media law test 2

1. 1Which of the following is not one of the requirements of the fair report/qualified privilege?

   1. AThe source of the statement should be clearly noted in the news report
   2. BThe information must be obtained from a record, proceeding, or individual recognized as “official.”
   3. CThe news report must be concerning a matter of public controversy
   4. DThe news report must fairly and accurately reflect what is in the public record or what was said during the official proceeding
2. 2Section 230 of the Communication Decency Act ______.

   1. Arequires the application of the actual malice standard in libel actions
   2. Ball of these
   3. Cprevents a libel action from moving forward when one party is anonymous
   4. Dprotects internet service providers from liability in defamation cases if they are only serving as distributors of information
3. 3Which of the following is not among the criteria for the successful application of the neutral reportage libel defense?

   1. AThe charges focus on a public official or public figure.
   2. BThe charges are reported accurately.
   3. CThe charges are made by a responsible and prominent source.
   4. DThe charges are true
4. 4The fair report privilege is a qualified privilege

   1. Atrue
   2. Bfalse
5. 5According to the libel-proof plaintiff doctrine, ______.

   1. Apeople with already bad reputations have an easier time winning libel lawsuits
   2. Bcertain public officials are in such important positions that the media are forbidden from libeling them
   3. Csome people have reputations so bad that even false and defamatory claims cannot harm their reputations any further certain public officials are in such important positions that they cannot sue the media for libel
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   4. Dcertain public officials are in such important positions that they cannot sue the media for libel
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6. 6Which of the following is not a libel defense?

   1. Aall these are libel defenses
   2. Brhetorical hyperbole
   3. Cactual malice
   4. Dfair comment and criticism
   5. Eopinion
7. 7When does Section 230 immunity apply to an ISP or website?

   1. Aall of these
   2. Bwhen the ISP/website corrects, edits, adds, or removes content, as long as the action doesn’t substantially alter the meaning of the content
   3. Cwhen the ISP/website interacts directly with the content
   4. Dwhen the ISP/website is a content creator
8. 8According to the single-publication rule, ______.

   1. Athe rule does not apply to internet publications
   2. Bsubsequent sales or reissues of publications are considered to be new publications, and therefore are susceptible to libel claims
   3. Cthe rule applies only to daily publications such as newspapers
   4. Dsubsequent sales or reissues of publications are not considered to be new publications, and therefore are not susceptible to libel claims
9. 9The idea that material cannot be libelous when it is unbelievable or highly exaggerated relates to which libel defense?

   1. Arhetorical hyperbole
   2. Bwire service
   3. Cfair and comment criticism
   4. Dneutral reportage
10. 10In defending a lawsuit based on statements of opinion, a defendant may win the case by arguing that the statements are ______.

    1. Arhetorical hyperbole
    2. Ball of these
    3. Cprotected by the first amendment
    4. Dfair and comment criticism

11. 11Courts have determined that under Section 230 gossip websites like TheDirty.com are protected the same as internet service providers.

    1. Atrue
    2. Bfalse
12. 12Letters to the editor are usually viewed as expressions of opinion and therefore unlikely to be the target of successful libel claims.

    1. Atrue
    2. Bfalse
13. 13A person with a television camera sneaks across the mayor’s lawn, peeks through barely open curtains, and takes a picture of the mayor in a darkened living room. The photographer decides he has done a terrible thing and exposes the film, so the picture never is printed. The mayor likely will lose an intrusion suit because the photographer remedied the situation by exposing the film.

    1. Atrue
    2. Bfalse
14. 14Which recent Supreme Court case held that a police officer cannot search a suspect’s smartphone without a warrant?

    1. Aunited states v. jones
    2. Bcity of ontario v. quon
    3. Criley v. california
    4. Dflorida v. jardines
15. 15The magazine Macintosh Computing runs an advertisement for itself in another magazine, PC Quarterly. The ad includes a picture of John Fence, head of Macrosell. John Fence ______.

