Deck 5: The Right of Privacy

Question 1

In Deteresa v.ABC,a federal appellate court held that:

A)ABC violated Deteresa's rights by using a hidden camera.
B)ABC violated Deteresa's rights by broadcasting video of her.
C)ABC violated Deteresa's rights by entering her home on a ride-along with police.
D)ABC violated Deteresa's rights by revealing private facts about her.
E)ABC did NOT violate Deteresa's rights.

Answer 1

E

Question 2

In 2009,a California appeals court said in Moreno v.Hanford Sentinel,Inc.that the social networking site MySpace is most like a/an:

A)website.
B)private room.
C)bulletin board.
D)e-mail.
E)text message.

Answer 2

C

Question 3

In Florida Star v.B.J.F. ,the Supreme Court held that:

A)there is never any right of privacy when government records are involved.
B)the government must release the names of rape victims to the media.
C)the media may not be penalized for publishing information lawfully obtained from a court document that was made public.
D)the media may be punished for publishing information lawfully obtained from a court record that was made public due to an official error.
E)all of these.

Answer 3

C

Question 4

The concept of a right of privacy was first proposed in an 1890 Harvard Law Review article written by two men,one of whom would later become a U.S.Supreme Court justice.The future justice was:

A)John Marshall.
B)Oliver Wendell Holmes.
C)William O.Douglas.
D)Louis Brandeis.
E)Learned Hand.

Question 5

The U.S.Supreme Court has held that it is usually a violation of the Fourth Amendment for law enforcement officers to allow the media to accompany them into a private home when the officers go in,even with a search or arrest warrant.The case:

A)Wilson v.Layne.
B)Time,Inc.v.Hill.
C)Melvin v.Reid.
D)Cantrell v.Forest City Publishing Co. .
E)Diaz v.Oakland Tribune.

Question 6

In private facts cases,the most viable defense is usually:

A)truth.
B)fair comment.
C)newsworthiness.
D)absence of malice.
E)qualified privilege.

Question 7

The actual malice rule,which prevents public figures from winning libel cases unless they can prove that a falsehood was published either knowingly or recklessly,was extended to some invasion of privacy lawsuits in the case of:

A)Time,Inc.v.Hill.
B)Cantrell v.Forest City Publishing.
C)Melvin v.Reid.
D)Olmstead v.U.S. .
E)Conklin v.Sloss.

Question 8

In 1992 the U.S.Supreme Court reaffirmed the basic principle of Roe v.Wade (i.e. ,that the right of privacy includes the right to choose an abortion without undue government interference during the early months of pregnancy)in the case of:

A)Bowers v.Hardwick.
B)Griswold v.Connecticut.
C)Planned Parenthood v.Casey.
D)Rust v.Sullivan.
E)Katz v.U.S.

Question 9

Reversing an earlier decision,the Supreme Court declared in 2003 that there is a constitutional right of privacy that bars states from prosecuting consenting,adult homosexuals for private acts of sodomy.The case?

A)Roe v.Wade.
B)Griswold v.Connecticut.
C)Bowers v.Hardwick.
D)Lawrence v.Texas.
E)Rust v.Sullivan.

Question 10

In a 2001 decision,the U.S.Supreme Court upheld a radio station's right to broadcast a newsworthy tape of an illegally intercepted cellphone conversation.The case:

A)Bowers v.Hardwick.
B)Griswold v.Connecticut.
C)Planned Parenthood v.Casey.
D)Bartnicki v.Vopper.
E)Stenberg v.Carhart.

Question 11

The Supreme Court said that an employee's text messages on government equipment can be searched without violating privacy in:

A)Bartnicki v.Vopper.
B)City of Ontario v.Quon.
C)Cantrell v.Forest City Publishing Co. .
D)Melvin v.Reid.
E)Toffoloni v.LFP Publishing Group.

Question 12

In a 2000 decision,the U.S.Supreme Court overturned a state law that banned partial birth abortions.The case:

A)Bowers v.Hardwick.
B)Griswold v.Connecticut.
C)Planned Parenthood v.Casey.
D)Rust v.Sullivan.
E)Stenberg v.Carhart.

Question 13

In 2007,a new 5-4 majority on the Supreme Court upheld a federal law that banned partial birth abortions in the case of Gonzales v.Carhart.This was the court's first ruling on abortion after the retirement of the justice who provided the decisive fifth vote to overturn laws restricting abortions in several earlier cases.The justice:

A)Warren Burger.
B)Earl Warren.
C)Harry Blackmun.
D)Sandra Day O'Connor.
E)William Brennan.

