MEJO 341 FINAL EXAM REVIEW QUESTIONS
What is the standard of fault for a public figure in a libel suit? What case do we get this
rule from? - Answers - Actual malice
NY Times v. Sullivan (1984)
Some critics of marketplace theory say... - Answers - Not all ideas receive equal
treatment because some participants simply have more money to promote their ideas
Sec. 230 of the Communication Decency Act PROVIDES immunity to ISPs and website
producers when... - Answers - they don't remove materials that readers say is
defamatory
•Sec. 230 of the Communication Decency Act DOES NOT PROVIDE immunity to ISPs
and website producers when... - Answers - they edit content in a way that contributes to
the defamation
An online seller of music refuses to sell any music that the company executives
consider objectionable. Some would-be consumers claim this is censorship. Is there a
cause of action? - Answers - no. private actors, not state actors
Works not protected by copyright law are said to be... - Answers - in the public domain
What are the facts/rule from Zauderer? - Answers - attorney used deceptive advertising
practices regarding price. Even though this was commercial speech, certain essential
aspects of commercial speech (like pricing) can be compelled by the government.
What are the six essential elements of libel? - Answers - Defamation
Identification
Publication
Fault
Falsity
Injury & Damages
DIP Frozen Fudge Ice Dream!
Libel actions where defamatory meaning can be heavily implied given all surrounding
circumstances is called... - Answers - libel per quod
Appeals Courts rule on questions of... - Answers - law ONLY (unless reviewing de novo,
which is pretty rare)
Government censorship before publication is called... - Answers - prior restraint
What is the standard of fault for a public figure in a libel suit? What case do we get this
rule from? - Answers - Actual malice
NY Times v. Sullivan (1984)
Some critics of marketplace theory say... - Answers - Not all ideas receive equal
treatment because some participants simply have more money to promote their ideas
Sec. 230 of the Communication Decency Act PROVIDES immunity to ISPs and website
producers when... - Answers - they don't remove materials that readers say is
defamatory
•Sec. 230 of the Communication Decency Act DOES NOT PROVIDE immunity to ISPs
and website producers when... - Answers - they edit content in a way that contributes to
the defamation
An online seller of music refuses to sell any music that the company executives
consider objectionable. Some would-be consumers claim this is censorship. Is there a
cause of action? - Answers - no. private actors, not state actors
Works not protected by copyright law are said to be... - Answers - in the public domain
What are the facts/rule from Zauderer? - Answers - attorney used deceptive advertising
practices regarding price. Even though this was commercial speech, certain essential
aspects of commercial speech (like pricing) can be compelled by the government.
What are the six essential elements of libel? - Answers - Defamation
Identification
Publication
Fault
Falsity
Injury & Damages
DIP Frozen Fudge Ice Dream!
Libel actions where defamatory meaning can be heavily implied given all surrounding
circumstances is called... - Answers - libel per quod
Appeals Courts rule on questions of... - Answers - law ONLY (unless reviewing de novo,
which is pretty rare)
Government censorship before publication is called... - Answers - prior restraint