    1. Alikely will not win an appropriation suit if the picture had been used in a Macintosh Computing article
    2. Blikely will not win an appropriation suit even if the ad shows John Fence saying “Subscribe to Macintosh Computing
    3. Clikely will win an appropriation suit under any circumstances because his picture was used without his permission
    4. Dlikely will win an appropriation suit if he did not give permission for the picture to be used, even if the picture had been used in a Macintosh Computing article
16. 16Which Amendments are considered to protect different aspects of personal privacy?

    1. AThird, Fourth, Fifth, and Fourteenth
    2. BFourth, Fifth, and Fourteenth
    3. CThird, Fourth, and Fifth
    4. DThird and Fourth
17. 17The U.S. Supreme Court has ruled in only two false light cases. In both those rulings the Court held that all false light plaintiffs must prove actual malice to win their cases.

    1. Atrue
    2. Bfalse
18. 18In an advertisement, Creamy Ice Cream shows a woman eating one of the company’s ice cream bars. The woman looks just like Sandra Johnson, a pop singer—but it was not Johnson. Johnson, who didn’t give permission to the ice cream company, sues Creamy. Johnson will ______.

    1. Alose because companies have the right to use famous people in advertisements without permission
    2. Bwin because celebrities never can be used in advertisements
    3. Close because the woman in the advertisement was not Sandra Johnson
    4. Dwin because she did not give the company permission to use someone who looks like her in an advertisement
19. 19A false light plaintiff must prove the story ______.

    1. Asaid negative things about the plaintiff
    2. Binjured the plaintiff’s reputation
    3. Cmade him or her appear to be someone he or she is not
    4. Dwas seen by a third party
    5. Emade him or her appear to be someone he or she is not, and was seen by a third party
20. 20If courts in a state rule that the right of publicity is a property right, that means ______.

    1. Athe right of publicity does not survive a person’s death
    2. Bthe right of publicity survives a person’s death
    3. Cpersonal rights survive a person’s death
    4. Dthe right of survival protects famous people only
21. 21A reporter falsely tells a homeowner she is from the county assessor’s office, a government agency. The homeowner admits the reporter into the house. Later discovering the reporter’s true identity, the homeowner sues for intrusion. The homeowner likely will ______.

    1. Awin the intrusion suit; the reporter may face criminal charges
    2. Blose the intrusion suit; the reporter may face criminal charges
    3. Cwin the intrusion suit; nothing further will happen to the reporter
    4. Dlose the intrusion suit; nothing further will happen to the reporter
22. 22When a judge talks about a transformative use in a right-to-publicity case, the judge is referring to ______.

    1. Aa use that takes a person who is a celebrity in one field and transforms that celebrity to another field, such as making a musician into a TV actor
    2. Busing the plaintiff’s likeness in a product the defendant can sell
    3. Ctransforming a right to privacy claim into a claim for the right to publicity
    4. Da use that is not a literal reproduction of the plaintiff’s likeness, but a use in which the defendant has added a creative element to the likeness, such as making it a parody of the likeness
23. 23Jane Johnson was a famous rock star but retired 20 years ago and withdrew from the public eye. While she was a musician, she stole a very valuable diamond ring from another musician. She quickly returned the diamond, was not arrested for theft, and only her brother knew about the incident. Last week, Spy Magazine published an article revealing the theft. Johnson sued Spy Magazine for private facts.

    1. AJohnson will lose because she did not keep the theft private.
    2. BJohnson will lose because passage of time does not change the story’s newsworthiness.
    3. CJohnson will win because she is not newsworthy 20 years after she retired as a musician.
    4. DJohnson will win because a story about a musician stealing a diamond is not newsworthy.
24. 24False light differs from libel because ______.

    1. Athere is no difference between false light and libel
    2. Bin false light, a plaintiff must show the statement would highly offend a reasonable person; in libel, a plaintiff must show injury to reputation
    3. Cfalse light involves only statements that make the plaintiff seem better than she or he is; libel involves statements that make a plaintiff seem worse than she or he is
    4. Din false light, a plaintiff must show the statement was substantially true; in libel, a plaintiff must show the statement was false

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Quiz on media law test 2, created by Cait B on 24/10/2019.

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