JOMC 486 -MASS MEDIA LAW FINAL
EXAM AND 100% CORRECT
ANSWERS 2026/2027 UPDATED.
Two broad kinds of injurious falsehood - Answer 1. Slander of title and trade libel
2. Disparagement
Injurious falsehood - Answer One publishing a false statement harmful to the interest of
another, where the publisher:
1. intends for the publication to do harm or knows that it is likely to
2. knows the statement is false or acts in reckless disregard of falsehood
What must plaintiffs prove in matters of injurious falsehood? - Answer 1. The falsehoods
were published
2. The falsity of the statements
Disparagement - Answer A statement that is understood to cast doubt on the quality of
another's land, chattels, or intangible things, in which:
1. the publisher intends the statement to cast doubt
2. the recipient's understanding of that doubt was reasonable
Must must plaintiff show to recover damages for disparagement? - Answer Monetary loss
Who has to prove a higher degree of fault: a plaintiff in a libel suit or injurious falsehood suit? -
Answer Injurious falsehood suit plaintiff
Sup Ct decision that suggested proof of actual malice may be required in product
disparagement cases - Answer Bose sued Consumers Union for publishing a negative review
of a Bose speaker
When is the actual malice rule not required? - Answer In cases of false advertising Brough
under the Lanham Act (commercial speech is entitled to less 1st amendment protection)
What is a defense to injurious falsehood? - Answer Truth
, Competitor's privilege - Answer One may make unduly favorable comparisons between one's
product or service and that of a competitor (even if the person making the comparison doesn't
believe it)
"Veggie-Libel Laws" - Answer Required defendant to prove truth, not plaintiff to prove falsity
Lanham Act - Answer A 1946 law that governs trademarks and allows for lawsuits over
misleading or confusing marketing or advertising
What must a plaintiff show when suing under the Lanham Act? - Answer - The defendant
made a false or misleading statement about his own or another's products or services
- The statement actually deceived the intended audience or had a tendency to deceive
- The statement was disseminated to the general public
- The statement was commercial speech
- The deception was material
- The goods or services traveled in interstate commerce
- There was a likelihood the plaintiff would suffer injury
McNeil-PPC v. Pfizer, Inc. - What happened? - Answer Pfizer made an ad claiming that
Listerine was as effective as floss at fighting plaque and gingivitis. McNeill (market leader in floss
sales) sued under the Lanham Act.
McNeil-PPC v. Pfizer, Inc. - What was the verdict? - Answer McNeill's motion for a preliminary
injunction was granted at Pfizer was enjoined from communicating:
- Clinical studies prove Listerine is as effective as floss
- Listerine can be used instead of floss
- Flossing provides no health benefits beyond reducing plaque/gingivitis
- The Sharma and Bauroth Studies prove anything concering the comparative oral benefits of
Listerine v. flossing
Federal Trade Commission Act - Answer Gave the FTC authority to restrain unfair acts and
practices in business; established in 1914
Sec. 5 of the FTC Act - Answer Declared "unfair or deceptive methods of competition in
commerce" to be unlawful and gave FTC power to prevent them
Limits of the FTC - Answer - Funeral industry regulation
- Children's advertising regulation
EXAM AND 100% CORRECT
ANSWERS 2026/2027 UPDATED.
Two broad kinds of injurious falsehood - Answer 1. Slander of title and trade libel
2. Disparagement
Injurious falsehood - Answer One publishing a false statement harmful to the interest of
another, where the publisher:
1. intends for the publication to do harm or knows that it is likely to
2. knows the statement is false or acts in reckless disregard of falsehood
What must plaintiffs prove in matters of injurious falsehood? - Answer 1. The falsehoods
were published
2. The falsity of the statements
Disparagement - Answer A statement that is understood to cast doubt on the quality of
another's land, chattels, or intangible things, in which:
1. the publisher intends the statement to cast doubt
2. the recipient's understanding of that doubt was reasonable
Must must plaintiff show to recover damages for disparagement? - Answer Monetary loss
Who has to prove a higher degree of fault: a plaintiff in a libel suit or injurious falsehood suit? -
Answer Injurious falsehood suit plaintiff
Sup Ct decision that suggested proof of actual malice may be required in product
disparagement cases - Answer Bose sued Consumers Union for publishing a negative review
of a Bose speaker
When is the actual malice rule not required? - Answer In cases of false advertising Brough
under the Lanham Act (commercial speech is entitled to less 1st amendment protection)
What is a defense to injurious falsehood? - Answer Truth
, Competitor's privilege - Answer One may make unduly favorable comparisons between one's
product or service and that of a competitor (even if the person making the comparison doesn't
believe it)
"Veggie-Libel Laws" - Answer Required defendant to prove truth, not plaintiff to prove falsity
Lanham Act - Answer A 1946 law that governs trademarks and allows for lawsuits over
misleading or confusing marketing or advertising
What must a plaintiff show when suing under the Lanham Act? - Answer - The defendant
made a false or misleading statement about his own or another's products or services
- The statement actually deceived the intended audience or had a tendency to deceive
- The statement was disseminated to the general public
- The statement was commercial speech
- The deception was material
- The goods or services traveled in interstate commerce
- There was a likelihood the plaintiff would suffer injury
McNeil-PPC v. Pfizer, Inc. - What happened? - Answer Pfizer made an ad claiming that
Listerine was as effective as floss at fighting plaque and gingivitis. McNeill (market leader in floss
sales) sued under the Lanham Act.
McNeil-PPC v. Pfizer, Inc. - What was the verdict? - Answer McNeill's motion for a preliminary
injunction was granted at Pfizer was enjoined from communicating:
- Clinical studies prove Listerine is as effective as floss
- Listerine can be used instead of floss
- Flossing provides no health benefits beyond reducing plaque/gingivitis
- The Sharma and Bauroth Studies prove anything concering the comparative oral benefits of
Listerine v. flossing
Federal Trade Commission Act - Answer Gave the FTC authority to restrain unfair acts and
practices in business; established in 1914
Sec. 5 of the FTC Act - Answer Declared "unfair or deceptive methods of competition in
commerce" to be unlawful and gave FTC power to prevent them
Limits of the FTC - Answer - Funeral industry regulation
- Children's advertising regulation
