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Mass Media Law, 13/e
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Multiple Choice
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Libel: Defenses and Damages
Multiple Choice Quiz
1
A judge will grant a defendant summary judgment when:
A)
Giving the plaintiff all benefit of doubt, the judge finds a reasonable juror could not find in favor of the plaintiff.
B)
Giving the plaintiff no benefit of doubt, the judge finds a reasonable juror could not find in favor of the plaintiff.
C)
Giving the defendant all benefit of doubt, the judge finds a reasonable juror could not find in favor of the plaintiff.
D)
There is no doubt about the facts.
2
Based on the single publication rule in statute of limitations:
A)
Each state sets its own rule for how long after publication a plaintiff may sue.
B)
The sale of a back issue always counts as a new publication.
C)
A plaintiff may shop for a state with longer time limits than his or her own if the offending material was published in both.
D)
All of the above are correct.
E)
A and C are correct.
3
A judge may determine:
A)
The facts of a case.
B)
Whether a media defendant showed actual malice.
C)
Whether a publication was justifiable under the First Amendment.
D)
Whether there was harm to the plaintiff's reputation.
4
Absolute privilege applies to:
A)
All speech by government officials.
B)
Speech in official government forums.
C)
Reports of speech in legislative forums.
D)
News accounts that quote government documents.
5
In order to invoke qualified privilege, a reporter must:
A)
Interview people who are knowledgeable about the controversy.
B)
Make it clear he or she is reporting what was said at a public meeting or in official documents.
C)
Present the libelous charges and a response to them.
D)
A and C are correct.
6
The qualified privilege defense:
A)
Is an absolute privilege.
B)
Applies only to statements made within official forums.
C)
Will always be lost if there was ill will by the reporter.
D)
Places the burden on the defendant to show the privilege applies to the defamatory material in question.
7
Neutral reportage:
A)
Is not accepted as a legitimate defense in most states.
B)
Is accepted whenever the reporter makes it clear she is simply repeating another's charges.
C)
Is especially useful when the plaintiff is a private person.
D)
May be applied when only one side of the controversy is available.
8
Qualified privilege protects:
A)
The entire story.
B)
Direct quotes.
C)
Only material based on an official proceeding or public record.
D)
B and C are correct.
9
In
Greenbelt Publishing Association v. Bresler
(1970), the court allowed libel defendants to protect defamatory statements of opinion by arguing:
A)
The opinion is so exaggerated no one would believe it.
B)
The opinion is provably true.
C)
The opinion is political speech and thus entitled to absolute protection.
D)
All of the above are correct.
10
The Milkovich test:
A)
Gives less protection to speech than the Ollman test.
B)
Gives more protection to speech than the Ollman test.
C)
Is incorporated in the Ollman test.
D)
A and C are correct.
E)
B and C are correct.
11
To successfully use a fair comment test:
A)
The comment must be about a subject of legitimate public interest.
B)
The comment should be about a person's public life.
C)
The comment may be about a person's public or private life.
D)
A and B are correct.
E)
A and C are correct.
12
The plaintiff must show evidence of injury to get:
A)
Actual damages.
B)
Special damages.
C)
Presumed damages.
D)
A and B are correct.
E)
A and C are correct.
13
Retraction statutes limit plaintiffs' ability to:
A)
Sue for libel.
B)
Collect damages.
C)
Show fault.
D)
All of the above.
14
Criminal libel statutes:
A)
Have become a major source of concern for reporters since World War II.
B)
May, unlike civil suits, be used when stories defame public officials without a showing of actual malice.
C)
Are often used to punish media corporations rather than individual reporters.
D)
All of the above are correct.
E)
None of the above are correct.
15
In
Hustler Magazine v. Falwell
(1988), the U.S. Supreme Court said in order to win an emotional distress claim, plaintiffs must:
A)
Show that the parody was an opinion.
B)
Show that the parody was a statement of a private fact.
C)
Show that the parody was a false statement of fact.
D)
Show that the writer bore the plaintiff ill will.
2003 McGraw-Hill Higher Education
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