Media Law Midterm: JOMC 486 UNL Mass Media
Law JOMC 486 Laurie Thomas Lee Midterm
multiple choice exam QUESTIONS WITH CORRECT
ANSWERS.
- Truth
- Absolute privilege
- Fair-report privilege
- Fair-comment privilege - CORRECT ANSWER✅✅Common law defenses for libel
1. Defamation
2. Identification
3. Publication
4. Falsity
5. Injury
6. Fault - CORRECT ANSWER✅✅What are the 6 elements of a libel suit?
1. Forum in which it appeared
2. Status of plaintiff
3. Concerning politics/government
4. Motives of the speaker - CORRECT ANSWER✅✅What four factors are relevant in
libel cases in deciding if a topic is a matter of public concern?
1. Predominant use test
2. Transformative use test
3. No real relationship test
4. Strict Scrutiny - CORRECT ANSWER✅✅What are the 4 tests used in various state
and federal courts to determine when celebrities can protect their personas? (Right of
publicity)
1996 Telecommunications Act Section 230 - CORRECT ANSWER✅✅Says no provider
of an interactive computer service shall be treated as the publisher of any information
provided by others. This immunizes such services from liability for defamation and other
torts. The law distinguishes interactive computer service providers from information
content providers. Only if a provider materially contributes to the content can it be found
liable.
Absolute Privilege - CORRECT ANSWER✅✅The law recognizes some situations in
which people have an absolute privilege to speak, even if their words defame.
Legislators, city council members, police, prosecutors, and other officials speaking
,within the scope of their duties and witnesses in a court proceeding or legislative
hearing are immune.
Actual damages - CORRECT ANSWER✅✅Compensate the plaintiff for injury to
reputation, hurt feelings, or humiliation. Must be supported by evidence.
Actual malice - CORRECT ANSWER✅✅Either knowledge that a defamatory statement
is false or a high degree of awareness of its probable falsity; reckless disregard for the
truth. It must be proven by public figures and officials to recover damages and proven
by private figures to recover punitive damages.
Allegedly - CORRECT ANSWER✅✅Saying "--" is not a defense
Anti-Slapp Laws - CORRECT ANSWER✅✅Individuals and businesses sometimes use
threats of suits to quiet or prevent criticism of their actions, even if those may impact the
public-- known as Strategic Lawsuits Against Public Participation (SLAPP). Because
such lawsuits limit speech with the threat of legal costs, 32 states and DC have laws
limiting SLAPPs.
Appropriation tort - CORRECT ANSWER✅✅One may be liable for invasion of privacy if
one...
- appropriates to their own use or benefit
- The name and likeness of another
Believed the truth; failure to publish retraction; presence of clips in files that showed
errors in the ad - CORRECT ANSWER✅✅In NYT v Sullivan, Sullivan advanced three
pieces of evidence he believed proved actual malice, saying that the Times... He did not
prove actual malice.
Brandenburg Test - CORRECT ANSWER✅✅States may punish speech that is
seditious or may encourage criminal behavior if there is evidence of:
- An intent to incite violence or lawlessness
- imminence of violence or lawlessness and
- a liklihood of that violence or lawlessness
Brandenburg v Ohio (1969) - CORRECT ANSWER✅✅A KKK leader was arrested for a
broadcast speech at a cross-burning, threatening violence against Black Americans. He
was convicted under an Ohio sedition law, which was overturned along with another
similar California law and previous precedent upholding it, claiming that there was no
clear intent and imminent liklihood of inciting violence.
Cantrell v Forest City Pub Co - CORRECT ANSWER✅✅Following the Silver Bridge
collapse, a reporter did a story with the widow of a survivor. The reporter never spoke to
the widow and misrepresented her emotional state and the state of her home in a way
, that painted her as a poor, distraught mother. She sued for false light and won because
the paper was aware of the falsity of the story.
