Deck 4: Libel: the Plaintiffs Case

Question 1

George and his wife,Louise,watch a nightly newscast on Channel 8.The newscast incorrectly reports that George is accused of stealing money from the business of which he is chief financial officer.Louise is concerned the report reflects badly on her.She calls her lawyer and tells her to sue Channel 8 for libel.Louise's lawyer says:

A)Louise stands a good chance of winning her case
B)Louise cannot win her case
C)Louise and George would have to bring the suit together in order for Louise to win her case
D)George would have to sue on the basis of how the report affected Louise

Answer 1

B

Question 2

Joan is intent on getting the City of Westview to build more bike lanes.She has written many letters to the local paper,been a guest on local radio talk shows,appeared numerous times before the city council,and even paid for a billboard urging her cause.One day a local radio station talk show host says that two years ago Joan ran her car into a bicyclist who was riding in a bike lane.Joan says the story is false and sues the station (and the show host)for libel.What level of fault will Joan have to prove,and why?

A)actual malice,because the majority of states require plaintiffs suing the press for libel to prove actual malice
B)negligence,because Joan is a private individual
C)negligence,because the libelous statement does not directly relate to the public controversy
D)actual malice,because Joan is a limited-purpose public figure as she voluntarily thrust herself into a public controversy

Answer 2

D

Question 3

Which term is defined as an attempt by a libel defendant to enhance its defense by claiming that the statement over which it is being sued made the defendant a public figure?

A)libel proof plaintiff
B)tort statute
C)bootstrapping
D)rhetorical hyperbole

Answer 3

C

Question 4

Remarks aired on a radio or television station are likely to be found extreme and outrageous if

A)the remarks were made on a call-in program
B)the station carries The Howard Stern Show
C)the person saying the words knew the plaintiff was particularly susceptible to emotional distress
D)the person saying the words had met the plaintiff before the broadcast

Question 5

A newspaper story says that most of the 250 members of the Associated Waterworks Union are corrupt.Sam Jones,one of the union members,

A)may sue for libel on grounds that he was defamed
B)may not sue for libel because he cannot prove fault
C)may not sue for libel because he cannot prove identification
D)could sue for libel if there were only 200 members of the union

Question 6

Elements that could help show actual malice include

A)failure to check facts
B)quickly publishing a story when the news is not "hot"
C)fabricating interviews
D)all the above
E)none of the above

Question 7

A century ago when plaintiffs first brought lawsuits claiming defendants caused them emotional distress,

A)courts generally allowed the plaintiffs to sue
B)courts rarely allowed plaintiffs to recover for emotional distress
C)courts allowed only public officials and public figures to recover for emotional distress
D)courts allowed only private individuals to recover for emotional distress

Question 8

The notion that the mere threat of any kind of lawsuit decreases the aggressiveness of the news media and their willingness to pursue and publish/broadcast hard-hitting stories is most commonly referred to as

A)actual malice
B)chilling effect
C)common law malice
D)rhetorical hyperbole

Question 9

The Daily Press prints a story quoting a public university administrator-the dean of sciences-saying that nearly all students in the university's School of Journalism and Mass Communication are binge drinkers and come to class drunk.There are 400 SJMC students.Mary Smith,a senior in SJMC,knows that is not true about her and she wants to sue for libel.Smith

A)could successfully sue for libel
B)could not successfully sue for libel because The Daily Press has an absolute privilege to quote the university administrator
C)could not successfully sue for libel because the statement contains nothing a jury could find defamatory
D)could not successfully sue for libel because she could not prove identification

Question 10

Colin,a Channel 3 reporter,rushed to an auto accident scene.He saw two young children leaving an ice cream store.Without seeking anyone's permission and with his camcorder running,Colin asked the children what they knew about a truck that had hit a parked red car killing the person sitting in the car.That was the children's first realization that their father was dead.Acting for the children,their mother sued Channel 3 for intentional infliction of emotional distress.It is likely a court will find that

A)Channel 3's reporter acted in an extreme and outrageous way
B)Channel 3's reporter acted reasonably when he interviewed the children
C)Channel 3 will win the case if the videotape was not aired
D)Channel 3 will win the case if the children were more than 10 years old

Question 11

In determining if a libel defendant acted with actual malice,courts will consider which of the following?

