreme Court decisions of the 1970s,including:

A)Megarry v.Norton and Time v.Hill.
B)Time v.Hill and Time v.Firestone.
C)Herbert v.Lando and Time v.Firestone.
D)Hutchinson v.Proxmire and Time v.Firestone.
E)Curtis v.Butts and Calder v.Jones.

Question 11

A federal appeals court held in 2002 that a newspaper could not be sued in Virginia for material posted on its website,hosted in another state.The case:

A)Young v.New Haven Advocate.
B)Keeton v.Hustler.
C)Calder v.Jones.
D)Herbert v.Lando.
E)Gertz v.Welch.

Question 12

Suppose an editorial in a newspaper charges that all five members of the local city council are incompetent.Under the law in most states,who may successfully sue for libel?

A)each council member.
B)only the mayor.
C)only the council as a whole.
D)no one because this is an expression of opinion.
E)no one because no individual may ever be libeled by criticism of any group,no matter how small.

Question 13

In Milkovich v.Lorain Journal,the Supreme Court held that:

A)a sports column may be libelous if it contains false facts as well as protected expressions of opinion.
B)sports columns,editorials and letters to the editor are all exempt from libel lawsuits under the First Amendment.
C)sports columns are exempt from libel,but letters to the editor are not.
D)sports columns are not exempt from libel,but letters to the editor are exempt.
E)Milkovich had nothing to do with a sports column in a newspaper.

Question 14

The common law defenses in libel actions include all of the following except:

A)truth.
B)malicious intent.
C)privilege.
D)fair comment.

Question 15

Most libel plaintiffs must bear the burden of proving any allegedly defamatory statement to be false;the defendant usually does not have the burden of proving the statement true.This principle was strengthened by a 1986 Supreme Court decision that said all states must place the burden of proof on the plaintiff,at least in cases involving issues of public concern.The case:

A)Keeton v.Hustler.
B)Bose v.Consumers Union.
C)Philadelphia Newspapers v.Hepps.
D)Anderson v.Liberty Lobby.
E)Dun & Bradstreet v.Greenmoss Builders.

Question 16

In 1986 the Supreme Court said public figures who sue for libel should have their cases dismissed on summary judgment (that is,without a trial)unless they can show actual malice by clear and convincing proof.The court so ruled in the case of:

A)Keeton v.Hustler.
B)Bose v.Consumers Union.
C)Philadelphia Newspapers v.Hepps.
D)Anderson v.Liberty Lobby.
E)Dun & Bradstreet v.Greenmoss Builders.

Question 17

Mass communicators may be forced to defend libel cases in courtrooms thousands of miles from where they live and work,according to the Supreme Court's decision in:

A)Calder v.Jones.
B)Bindrim v.Mitchell.
C)Braun v.Chronicle Publishing Co. .
D)Herbert v.Lando.
E)Gertz v.Welch.

Question 18

In the 1991 case of Masson v.New Yorker Magazine,the Supreme Court ruled that:

A)all plaintiffs must prove actual malice in libel cases.
B)actual malice must be proven in "emotional distress" cases as well as libel cases.
C)journalists may make minor changes in quotations without committing a libel.
D)most libel cases should be dismissed on summary judgment.
E)all of these.

Question 19

Since public figures must prove actual malice,it is only fair to let them inquire into the thought processes and attitudes of journalists who produce an allegedly libelous story.The Supreme Court announced this principle in:

A)Calder v.Jones.
B)Keeton v.Hustler.
C)Herbert v.Lando.
D)Hutchinson v.Proxmire.
E)Milkovich v.Lorain Journal.

Question 20

In the 1974 case of Gertz v.Welch,the Supreme Court authorized the states to:

A)exempt private persons from proving actual malice if they could prove at least negligence.
B)eliminate the actual malice requirement for all but the most prominent elected officials.
C)redefine everyone except politicians as private persons.
D)require public officials to prove negligence instead of actual malice.
E)let public figures sue for libel without proving any fault.

Question 21

Appellate courts have generally held that _______ bars claims against social networking sites like MySpace for sexual assaults that occur between individuals who met on those sites.

A)neutral reportage.
B)truth.
C)Section 230.
D)long-arm jurisdiction.
E)summary judgment.

Question 22

The SPEECH Act (Securing the Protection of our Enduring and Established Constitutional Heritage)is a protection against:

A)foreign libel judgments that would have failed under U.S.libel rules.
B)allegations of actual malice by foreign governments.
C)invasions of privacy by foreign governments.
D)damages awarded by foreign governments.
E)all of the above.

Question 23

The Ninth Circuit refused to allow a Section 230 defense against a charge of promissory estoppel in which case?

A)Hustler Magazine v.Falwell.
B)Keeton v.Hustler.
C)Herbert v.Lando.
D)Hutchinson v.Proxmire.
E)Barnes v.Yahoo! Inc.

Question 24

"Trash talk," like calling someone a whore or a skank,is still considered to be libelous online,said a state court in the case:

A)Barnes v.Yahoo! Inc. .
B)Fustolo v.Hollander.
C)Cohen v.Google.
D)Howell v.Enterprise Publishing Co. .
E)Hutchinson v.Proxmire.

Question 25

In what case(s)did the "caustic personality" defense save a defendant from a libel judgment?

A)Jones v.Dirty World Entm't Recordings.
B)Burke v.Gregg.
C)Gardner v.Martino.
D)Both B and C.
E)A,B,and C.

Question 26

Now suppose a news story falsely reports that all five city council members have accepted bribes and violated campaign finance laws.Under the law in most states,who may successfully sue for libel?

A)no one.
B)each council member.
C)only the mayor.
D)only the council as a whole.
E)the city manager.

Question 27

In what case did the courts first refuse to extend Section 230 protection to a blog site because of its encouragement of offensive posts,and then overturn the ruling so as to extend the protection?

A)Barnes v.Yahoo! Inc. .
B)Fustolo v.Hollander.
C)Jones v.Dirty World Entm't Recordings.
D)Blockowicz v.Williams.
E)Hutchinson v.Proxmire.

Question 28

Former Agricultural Department employee Shirley Sherrod sued conservative blogger Andrew Breitbart because he:

A)posted libelous comments about her on his website.
B)edited a video clip of her in such a way as to defame her.
C)physically assaulted her.
D)plagiarized a speech she had given.
E)stalked her.

Question 29

In Noonan v.Staples,the First Circuit called what traditional libel defense into question,based on state law?

A)privilege.
B)truth.
C)fair comment.
D)neutral reportage.

Question 30

In Seaton v.TripAdvisor,LLC,the appellate court said that TripAdvisor's list of the "dirtiest hotels" was not defamatory to one of the hotels on the list because:

A)TripAdvisor was clear about the source of the information (its users).
B)the list was full of hyperbolic language.
C)the list was not meant to be factual.
D)Both A and B.
E)A,B and C.

Question 31

What is "defamation by implication?"

A)Misspelling a person's name in a story.
B)Juxtaposing facts in such a way as to suggest a defamatory connection .
C)Defaming someone's family member.
D)Acting in a negligent manner.
E)None of these.