Clark v CCNV - CORRECT ANSWER✅✅A nonviolence group erected a tent city in
Lafayette Park and the National Mall to protest the treatment of homeless people. The
US Park Service would not let protestors sleep in the tents. The Supreme Court upheld
the Park Service's decision, saying they had a substantial interest in protecting the
parks, were making a content-neutral regulation, and were narrowly drawn to prohibit
only one form of conduct, not general expression.
Clear and convincing evidence - CORRECT ANSWER✅✅Supports a finding of high
probability of liklihood; reasonable certainty, 75-85%
Cohen v California - CORRECT ANSWER✅✅A 19-year-old man was arrested in 1968
for disturbing the peace after wearing a jacket with the words "F the Draft" on the back.
The Supreme Court reversed the decision, saying there was no evidence of incitement
of violence, obscenity, or fighting words and that the First Amendment protects the
emotive and cognitive force of speech.
Common law - CORRECT ANSWER✅✅The -- -- (or state statute) protects individuals
from invasions of privacy by other individuals.
Compelling, narrowly-tailored - CORRECT ANSWER✅✅When facing strict scrutiny,
the government must show that the law or regulation furthers a -- government interest
and is -- -- to achieve that interest.
Consent, Time pressures, "neutral reportage" - CORRECT ANSWER✅✅Other
possible libel defenses include...
Constitutional - CORRECT ANSWER✅✅The Supreme Court has interpreted the Bill of
Rights to imply a -- right to privacy, which protects people from invasions of privacy by
the government.
Content-neutral - CORRECT ANSWER✅✅All laws regulating expression must be
examined under strict scrutiny if they do not meet this standard.
Content-neutral/based analysis - CORRECT ANSWER✅✅Which approach to
regulating speech and expression may be the most hostile to newsgathering?
Corporations as public figures - CORRECT ANSWER✅✅Factors to be weighed in
deciding if an organization is considered a public figure; none is decisive.
- Notoriety of the corporation to the public in the relevant geographic area
- Nature of the corporation's business (industry)
- Frequency and intensity of media scrutiny the corporation normally receives
Law JOMC 486 Laurie Thomas Lee Midterm
multiple choice exam QUESTIONS WITH CORRECT
ANSWERS.
- Truth
- Absolute privilege
- Fair-report privilege
- Fair-comment privilege - CORRECT ANSWER✅✅Common law defenses for libel
1. Defamation
2. Identification
3. Publication
4. Falsity
5. Injury
6. Fault - CORRECT ANSWER✅✅What are the 6 elements of a libel suit?
1. Forum in which it appeared
2. Status of plaintiff
3. Concerning politics/government
4. Motives of the speaker - CORRECT ANSWER✅✅What four factors are relevant in
libel cases in deciding if a topic is a matter of public concern?
1. Predominant use test
2. Transformative use test
3. No real relationship test
4. Strict Scrutiny - CORRECT ANSWER✅✅What are the 4 tests used in various state
and federal courts to determine when celebrities can protect their personas? (Right of
publicity)
1996 Telecommunications Act Section 230 - CORRECT ANSWER✅✅Says no provider
of an interactive computer service shall be treated as the publisher of any information
provided by others. This immunizes such services from liability for defamation and other
torts. The law distinguishes interactive computer service providers from information
content providers. Only if a provider materially contributes to the content can it be found
liable.
Absolute Privilege - CORRECT ANSWER✅✅The law recognizes some situations in
which people have an absolute privilege to speak, even if their words defame.
Legislators, city council members, police, prosecutors, and other officials speaking
,within the scope of their duties and witnesses in a court proceeding or legislative
hearing are immune.
Actual damages - CORRECT ANSWER✅✅Compensate the plaintiff for injury to
reputation, hurt feelings, or humiliation. Must be supported by evidence.
Actual malice - CORRECT ANSWER✅✅Either knowledge that a defamatory statement
is false or a high degree of awareness of its probable falsity; reckless disregard for the
truth. It must be proven by public figures and officials to recover damages and proven
by private figures to recover punitive damages.
