JOMC 486 UNL EXAMS SCRIPT QUESTIONS AND
ANSWERS GRADED A+
✔✔What did the government claim was its compelling interest in this case? (NY Times
vs. US) - ✔✔Protection of U.S. national security.
✔✔Justices in several concurring opinions said that although the government could not
enjoin publication, the Espionage Act did permit prosecutions of the newspapers for
publishing certain classified material. (NY Times vs. US) (T OR F) - ✔✔True
✔✔According to Justice Brennan, when might it be legal for the government to exercise
prior restraint over a newspaper? (NY Times vs. US) - ✔✔If the publication would
inevitably, directly and immediately lead to a grave harm.
✔✔Several dissenting justices objected to the short amount of time given to deliberation
in this case, arguing that this matter was not clear cut enough to issue a speedy
decision.
(NY Times vs. US) (T OR F) - ✔✔True
✔✔Mark Yonaty is suing Jean Mincolla because Mincolla told Yonaty's girlfriend that
Yonaty was (Yonaty vs. Mincolla) - ✔✔bisexual
✔✔As a result of Mincolla's statements, Yonaty (Yonaty vs. Mincolla) - ✔✔lost his
girlfriend
✔✔The judge in Yonaty ruled that the contention that an allegation of homosexuality is
defamatory is (Yonaty vs. Mincolla) - ✔✔based on the false premise that homosexuality
is shameful and disgraceful.
✔✔As support for his conclusion that an allegation of homosexuality is not per se
defamatory, the judge pointed to three legal developments. Which of the following is not
one of them? (Yonaty vs. Mincolla) - ✔✔The U.S. Defense of Marriage Act.
✔✔According to Milkovich, Diadiun's column accused him of what crime? (Milkovich vs.
Lorain) - ✔✔Perjury
✔✔At common law, for a statement to be protected as "fair comment," it had to meet
four criteria. Which of the following is not one of them? (Milkovich vs. Lorain) - ✔✔Not
cause any harm to the plaintiff.
✔✔In cases where a statement of "opinion" on a matter of public concern reasonably
implies false and defamatory facts regarding public figures, those individuals must show
, that the statements were made with knowledge of their falsity or reckless disregard of
their falsity. (Milkovich vs. Lorain) (T or F) - ✔✔True
✔✔Chief Justice Rehnquist said placing the words "in my opinion" in front of the
statement "Mayor Jones is a liar" (Milkovich vs. Lorain) - ✔✔did not change the
defamatory nature of the statement.
✔✔For a libel plaintiff to win a suit over a defamatory statement about a matter of public
concern, she must prove the statement (Milkovich vs. Lorain) - ✔✔is false.
✔✔Rehnquist compared the statements "In my opinion Mayor Jones is a liar" and "In
my opinion Mayor Jones shows his abysmal ignorance by accepting the teaching of
Marx and Lenin." He said (Milkovich vs. Lorain) - ✔✔the first can be falsified but not the
second.
✔✔Justice Brennan disagrees with the majority that Diadiun's column implies a factual
assertion because it (Milkovich vs. Lorain) - ✔✔is patently conjecture on Diadiun's part.
✔✔Why did Sullivan say the statements in the advertisement referred to him? (NY times
vs. sullivan) - ✔✔He was the commissioner who supervised the police.
✔✔Why didn't the Times publish a retraction as Sullivan demanded? (NY times vs.
sullivan) - ✔✔The Times wanted to know how the statements reflected on Sullivan.
✔✔The Supreme Court rejected two arguments Sullivan made for letting the judgment
in his favor stand. Those were (NY times vs. sullivan) - ✔✔the libels appeared in an ad
and the case did not involve state action.
✔✔The Supreme Court said (NY times vs. sullivan) - ✔✔neither falsity nor injury to
official reputations deprive speech of 1st Amendment protection.
✔✔The Supreme Court said a public official who sues for libel must prove a defamatory
statement was made with (NY times vs. sullivan) - ✔✔knowledge that it was false or
reckless disregard for whether it was false.
✔✔Sullivan offered three bases for finding the Times published the ad with actual
malice. Which of the following is not one of them? (NY times vs. sullivan) - ✔✔The
advertising manager personally was aware of the ad's falsity.
✔✔Of the three bases Sullivan offered for finding actual malice on the part of the Times,
the Supreme Court (NY times vs. sullivan) - ✔✔rejected all three.