Question 14

In right of publicity cases,the most viable defense is usually:

A)truth.
B)absence of malice.
C)newsworthiness.
D)consent.
E)qualified privilege.

Question 15

In which of these cases did a celebrity win monetary damages even though there was no use whatever of his/her name or photograph?

A)Midler v.Ford Motor Company.
B)Carson v.Here's Johnny.
C)Sinatra v.Goodyear.
D)Cher v.Forum International.
E)none of these.

Question 16

The right of privacy normally includes all of the following concepts except:

A)the right not to be photographed at the scene of a news event.
B)the right not to have non-newsworthy private matters published,violating ordinary decencies.
C)the right not to have one's name or likeness used commercially without consent.
D)the right not to have one's physical solitude intruded upon unduly.
E)the right not to be held up before the public in a false light.

Question 17

In 1967,the U.S.Supreme Court ruled that there is constitutional protection against unlawful surveillance (by wiretap,bugging,etc. )in any place where a person has a "justifiable expectation of privacy." That was in the case of:

A)Griswold v.Connecticut.
B)Roe v.Wade.
C)Katz v.U.S. .
D)Olmstead v.U.S. .
E)Mapp v.Ohio.

Question 18

The U.S.Supreme Court held that a newspaper committed an invasion of privacy by falsely implying that a reporter had interviewed someone who had not been interviewed and describing how that person felt after a tragedy.The case?

A)Briscoe v.Reader's Digest.
B)Time,Inc.v.Hill.
C)Melvin v.Reid.
D)Cantrell v.Forest City Publishing Co. .
E)Diaz v.Oakland Tribune.

Question 19

In Time,Inc.v.Hill,the Supreme Court ruled that:

A)celebrities can prevent magazines from publishing information about their private lives.
B)the fact that a celebrity is gay is newsworthy and not private.
C)public figures must prove negligence to win an invasion of privacy lawsuit.
D)a family that was held hostage by escaped convicts had to prove actual malice to win a false light privacy case against a magazine.
E)a person's sex change surgery was newsworthy.

Question 20

Internet privacy issues have become increasingly controversial in recent years.In 2004,a federal appeals court held that a company may search employees' e-mail on the company server without violating the Electronic Communications Privacy Act.The case:

A)Fraser v.Nationwide Mutual Insurance Co. .
B)Intel Corp.v.Hamidi.
C)U.S.v.Microsoft Corp. .
D)Cairns v.Franklin Mint.
E)Lugosi v.Universal Pictures.

Question 21

Which state became the first,in 2012,to deny employers the ability to demand social network passwords from employees or applicants?

A)Wisconsin.
B)Michigan.
C)Maryland.
D)Florida.
E)California.

Question 22

The Supreme Court used what grounds to invalidate the federal Defense of Marriage Act in U.S.v.Windsor in 2013?

A)The First Amendment.
B)The necessary and proper clause.
C)The Fifth Amendment.
D)Standing to sue.
E)Equal protection.

Question 23

In which 2014 Supreme Court case did the Court say that police may not,"without a warrant,search digital information on a cell phone seized from an individual who has been arrested"?

A)Bartnicki v.Vopper.
B)Griswold v.Connecticut.
C)City of Ontario v.Quon.
D)Cantrell v.Forest City Publishing Co. .
E)Riley v.California.

Question 24

The Supreme Court said that the petitioners in the Proposition 8 case,Hollingsworth v.Perry,lacked ____________,and their case could not go forward.

A)First Amendment protection.
B)the necessary and proper clause.
C)Fifth Amendment protection.
D)standing to sue.
E)equal protection.

Question 25

What pieces of information about public officials did the Fourth Circuit say a watchdog blogger site was permitted to post in Ostergren v.Cuccinelli in 2011?

A)ZIP codes.
B)Salaries.
C)Social Security numbers.
D)Email addresses.
E)Postal addresses.

Question 26

The Third Circuit said that a company could not use athletes' likenesses without license agreements in:

A)Glik v.Cuniffe.
B)Hart v.Electronic Arts.
C)Hollingsworth v.Perry.
D)Melvin v.Reid.
E)Ostergren v Cuccinelli.

Question 27

The First Circuit in 2011 in Glik v.Cunniffe said that openly recording a police officer in public is…

A)protected under the First Amendment.
B)not protected under the Fourth Amendment.
C)not protected under the Fifth Amendment.
D)protected under the Sixth Amendment.
E)of undetermined protection.