Allegedly - CORRECT ANSWER✅✅Saying "--" is not a defense
Anti-Slapp Laws - CORRECT ANSWER✅✅Individuals and businesses sometimes use
threats of suits to quiet or prevent criticism of their actions, even if those may impact the
public-- known as Strategic Lawsuits Against Public Participation (SLAPP). Because
such lawsuits limit speech with the threat of legal costs, 32 states and DC have laws
limiting SLAPPs.
Appropriation tort - CORRECT ANSWER✅✅One may be liable for invasion of privacy if
one...
- appropriates to their own use or benefit
- The name and likeness of another
Believed the truth; failure to publish retraction; presence of clips in files that showed
errors in the ad - CORRECT ANSWER✅✅In NYT v Sullivan, Sullivan advanced three
pieces of evidence he believed proved actual malice, saying that the Times... He did not
prove actual malice.
Brandenburg Test - CORRECT ANSWER✅✅States may punish speech that is
seditious or may encourage criminal behavior if there is evidence of:
- An intent to incite violence or lawlessness
- imminence of violence or lawlessness and
- a liklihood of that violence or lawlessness
Brandenburg v Ohio (1969) - CORRECT ANSWER✅✅A KKK leader was arrested for a
broadcast speech at a cross-burning, threatening violence against Black Americans. He
was convicted under an Ohio sedition law, which was overturned along with another
similar California law and previous precedent upholding it, claiming that there was no
clear intent and imminent liklihood of inciting violence.
Cantrell v Forest City Pub Co - CORRECT ANSWER✅✅Following the Silver Bridge
collapse, a reporter did a story with the widow of a survivor. The reporter never spoke to
the widow and misrepresented her emotional state and the state of her home in a way
, that painted her as a poor, distraught mother. She sued for false light and won because
the paper was aware of the falsity of the story.
Clark v CCNV - CORRECT ANSWER✅✅A nonviolence group erected a tent city in
Lafayette Park and the National Mall to protest the treatment of homeless people. The
US Park Service would not let protestors sleep in the tents. The Supreme Court upheld
the Park Service's decision, saying they had a substantial interest in protecting the
parks, were making a content-neutral regulation, and were narrowly drawn to prohibit
only one form of conduct, not general expression.
Clear and convincing evidence - CORRECT ANSWER✅✅Supports a finding of high
probability of liklihood; reasonable certainty, 75-85%
Cohen v California - CORRECT ANSWER✅✅A 19-year-old man was arrested in 1968
for disturbing the peace after wearing a jacket with the words "F the Draft" on the back.
The Supreme Court reversed the decision, saying there was no evidence of incitement
of violence, obscenity, or fighting words and that the First Amendment protects the
emotive and cognitive force of speech.
Common law - CORRECT ANSWER✅✅The -- -- (or state statute) protects individuals
from invasions of privacy by other individuals.
Compelling, narrowly-tailored - CORRECT ANSWER✅✅When facing strict scrutiny,
the government must show that the law or regulation furthers a -- government interest
and is -- -- to achieve that interest.
Consent, Time pressures, "neutral reportage" - CORRECT ANSWER✅✅Other
possible libel defenses include...
Constitutional - CORRECT ANSWER✅✅The Supreme Court has interpreted the Bill of
Rights to imply a -- right to privacy, which protects people from invasions of privacy by
the government.
Content-neutral - CORRECT ANSWER✅✅All laws regulating expression must be
examined under strict scrutiny if they do not meet this standard.
Content-neutral/based analysis - CORRECT ANSWER✅✅Which approach to
regulating speech and expression may be the most hostile to newsgathering?
Corporations as public figures - CORRECT ANSWER✅✅Factors to be weighed in
deciding if an organization is considered a public figure; none is decisive.
- Notoriety of the corporation to the public in the relevant geographic area
- Nature of the corporation's business (industry)
- Frequency and intensity of media scrutiny the corporation normally receives