ANSWERS GRADED A+
✔✔What did the government claim was its compelling interest in this case? (NY Times
vs. US) - ✔✔Protection of U.S. national security.
✔✔Justices in several concurring opinions said that although the government could not
enjoin publication, the Espionage Act did permit prosecutions of the newspapers for
publishing certain classified material. (NY Times vs. US) (T OR F) - ✔✔True
✔✔According to Justice Brennan, when might it be legal for the government to exercise
prior restraint over a newspaper? (NY Times vs. US) - ✔✔If the publication would
inevitably, directly and immediately lead to a grave harm.
✔✔Several dissenting justices objected to the short amount of time given to deliberation
in this case, arguing that this matter was not clear cut enough to issue a speedy
decision.
(NY Times vs. US) (T OR F) - ✔✔True
✔✔Mark Yonaty is suing Jean Mincolla because Mincolla told Yonaty's girlfriend that
Yonaty was (Yonaty vs. Mincolla) - ✔✔bisexual
✔✔As a result of Mincolla's statements, Yonaty (Yonaty vs. Mincolla) - ✔✔lost his
girlfriend
✔✔The judge in Yonaty ruled that the contention that an allegation of homosexuality is
defamatory is (Yonaty vs. Mincolla) - ✔✔based on the false premise that homosexuality
is shameful and disgraceful.
✔✔As support for his conclusion that an allegation of homosexuality is not per se
defamatory, the judge pointed to three legal developments. Which of the following is not
one of them? (Yonaty vs. Mincolla) - ✔✔The U.S. Defense of Marriage Act.
✔✔According to Milkovich, Diadiun's column accused him of what crime? (Milkovich vs.
Lorain) - ✔✔Perjury
✔✔At common law, for a statement to be protected as "fair comment," it had to meet
four criteria. Which of the following is not one of them? (Milkovich vs. Lorain) - ✔✔Not
cause any harm to the plaintiff.
✔✔In cases where a statement of "opinion" on a matter of public concern reasonably
implies false and defamatory facts regarding public figures, those individuals must show
, that the statements were made with knowledge of their falsity or reckless disregard of
their falsity. (Milkovich vs. Lorain) (T or F) - ✔✔True
✔✔Chief Justice Rehnquist said placing the words "in my opinion" in front of the
statement "Mayor Jones is a liar" (Milkovich vs. Lorain) - ✔✔did not change the
defamatory nature of the statement.
✔✔For a libel plaintiff to win a suit over a defamatory statement about a matter of public
concern, she must prove the statement (Milkovich vs. Lorain) - ✔✔is false.
✔✔Rehnquist compared the statements "In my opinion Mayor Jones is a liar" and "In
my opinion Mayor Jones shows his abysmal ignorance by accepting the teaching of
Marx and Lenin." He said (Milkovich vs. Lorain) - ✔✔the first can be falsified but not the
second.
✔✔Justice Brennan disagrees with the majority that Diadiun's column implies a factual
assertion because it (Milkovich vs. Lorain) - ✔✔is patently conjecture on Diadiun's part.
✔✔Why did Sullivan say the statements in the advertisement referred to him? (NY times
vs. sullivan) - ✔✔He was the commissioner who supervised the police.
✔✔Why didn't the Times publish a retraction as Sullivan demanded? (NY times vs.
sullivan) - ✔✔The Times wanted to know how the statements reflected on Sullivan.
✔✔The Supreme Court rejected two arguments Sullivan made for letting the judgment
in his favor stand. Those were (NY times vs. sullivan) - ✔✔the libels appeared in an ad
and the case did not involve state action.
✔✔The Supreme Court said (NY times vs. sullivan) - ✔✔neither falsity nor injury to
official reputations deprive speech of 1st Amendment protection.
✔✔The Supreme Court said a public official who sues for libel must prove a defamatory
statement was made with (NY times vs. sullivan) - ✔✔knowledge that it was false or
reckless disregard for whether it was false.
✔✔Sullivan offered three bases for finding the Times published the ad with actual
malice. Which of the following is not one of them? (NY times vs. sullivan) - ✔✔The
advertising manager personally was aware of the ad's falsity.
✔✔Of the three bases Sullivan offered for finding actual malice on the part of the Times,
the Supreme Court (NY times vs. sullivan) - ✔✔rejected all three.
