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1 | | Judges view the private facts tort as legally suspect because: |
| | A) | The Supreme Court hasn't recognized it. |
| | B) | It applies only to mass media. |
| | C) | It punishes people or the mass media for disseminating true information. |
| | D) | It does no good since the information has already been published. |
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2 | | Publication of private fact suits: |
| | A) | Are heard in all jurisdictions. |
| | B) | Are usually won by the plaintiff. |
| | C) | Usually result in judgments that are out of line with current public opinion on the issue of privacy of those in public life. |
| | D) | Require the plaintiff to show negligence. |
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3 | | In Neff v. Time (1976) and Cefalu v. Globe Newspaper (1979), courts said: |
| | A) | News organizations should not publish embarrassing moments, such as when people are caught with their zippers down. |
| | B) | News organizations should not publish embarrassing moments, such as when people are caught with their zippers down, unless they warn people that their pictures are being taken. |
| | C) | There is no privacy when people draw attention to themselves by doing embarrassing things such as leaving their zippers down. |
| | D) | There is no privacy in public places. |
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4 | | The important rule established in Sipple v. Chronicle Publishing (1984), the case in which the newspaper reported that the man who saved President Ford's life was gay, is: |
| | A) | Public notoriety is not a defense when a private fact is published. |
| | B) | Something about which a large segment of the public is already aware cannot be considered a private fact. |
| | C) | There is no defense for the publication of a private fact. |
| | D) | There are no private facts about public figures. |
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5 | | In Cox Broadcasting v. Cohn, the U.S. Supreme Court said: |
| | A) | Journalists can publish rape victims' names. |
| | B) | Journalists can only publish rape victims' names with their permission. |
| | C) | Journalists can publish rape victims' names if they get them from reliable sources. |
| | D) | Journalists can publish rape victims' names if they get them from court documents. |
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6 | | In Florida Star v. B.J.F. (1989), the U.S. Supreme Court said: |
| | A) | Journalists can publish rape victims' names. |
| | B) | Journalists can only publish rape victims' names with their permission. |
| | C) | Journalists can publish rape victims' names if the information is lawfully obtained. |
| | D) | Journalists can publish rape victims' names if the information comes from public records and is lawfully obtained. |
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7 | | In Florida v. Globe Communications Corp. (1994), the Florida Supreme Court said the state: |
| | A) | Cannot forbid the news media to print rape victims' names. |
| | B) | Cannot forbid the news media to print rape victims' names unless the victims are children. |
| | C) | Cannot forbid the news media to print a rape victim's name when the victim has given permission. |
| | D) | Cannot forbid the news media to print rape victims' names unless the information came from sealed documents. |
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8 | | Of public interest in private facts cases includes: |
| | A) | Anything that affects a great number of people. |
| | B) | Anything that people find interesting. |
| | C) | Anything related to controversial public issues. |
| | D) | All of the above. |
| | E) | A and C only. |
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9 | | In the private facts tort, a "reasonable person" is considered to be represented by: |
| | A) | The plaintiff. |
| | B) | Answers to public opinion polls. |
| | C) | The judge or jurors. |
| | D) | Members of the community who testify about whether they found the publication offensive. |
| | E) | Expert witnesses. |
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10 | | Cases such as Daily Times-Democrat v. Graham (1962) show that: |
| | A) | The press is never safe from private facts suits. |
| | B) | Constitutional protections don't work. |
| | C) | Sometimes journalists behave so badly, juries find for the plaintiff in spite of the press's First Amendment protection. |
| | D) | Journalists who behave well will never be sued. |
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11 | | Famous people: |
| | A) | Are as likely to win private facts cases as others. |
| | B) | Are less likely to win private facts cases than others. |
| | C) | Are more likely to win private facts cases than others. |
| | D) | Are prohibited from filing private facts claims if they have sought publicity. |
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12 | | The reason for publication of private facts: |
| | A) | Is not considered by courts. |
| | B) | Is often considered by courts. |
| | C) | Is usually not known. |
| | D) | Is considered when courts are deciding if there was actual malice. |
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13 | | In private facts cases, stories that recount the past: |
| | A) | Are always protected. |
| | B) | Are usually protected if they tie the past to the present. |
| | C) | Are usually protected if they don't tie the past to the present. |
| | D) | Are not protected if the event took place more than 10 years ago. |
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14 | | Television or movie docudramas: |
| | A) | Are not subject to false light suits because they are fiction and, as with libel, only false statements of fact are at issue. |
| | B) | Avoid false light suits by requiring signed contracts or releases from any real-life character portrayed in the drama. |
| | C) | Are not subject to false light claims because they are newsworthy. |
| | D) | A and C are correct. |
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15 | | Using unrelated photos with stories: |
| | A) | Is a common cause of false light suits. |
| | B) | Is OK if the caption says "photo illustration." |
| | C) | Is OK if the story is of public interest. |
| | D) | Was a problem for the press in the 1940s and 50s but is no longer. |
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