A)Was publication urgent,that is,was it a "hot" story?
B)How credible were the sources used for the story?
C)Was the plaintiff (i.e.,the subject of the story)interviewed?
D)A,B,and C above
E)None of the above

Question 12

In a newspaper gossip column,Sally wrote that she did not like Sam's hair,which he had dyed purple.Sam felt insulted and sued Sally for intentional infliction of emotional distress.Sam will

A)win the lawsuit because Sally insulted him
B)win the lawsuit if he can prove actual malice
C)lose the lawsuit because insults are not outrageous
D)lose the lawsuit if Sally can prove actual malice

Question 13

To win an intentional infliction of emotional distress suit,a plaintiff

A)must show the defendant wanted the plaintiff to suffer physical injury
B)must show the defendant knew his or her actions or speech would cause emotional distress
C)may show the defendant acted negligently
D)may show the defendant acted in a reckless way that could cause emotional distress

Question 14

Which phrase below is most closely synonymous with "celebrity?"

A)public official
B)all-purpose public figure
C)limited-purpose public figure
D)plaintiff

Question 15

Emotional distress is defined as

A)being insulted
B)being mildly upset
C)being frightened or extremely anxious
D)feeling nauseous

Question 16

Which element of the libel plaintiff's case is most directly associated with damaged reputation?

A)identification
B)defamation
C)falsity
D)fault

Question 17

Words within direct quotation marks

A)never can be grounds for a libel suit.
B)can be the basis of a successful libel suit if they substantially change the meaning of what the plaintiff actually said.
C)always can be grounds for a libel suit if they are not exactly the words spoken by the plaintiff
D)cannot be the basis for a libel suit because the speaker gave consent.

Question 18

A student at Glorious State University,with 500 faculty,sends an e-mail message to all members of her media law class saying,"Many GSU faculty-in all departments-sell heroin to the students." A GSU English professor likely

A)could not successfully sue for libel because the professor could not prove identification
B)could not successfully sue for libel because the statement contains nothing a jury could find defamatory
C)could successfully sue for libel
D)both b and c

Question 19

The U.S.Supreme Court has held that public officials and public figures bringing suits for intentional infliction of emotional distress must prove

A)negligence
B)truth
C)actual malice
D)embarrassment

Question 20

Jerome tells Chris,a reporter for the Gazette,that Ron robbed a local bank.The Gazette prints the story.Ron claims the story is not true and sues for libel.Ron

A)can successfully sue the Gazette because it republished a libel
B)cannot successfully sue the Gazette because it only republished a libel
C)cannot successfully sue the Gazette because it accurately printed what Jerome told Chris
D)can successfully sue Chris,but not the Gazette,because Chris wrote the story

Question 21

Based on a recent decision in the 9^th Circuit,when are bloggers entitled to the protections provided in the Gertz case?

A)When the blog post involves a matter of public concern
B)Only when the blogger is a trained and credentialed journalist
C)Bloggers are never entitled to protection under Gertz
D)When the blog post involves a private person and a private matter

Question 22

What is the purpose of Section 230 of the Communication Decency Act?

A)It requires the application of the actual malice standard in libel actions
B)To prevent a libel action from moving forward when one party is anonymous
C)It protects Internet service providers (ISPs)from liability in defamation cases if they are only serving as distributors of information
D)All of the above

Question 23

The "Sullivan" in New York Times v.Sullivan was an Alabama state senator.

Question 24

Punitive damages usually provide the most monetary award.

Question 25

The U.S.Supreme Court has established a clear standard that applies to cases involving anonymous speech and libel.

Question 26

What is the purpose of a SLAPP?

A)To harass one's critics into silence
B)To place a restraining order on a media outlet
C)An unconstitutional limit on free speech
D)All of the above

Question 27

Works of fiction can be the basis of successful libel claims.

Question 28

Courts allowed plaintiffs to sue for emotional distress beginning a century ago when plaintiffs first brought such lawsuits.

Question 29

The U.S.Supreme Court has held that unstated implications may not be grounds for a libel suit.

Question 30

What is trade libel?

A)Criticism of products rather than people or businesses
B)Criticism of other countries with whom the U.S.trades goods and services
C)Criticism of people rather than products
D)Anonymous criticism online

Question 31

Which of the following is an element of the plaintiff's case when the plaintiff is claiming intentional infliction of emotional distress?

A)Defendant engaged in intentional or reckless conduct
B)The defendant's conduct was extreme and outrageous
C)The defendant caused the plaintiff's severe emotional distress
D)All of the above

Question 32

Courts in some states allow plaintiffs to sue for emotional distress if the defendant violates a plaintiff's legal rights,such as defaming the plaintiff.

Question 33

The notion that an individual's reputation is something of value,possibly worth being protected by the law,did not develop until the 20th century.

Question 34

There are two categories of emotional distress lawsuits,that is,intentional infliction of emotional distress and negligent infliction of emotional distress.

Question 35

In cases of anonymous speech,the courts will apply:

A)A SLAPP
B)The Dendrite test
C)Actual malice
D)A libel action cannot move forward when one party is anonymous

Question 36

A private person becomes a limited-purpose public figure when the person is charged with a serious crime.

Question 37

Given the false implication that a series of accurate statements could create,a story whose elements are accurate individually still could be considered libelous.

Question 38

No plaintiff suing the media for intentional infliction of emotional distress has been able to prove the media acted outrageously.

Question 39

A plaintiff suing a television station for negligent infliction of emotional distress must prove the station

A)acted recklessly
B)had a duty to the plaintiff to use due care
C)acted with actual malice
D)had a limited concern for the plaintiff

Question 40

The requirement to prove fault in libel suits against the mass media applies to all plaintiffs whether public or private.

Question 41

A person can commit defamation on social media (e.g.,Twitter or Facebook).

Question 42

Sam Stint lives in Midville,a town in which there are six used car dealers.All six of the dealers belong to a statewide organization of used car dealers called DORC (Dealers of Recycled Cars),which has a total of 200 members throughout the state.In looking for a late-model,low-mileage automobile costing no more than $750,Sam went to each of the six local dealers.Each told Sam that what he was looking for was not available,and each suggested instead that he look at late-model,low-mileage cars costing from $5,000 to $10,000.Sam was outraged.Sam wrote a letter to the editor of the town newspaper saying,in part,"The DORC members in Midville are thieves.They are cheaters.They try to steal your money.They are totally dishonest.You shouldn't buy cars from them.(Signed: Sam Stint.)" The newspaper printed the letter.The six local car dealers had their car sales drop by 50 percent or more during the two months after the letter was printed.All six of the businesses sued for libel.Will the car dealers be able to prove the first three elements of a libel suit-publication,identification,and defamation? Remember to include definitions and how the elements are proven in court.

Question 43

What kind(s)of plaintiff(s)must prove actual malice in libel cases?

Question 44

A newspaper can act as a third party to assert the First Amendment right of an anonymous commenter in an online libel case.

Question 45

Why did the Supreme Court rule in favor of the Westboro Baptist Church in the Snyder v.Phelps case? Did id matter if the Marine's father was a public figure?

Question 46

Libel law balances the media's First Amendment rights against individuals' right to protect what?

Question 47

The U.S.Supreme Court upheld a jury's verdict in favor of Jerry Falwell against Hustler Magazine for libel in the Campari parody case.

Question 48

List all the elements of the plaintiff's case in a libel lawsuit.

Question 49

A plaintiff bringing an intentional infliction of emotional distress lawsuit must prove the defendant's action was outrageous.

Question 50

A person who had tested positive for HIV,the virus that causes AIDS,was at a hospital for further tests and discussion with a doctor.The patient did not have the disease of AIDS,only the HIV virus in his body.When the patient entered the hospital examination room,where normally only the patient and physician would be present,he was asked if he would allow his photograph to be taken.At first,he refused.But the photographer and physician assured him that he would not be recognized because the photo would be taken from a back angle and in silhouette.No one said who the photographer was,but the patient assumed she was with the hospital and that the photo would be used for research purposes within the hospital.The patient agreed to allow the picture to be taken.In fact,however,the photographer was from the local paper that published the photo of the patient being examined by the doctor to illustrate a story that discussed the hospital's research on people who have the AIDS disease.The patient could be identified in the photo by a number of his friends,and he was terribly upset by his picture being used with the story.The patient wants to sue the newspaper for negligent infliction of emotional distress.Would that suit be successful? Why or why not?

Question 51

Whether a plaintiff is considered a public figure for purposes of a libel suit can depend on the nature of the material being published-specifically whether it relates to a matter of public concern.

Question 52

Discuss the importance of the Air Wisconsin case decided by the Supreme Court in 2014.

Question 53

Explain the importance and impact of New York Times v.Sullivan.

Question 54

Libel per se is a statement whose injurious nature is apparent and requires no further proof.

Question 55

All plaintiffs bringing intentional infliction of emotional distress lawsuits must prove actual malice,regardless of whether the plaintiff is a private individual,a public official or a public figure.

Question 56

It is theoretically possible for one-time public figures to revert to private status with the passage of time.However,the courts have been inconsistent in their application of this concept.

Question 57

Plaintiffs rarely win negligent infliction of emotional distress lawsuits against the media because the media rarely can know to whom in their audiences they would owe a duty.

Question 58

Public officials and public figures who sue for intentional infliction of emotional distress only have to prove negligence and not actual malice.

Question 59

Media defendants lose most intentional infliction of emotional distress cases primarily because courts find the media acted in an outrageous manner.